PRINTER'S NO. 199
No. 180 Session of 1989
INTRODUCED BY NAHILL, MICHLOVIC, LETTERMAN, WASS, SCHULER,
PERZEL, FOX, GIGLIOTTI, BOYES, MARKOSEK, KUKOVICH, SEMMEL,
KOSINSKI, RYBAK, REBER, GLADECK, PHILLIPS, J. L. WRIGHT,
CAWLEY, TRELLO, HESS, NOYE, SAURMAN, FLICK, WOZNIAK,
BATTISTO, OLIVER, CARLSON, DeLUCA, VEON, MELIO, SCHEETZ,
MICOZZIE, BELARDI, BILLOW, ANGSTADT, FARMER, GODSHALL,
ARGALL, LASHINGER, WOGAN, GRUPPO, ROBBINS, FARGO, HASAY,
CIVERA, OLASZ, VROON, CORNELL, MAIALE, BURD, BUNT AND
McVERRY, JANUARY 31, 1989
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 1989
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," further providing for
11 penalties for adulterating drugs with intent to cause bodily
12 harm.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 13(b) of the act of April 14, 1972
16 (P.L.233, No.64), known as The Controlled Substance, Drug,
17 Device and Cosmetic Act, amended December 14, 1984 (P.L.988,
18 No.200), is amended to read:
19 Section 13. Prohibited Acts; Penalties.--* * *
1 (b) Any person who violates any of the provisions of clauses
2 (1) through (11), (13) and (15) through (20) of subsection (a)
3 shall be guilty of a misdemeanor, and except for clauses (4),
4 (6), (7), (8), (9) and (19) shall, on conviction thereof, be
5 sentenced to imprisonment not exceeding one year or to pay a
6 fine not exceeding five thousand dollars ($5,000), or both, and
7 for clauses (4), (6), (7), (8), (9) and (19) shall, on
8 conviction thereof, be sentenced to imprisonment not exceeding
9 three years or to pay a fine not exceeding five thousand dollars
10 ($5,000), or both; but, if the violation is committed after a
11 prior conviction of such person for a violation of this act
12 under this section has become final, such person shall be
13 sentenced to imprisonment not exceeding three years or to pay a
14 fine not exceeding twenty-five thousand dollars ($25,000), or
15 both. Notwithstanding any penalty regarding a violation of
16 clause (2) or (5) of subsection (a), a person shall be guilty of
17 a felony of the second degree when he adulterates any controlled
18 substance, or other drug, device or cosmetic by adding any
19 poisonous or deleterious substance with the intent to cause
20 serious bodily harm.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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