1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for drug trafficking
3sentencing and penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 7508(a)(3), (4) and (7) of Title 18 of
7the Pennsylvania Consolidated Statutes are amended to read:

8§ 7508. Drug trafficking sentencing and penalties.

9(a) General rule.--Notwithstanding any other provisions of
10this or any other act to the contrary, the following provisions
11shall apply:

12* * *

13(3) A person who is convicted of violating section 13(a)
14(14), (30) or (37) of The Controlled Substance, Drug, Device
15and Cosmetic Act where the controlled substance is coca
16leaves or is any salt, compound, derivative or preparation of
17coca leaves or is any salt, compound, derivative or
18preparation which is chemically equivalent or identical with

1any of these substances or is any mixture containing any of
2these substances except decocainized coca leaves or extracts
3of coca leaves which (extracts) do not contain cocaine or
4ecgonine shall, upon conviction, be sentenced to a mandatory
5minimum term of imprisonment and a fine as set forth in this
6subsection:

7(i) when the aggregate weight of the compound or
8mixture containing the substance involved is at least 2.0
9grams and less than ten grams; one year in prison and a
10fine of $5,000 or such larger amount as is sufficient to
11exhaust the assets utilized in and the proceeds from the
12illegal activity; however, if at the time of sentencing
13the defendant has been convicted of another drug
14trafficking offense: three years in prison and $10,000 or
15such larger amount as is sufficient to exhaust the assets
16utilized in and the proceeds from the illegal activity;

17(ii) when the aggregate weight of the compound or
18mixture containing the substance involved is at least ten
19grams and less than 100 grams; three years in prison and
20a fine of $15,000 or such larger amount as is sufficient
21to exhaust the assets utilized in and the proceeds from
22the illegal activity; however, if at the time of
23sentencing the defendant has been convicted of another
24drug trafficking offense: five years in prison and
25$30,000 or such larger amount as is sufficient to exhaust
26the assets utilized in and the proceeds from the illegal
27activity; [and]

28(iii) when the aggregate weight of the compound or
29mixture of the substance involved is at least 100 grams[;
30four] and less than 500 grams; five years in prison and a

1fine of [$25,000] $30,000 or such larger amount as is
2sufficient to exhaust the assets utilized in and the
3proceeds from the illegal activity; however, if at the
4time of sentencing the defendant has been convicted of
5another drug trafficking offense: seven years in prison
6and $50,000 or such larger amount as is sufficient to
7exhaust the assets utilized in and the proceeds from the
8illegal activity[.]; and

9(iv) when the aggregate weight of the compound or
10mixture of the substance involved is 500 grams or
11greater; ten years in prison and a fine of $50,000 or
12such larger amount as is sufficient to exhaust the assets
13utilized in and the proceeds from the illegal activity;
14however, if at the time of sentencing the defendant has
15been convicted of another drug trafficking offense: 13
16years in prison and $60,000 or such larger amount as is
17sufficient to exhaust the assets utilized in and the
18proceeds from the illegal activity.

19(4) A person who is convicted of violating section 13(a)
20(14), (30) or (37) of The Controlled Substance, Drug, Device
21and Cosmetic Act where the controlled substance is
22methamphetamine or phencyclidine or is a salt, isomer or salt
23of an isomer of methamphetamine or phencyclidine or is a
24mixture containing methamphetamine or phencyclidine,
25containing a salt of methamphetamine or phencyclidine,
26containing an isomer of methamphetamine or phencyclidine,
27containing a salt of an isomer of methamphetamine or
28phencyclidine shall, upon conviction, be sentenced to a
29mandatory minimum term of imprisonment and a fine as set
30forth in this subsection:

1(i) when the aggregate weight of the compound or
2mixture containing the substance involved is at least
3five grams and less than ten grams; three years in prison
4and a fine of $15,000 or such larger amount as is
5sufficient to exhaust the assets utilized in and the
6proceeds from the illegal activity; however, if at the
7time of sentencing the defendant has been convicted of
8another drug trafficking offense: five years in prison
9and $30,000 or such larger amount as is sufficient to
10exhaust the assets utilized in and the proceeds from the
11illegal activity;

