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06/03/2024 02:38 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=10712
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 9, 2013 02:18 PM
From: Representative Sheryl M. Delozier
To: All House members
Subject: Proposed Legislation – Robbery/Theft/Burglary of Controlled Substances - Former House Bill 2125 (2011-2012)
 
While overall violent crimes rates are down, a real and growing problem is the proliferation of the pharmacy robberies. 2012 saw one set of armed robbers in Philadelphia and Montgomery County pull off a string of fifteen pharmacy robberies, netting hundreds of thousands of dollars in controlled substances while endangering the lives of countless pharmacy employees. There have also been several pharmacies in Central Pennsylvania that have been robbed for controlled substances.

Drug seeking addicts have caused several states to introduce legislation that would increase penalties for robberies occurring “in or in the vicinity” of a pharmacy. I believe that the Commonwealth needs to address crimes where the objective is to procure controlled substances. Rather than mimic other states, which proposed legislation would apply equally to a robbery to obtain drugs and a robbery for money that happened to be in a drug store parking lot, my bill will take a comprehensive approach to focus on the crimes where the object is to obtain illegal controlled substances. It will, therefore, increase the penalties for robbery, theft and burglary where that is the objective.

Burglary of a building or occupied structure for the purpose of acquiring controlled substances would become a Felony of the First Degree. Currently, it is a Felony of the First Degree if the building is adapted for overnight accommodations or if someone is present. Otherwise it is a Felony of the Second Degree.

Robbery is currently a Felony of the First, Second or Third Degree, depending on the degree of force, level of threat or if the robbery occurs from a financial institution. My bill would make Robbery a Felony of the First Degree regardless of the level of threat or force.

Theft penalties range from a Misdemeanor of the Third Degree to a Felony of the First Degree. The latter applies only where the crime is theft by receiving a firearm and the offender is in the business of receiving stolen property. The other classifications turn on the value of the item stolen. My bill would make theft of a controlled substance or designer drug a Felony of the Second degree which is on par with theft of a firearm.

Former HB2125 cosponsors: DELOZIER, MARSICO, CALTAGIRONE, BAKER, BOBACK, CUTLER, ELLIS, GEIST, GIBBONS, GINGRICH, GROVE, HARHART, HARKINS, HARRIS, HEFFLEY, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, M. K. KELLER, MAJOR, MARSHALL, MILLARD, MILLER, MILNE, MOUL, MURT, PASHINSKI, PETRI, QUIGLEY, QUINN, READSHAW, SAYLOR, CULVER, K. SMITH, SONNEY, STEPHENS, STERN, STEVENSON, SWANGER, TAYLOR AND TOEPEL




Introduced as HB289