Bill Text: PA SB496 | 2009-2010 | Regular Session | Introduced

---

Bill Title: In theft and related offenses, providing for the offense of theft of controlled substances.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2009-03-02 - Referred to JUDICIARY [SB496 Detail]

Download: Pennsylvania-2009-SB496-Introduced.html

---

PRINTER'S NO. 503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 496 Session of2009
INTRODUCED BY STACK, RAFFERTY, STOUT, HUGHES, KASUNIC, FONTANA, BROWNE, TARTAGLIONE, LOGAN AND COSTA, MARCH 2, 2009
REFERRED TO JUDICIARY, MARCH 2, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses,
providing for the offense of theft of controlled substances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3935. Theft of controlled substances.
(a) Offense defined.--A person commits the offense of theft
of a controlled substance if he:
(1) unlawfully takes possession of, carries away,
transfers, causes to be transferred or exercises control over
a controlled substance or other drug prescribed by a
practitioner for medication for an ultimate user with the
intent to deprive the ultimate user of the use of the
controlled substance or other drug; or
(2) unlawfully takes possession of, carries away,
transfers, causes to be transferred or exercises control over
a controlled substance or other drug held, stored, offered
for sale or distributed by a practitioner, manufacturer or
distributor with the intent to deprive the practitioner,
manufacturer or distributor thereof.
(b) Grading.--An offense under this section constitutes a
felony of the third degree.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Controlled substance." As defined in the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Distributor." As defined in the act of April 14, 1972 (P.L.
233, No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
"Drug." As defined in the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
"Manufacturer." As defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Practitioner." As defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Ultimate user." As defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
Section 2. This act shall take effect in 60 days.
20090SB0496PN0503 - 2 -