12(ii) when the aggregate weight of the compound or
13mixture containing the substance involved is at least ten
14grams and less than 100 grams; [four] five years in
15prison and a fine of $25,000 or such larger amount as is
16sufficient to exhaust the assets utilized in and the
17proceeds from the illegal activity; however, if at the
18time of sentencing the defendant has been convicted of
19another drug trafficking offense: seven years in prison
20and $50,000 or such larger amount as is sufficient to
21exhaust the assets utilized in and the proceeds from the
22illegal activity; [and]

23(iii) when the aggregate weight of the compound or
24mixture containing the substance involved is at least 100
25grams[; five] and less than 500 grams; seven years in
26prison and a fine of $50,000 or such larger amount as is
27sufficient to exhaust the assets utilized in and the
28proceeds from the illegal activity; however, if at the
29time of sentencing the defendant has been convicted of
30another drug trafficking offense: [eight] ten years in

1prison and [$50,000] $60,000 or such larger amount as is
2sufficient to exhaust the assets utilized in and the
3proceeds from the illegal activity[.]; and

4(iv) when the aggregate weight of the compound or
5mixture of the substance involved is 500 grams or
6greater; ten years in prison and a fine of $60,000 or
7such larger amount as is sufficient to exhaust the assets
8utilized in and the proceeds from the illegal activity;
9however, if at the time of sentencing the defendant has
10been convicted of another drug trafficking offense: 13
11years in prison and $70,000 or such larger amount as is
12sufficient to exhaust the assets utilized in and the
13proceeds from the illegal activity.

14* * *

15(7) A person who is convicted of violating section 13(a)
16(14), (30) or (37) of The Controlled Substance, Drug, Device
17and Cosmetic Act where the controlled substance or a mixture
18containing it is heroin shall, upon conviction, be sentenced
19as set forth in this paragraph:

20(i) when the aggregate weight of the compound or
21mixture containing the heroin involved is at least 1.0
22gram but less than 5.0 grams the sentence shall be a
23mandatory minimum term of two years in prison and a fine
24of $5,000 or such larger amount as is sufficient to
25exhaust the assets utilized in and the proceeds from the
26illegal activity; however, if at the time of sentencing
27the defendant has been convicted of another drug
28trafficking offense: a mandatory minimum term of three
29years in prison and $10,000 or such larger amount as is
30sufficient to exhaust the assets utilized in and the

1proceeds from the illegal activity;

2(ii) when the aggregate weight of the compound or
3mixture containing the heroin involved is at least 5.0
4grams but less than 50 grams: a mandatory minimum term of
5[three] five years in prison and a fine of $15,000 or
6such larger amount as is sufficient to exhaust the assets
7utilized in and the proceeds from the illegal activity;
8however, if at the time of sentencing the defendant has
9been convicted of another drug trafficking offense: a
10mandatory minimum term of [five] seven years in prison
11and $30,000 or such larger amount as is sufficient to
12exhaust the assets utilized in and the proceeds from the
13illegal activity; [and]

14(iii) when the aggregate weight of the compound or
15mixture containing the heroin involved is [50 grams or
16greater] at least 50 grams but less than 100 grams: a
17mandatory minimum term of [five] seven years in prison
18and a fine of [$25,000] $30,000 or such larger amount as
19is sufficient to exhaust the assets utilized in and the
20proceeds from the illegal activity; however, if at the
21time of sentencing the defendant has been convicted of
22another drug trafficking offense: a mandatory minimum
23term of [seven] ten years in prison and $50,000 or such
24larger amount as is sufficient to exhaust the assets
25utilized in and the proceeds from the illegal
26activity[.]; and

27(iv) when the aggregate weight of the compound or
28mixture containing the heroin is 100 grams or greater:
29ten years in prison and a fine of $50,000 or such larger
30amount as is sufficient to exhaust the assets utilized in

1and the proceeds from the illegal activity; however, if
2at the time of sentencing the defendant has been
3convicted of another drug trafficking offense: 13 years
4in prison and $60,000 or such larger amount as is
5sufficient to exhaust the assets utilized in and the
6proceeds from the illegal activity.

7* * *

8Section 2. This act shall take effect in 60 days.