(2) This section may be referred to as "Tyler's Law."
(b) Offense defined.--A person commits a felony of the first
degree if the person intentionally sells or engages in a
monetary transaction to distribute fentanyl and the distribution
results in the death of another person due to the use of the
fentanyl.
(c) Mandatory minimum penalty.--A person convicted of a
violation of subsection (b) shall be sentenced to a minimum
sentence of at least 25 years of total confinement,
notwithstanding any other provision of this title or any other
statute to the contrary. In no case shall the sentence exceed a
maximum sentence of 50 years of total confinement.
(d) Drug overdose response immunity.--The immunity provided
for under section 13.7 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, shall apply to this section.
(e) Construction.-- The provisions of this section shall not
be construed to limit, restrict or otherwise prohibit an
indictment or conviction for another crime that may be related
to a violation of this section.
SECTION 1. SECTION 2506(B) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 2506. DRUG DELIVERY RESULTING IN DEATH.
* * *
(B) PENALTY.--
(1) A PERSON CONVICTED UNDER SUBSECTION (A) SHALL BE
SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY
THE COURT AT NOT MORE THAN 40 YEARS.
(1.1) A PERSON CONVICTED UNDER THIS SUBSECTION SHALL BE
SENTENCED TO A MINIMUM TERM OF AT LEAST 10 YEARS OF TOTAL
20230SB0235PN0977 - 2 -
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