PRINTER'S NO. 335
No. 328 Session of 1999
INTRODUCED BY BOSCOLA, HELFRICK, BELAN, KASUNIC, O'PAKE, COSTA,
MELLOW AND MUSTO, FEBRUARY 8, 1999
REFERRED TO JUDICIARY, FEBRUARY 8, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for drug-free
3 recreation zones.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 9719.1. Sentences for offenses committed in a drug-free
9 recreation zone.
10 (a) General rule.--A person 18 years of age or older who is
11 convicted in any court of this Commonwealth of a violation of
12 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
13 No.64), known as The Controlled Substance, Drug, Device and
14 Cosmetic Act, shall, if the delivery of or possession with
15 intent to deliver the controlled substance occurred within 1,000
16 feet of the real property on which is located a public park,
17 pool or playground, be sentenced to a minimum sentence of at
18 least two years of total confinement, notwithstanding any other
1 provision of this title or Title 18 (relating to crimes and
2 offenses), The Controlled Substance, Drug, Device and Cosmetic
3 Act or other statute to the contrary. The maximum term of
4 imprisonment shall be four years for any offense:
5 (1) subject to this section; and
6 (2) for which The Controlled Substance, Drug, Device and
7 Cosmetic Act provides for a maximum term of imprisonment of
8 less than four years.
9 If the sentencing court finds that the delivery of or possession
10 with intent to deliver was to an individual under 18 years of
11 age, then this section shall not be applicable and the offense
12 shall be subject to 18 Pa.C.S. § 6314 (relating to sentencing
13 and penalties for trafficking drugs to minors).
14 (b) Proof at sentencing.--The provisions of this section
15 shall not be an element of the crime. Notice of the
16 applicability of this section to the defendant shall not be
17 required prior to conviction, but reasonable notice of the
18 Commonwealth's intention to proceed under this section shall be
19 provided after conviction and before sentencing. The
20 applicability of this section shall be determined at sentencing.
21 The sentencing court shall consider evidence presented at trial,
22 shall afford the Commonwealth and the defendant an opportunity
23 to present necessary additional evidence and shall determine, by
24 a preponderance of the evidence, if this section is applicable.
25 (c) Authority of court in sentencing.--There shall be no
26 authority for a court to impose on a defendant to whom this
27 section is applicable a lesser sentence than provided for in
28 subsection (a), to place the defendant on probation or to
29 suspend sentence. Nothing in this section shall prevent the
30 sentencing court from imposing a sentence greater than that
19990S0328B0335 - 2 -
1 provided in this section. Sentencing guidelines promulgated by
2 the Pennsylvania Commission on Sentencing shall not supersede
3 the mandatory sentences provided in this section. Probation or
4 disposition under section 17 or 18 of The Controlled Substance,
5 Drug, Device and Cosmetic Act shall not be available to a
6 defendant to whom this section applies.
7 (d) Appeal by Commonwealth.--If a sentencing court refuses
8 to apply this section where applicable, the Commonwealth shall
9 have the right to appellate review of the action of the
10 sentencing court. The appellate court shall vacate the sentence
11 and remand the case to the sentencing court for imposition of a
12 sentence in accordance with this section if it finds that the
13 sentence was imposed in violation of this section.
14 Section 2. This act shall apply to all offenses occurring on
15 or after the effective date of this act.
16 Section 3. This act shall take effect in 60 days.
A20L42JS/19990S0328B0335 - 3 -