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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, RAFFERTY, STOUT, HUGHES, KASUNIC, FONTANA, BROWNE, TARTAGLIONE, LOGAN AND COSTA, MARCH 2, 2009 |
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| REFERRED TO JUDICIARY, MARCH 2, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, in theft and related offenses, |
3 | providing for the offense of theft of controlled substances. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3935. Theft of controlled substances. |
9 | (a) Offense defined.--A person commits the offense of theft |
10 | of a controlled substance if he: |
11 | (1) unlawfully takes possession of, carries away, |
12 | transfers, causes to be transferred or exercises control over |
13 | a controlled substance or other drug prescribed by a |
14 | practitioner for medication for an ultimate user with the |
15 | intent to deprive the ultimate user of the use of the |
16 | controlled substance or other drug; or |
17 | (2) unlawfully takes possession of, carries away, |
18 | transfers, causes to be transferred or exercises control over |
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1 | a controlled substance or other drug held, stored, offered |
2 | for sale or distributed by a practitioner, manufacturer or |
3 | distributor with the intent to deprive the practitioner, |
4 | manufacturer or distributor thereof. |
5 | (b) Grading.--An offense under this section constitutes a |
6 | felony of the third degree. |
7 | (c) Definitions.--As used in this section, the following |
8 | words and phrases shall have the meanings given to them in this |
9 | subsection: |
10 | "Controlled substance." As defined in the act of April 14, |
11 | 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, |
12 | Device and Cosmetic Act. |
13 | "Distributor." As defined in the act of April 14, 1972 (P.L. |
14 | 233, No.64), known as The Controlled Substance, Drug, Device and |
15 | Cosmetic Act. |
16 | "Drug." As defined in the act of April 14, 1972 (P.L.233, |
17 | No.64), known as The Controlled Substance, Drug, Device and |
18 | Cosmetic Act. |
19 | "Manufacturer." As defined in the act of April 14, 1972 |
20 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
21 | Device and Cosmetic Act. |
22 | "Practitioner." As defined in the act of April 14, 1972 |
23 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
24 | Device and Cosmetic Act. |
25 | "Ultimate user." As defined in the act of April 14, 1972 |
26 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
27 | Device and Cosmetic Act. |
28 | Section 2. This act shall take effect in 60 days. |
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