be sentenced to a minimum term of at least 10 years of total
confinement and a fine of $15,000, or a larger amount as is
determined to exhaust the assets utilized in and proceeds
from the illegal activity if:
(i) prior to the commission of the offense, the
person had two or more prior convictions for a violation
of section 13(a)(14) or (30) of the act of April 14, 1972
(P.L.233, No.64), known as the Controlled Substance,
Drug, Device and Cosmetic Act; or AND
(ii) the person received anything of MORE THAN DE
MINIMIS value, directly or indirectly, as consideration
for dispensing, delivering, giving, prescribing, selling
or distributing any controlled substance or counterfeit
controlled substance.
(2) [Paragraph] PARAGRAPHS (1) AND (1.1) shall not apply
to a person convicted under section 2502(c) (relating to
murder) when the victim is less than 13 years of age and the
conduct arises out of the same criminal act.
(3) PARAGRAPH (1.1) SHALL NOT APPLY IF:
(I) THE PERSON AND THE DECEDENT INTENDED TO USE THE
CONTROLLED SUBSTANCE OR COUNTERFEIT CONTROLLED SUBSTANCE
TOGETHER; OR
(II) THE PERSON USED THE CONTROLLED SUBSTANCE OR
COUNTERFEIT CONTROLLED SUBSTANCE WITH THE DECEDENT .
* * *
Section 2. This act shall take effect in 60 days.
20230SB0235PN1130 - 2 -
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