PRINTER'S NO. 318
No. 303 Session of 2003
INTRODUCED BY WAGNER, LAVALLE, MUSTO, ERICKSON, COSTA, RAFFERTY,
LOGAN, STOUT, ORIE, TARTAGLIONE AND KITCHEN,
FEBRUARY 13, 2003
REFERRED TO JUDICIARY, FEBRUARY 13, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for drug trafficking
3 sentencing and penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7508(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph to read:
8 § 7508. Drug trafficking sentencing and penalties.
9 (a) General rule.--Notwithstanding any other provisions of
10 this or any other act to the contrary, the following provisions
11 shall apply:
12 * * *
13 (9) A person who is convicted of violating section
14 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
15 Device and Cosmetic Act where the controlled substance is 3,
16 4 - methylenedioxymethamphetamine (MDMA) shall, upon
17 conviction, be sentenced to a mandatory minimum term of
18 imprisonment and a fine as set forth in this subsection:
1 (i) If the aggregate weight of the compound or
2 mixture containing the substance involved is at least 50
3 tablets, capsules, caplets or other dosage units, or 15
4 grams, and less than 100 tablets, capsules, caplets or
5 other dosage units, or less than 30 grams: one year in
6 prison and a fine of $2,500 or such larger amount as is
7 sufficient to exhaust the assets utilized in and the
8 proceeds from the illegal activity. However, if at the
9 time of sentencing the defendant has been convicted of
10 another drug trafficking offense, the sentence shall be
11 three years in prison and $5,000 or such larger amount as
12 is sufficient to exhaust the assets utilized in and the
13 proceeds from the illegal activity.
14 (ii) If the aggregate weight of the compound or
15 mixture containing the substance involved is at least 100
16 tablets, capsules, caplets or other dosage units, or 30
17 grams, and less than 1,000 tablets, capsules, caplets or
18 other dosage units, or less than 300 grams: two years in
19 prison and a fine of $15,000 or such larger amount as is
20 sufficient to exhaust the assets utilized in and the
21 proceeds from the illegal activity. However, if at the
22 time of sentencing the defendant has been convicted of
23 another drug trafficking offense, the sentence shall be
24 five years in prison and $25,000 or such larger amount as
25 is sufficient to exhaust the assets utilized in and the
26 proceeds from the illegal activity.
27 (iii) If the aggregate weight of the compound or
28 mixture containing the substance involved is at least
29 1,000 tablets, capsules, caplets or other dosage units,
30 or 300 grams: six years in prison and a fine of $30,000
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1 or such larger amount as is sufficient to exhaust the
2 assets utilized in and the proceeds from the illegal
3 activity. However, if at the time of sentencing the
4 defendant has been convicted of another drug trafficking
5 offense, the sentence shall be seven years in prison and
6 $50,000 or such larger amount as is sufficient to exhaust
7 the assets utilized in and the proceeds from the illegal
8 activity.
9 * * *
10 Section 2. This act shall take effect in 60 days.
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