THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, ORIE, RAFFERTY, COSTA, BOSCOLA, ALLOWAY, BAKER, EICHELBERGER, ERICKSON, FONTANA, KASUNIC, KITCHEN, LOGAN, PIPPY, ROBBINS, TARTAGLIONE, TOMLINSON, WAUGH, D. WHITE, WILLIAMS, WOZNIAK, YAW, O'PAKE AND WONDERLING, JANUARY 30, 2009

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, FEBRUARY 10, 2009   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for the offense of operation

of methamphetamine laboratory.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 7508.2.  Operation of methamphetamine laboratory.

(a)  Offense defined.--A person commits the offense of

operating a methamphetamine laboratory if the person knowingly

causes a chemical reaction involving ephedrine, pseudoephedrine

or phenylpropanolamine or any of their salts, optical isomers or

salts of optical isomers for the purpose of manufacturing

methamphetamine or preparing a precursor substance for the

manufacture of methamphetamine.

(b)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under this subsection constitutes a felony of the second

degree and is subject to SECTION 1110 (relating to

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restitution for cleanup of clandestine laboratories).

(2)  A person who violates subsection (a) commits a

felony of the first degree and is subject to SECTION 1110 if

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the chemical reaction occurs within 1,000 feet of the real

property on which is located a public, private or parochial

school, a college or university or a nursery school or day

care center, or within 250 feet of the real property on which

is located a recreation center or playground.

(c)  Applicability.--This section does not apply to the

manufacturing operation of a licensed pharmaceutical company in

the normal course of business.

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