PRINTER'S NO. 2592
No. 2029 Session of 1999
INTRODUCED BY ORIE, STEVENSON, READSHAW, FICHTER, FRANKEL,
HENNESSEY, BELARDI, MASLAND, GIGLIOTTI, WOJNAROSKI, LAUGHLIN,
SAINATO, HARHAI, SAYLOR, S. MILLER, SEYFERT, E. Z. TAYLOR,
THOMAS, GEIST, J. TAYLOR, VAN HORNE, BARD, TRELLO, BROWNE,
MARSICO AND PISTELLA, NOVEMBER 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 8, 1999
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," imposing fines; and
11 establishing the Drug Enforcement and Demand Reduction Fund.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of April 14, 1972 (P.L.233, No.64), known
15 as The Controlled Substance, Drug, Device and Cosmetic Act, is
16 amended by adding a section to read:
17 Section 15.1. Mandatory Fines; Drug Enforcement and Demand
18 Reduction Fund.--(a) (1) In addition to any disposition
19 authorized by this act or any other law indicating the
20 dispositions that can be ordered for an adjudication of
21 delinquency, a person convicted of or adjudicated delinquent for
1 a violation of any offense defined in this act shall be assessed
2 for each such offense a fine in the amount of:
3 (i) Three thousand dollars ($3,000) in the case of an
4 offense graded as a felony.
5 (ii) One thousand dollars ($1,000) in the case of an offense
6 graded as a misdemeanor.
7 (iii) Five hundred dollars ($500) in the case of an offense
8 graded as a summary offense.
9 (2) A person placed in supervisory treatment for an offense
10 under this act shall be assessed the fine prescribed in this
11 section and applicable to the grading of the offense charged,
12 except that the court may not impose more than one such fine
13 regardless of the number of offenses charged. If the person is
14 charged with more than one offense, the court shall impose as
15 condition of supervisory treatment the fine applicable to the
16 highest graded offense for which the person is charged.
17 (3) All fines provided for in this section shall be in
18 addition to and not in lieu of any fine authorized by law or
19 required to be imposed.
20 (b) (1) Except as provided by paragraph (2), the court may
21 suspend the collection of a fine imposed pursuant to this
22 section provided:
23 (i) The defendant agrees to enter a residential drug
24 rehabilitation program approved by the court.
25 (ii) The defendant agrees to pay for all or some portion of
26 the costs associated with the rehabilitation program.
27 (2) The collection of a fine imposed pursuant to this
28 section shall be suspended during the defendant's participation
29 in the approved rehabilitation program. Upon successful
30 completion of the program, the defendant may apply to the court
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1 to reduce the fine imposed pursuant to this section by any
2 amount actually paid by the defendant for his participation in
3 the program.
4 (3) The court shall not reduce the fine pursuant to this
5 subsection unless the defendant establishes to the satisfaction
6 of the court that he has successfully completed the
7 rehabilitation program. If the defendant's participation is for
8 any reason terminated before his successful completion of the
9 rehabilitation program, collection of the entire fine imposed
10 pursuant to this section shall be enforced.
11 (4) Nothing in this section shall be deemed to affect or
12 suspend any other criminal sanctions imposed pursuant to this
13 act.
14 (c) All fines provided for in this section shall be
15 forwarded to the State Treasurer to be deposited in a nonlapsing
16 revolving fund to be known as the Drug Enforcement and Demand
17 Reduction Fund which is hereby established. Moneys in the fund
18 shall be appropriated on an annual basis for the purposes of
19 funding private Statewide drug abuse and prevention programs in
20 this Commonwealth and shall be used for the administrative costs
21 of the programs. The Office of Attorney General shall decide on
22 an annual basis what Statewide programs shall receive moneys
23 from the fund and in what amounts.
24 Section 2. This act shall take effect in 60 days.
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