PRINTER'S NO. 528
No. 504 Session of 1989
INTRODUCED BY HELFRICK, LOEPER, FISHER, SHUMAKER, PECORA,
HOPPER, SCANLON, SALVATORE, JONES, WILT, JUBELIRER,
PORTERFIELD AND BAKER, FEBRUARY 10, 1989
REFERRED TO JUDICIARY, FEBRUARY 10, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for sentences
3 for trafficking drugs near a school.
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 § 9720. Sentences for trafficking drugs within 1,000 feet of
9 school property.
10 (a) General rule.--A person over 18 years of age who is
11 convicted in any court of this Commonwealth of a violation of
12 section 13(a)(14), (30) or (36) of the act of April 14, 1972
13 (P.L.233, No.64), known as The Controlled Substance, Drug,
14 Device and Cosmetic Act, shall, if the delivery of or possession
15 with intent to deliver the controlled substance or designer drug
16 occurred within 1,000 feet of the real property on which is
17 located a public, private or parochial school or a college or
18 university, in addition to any other mandatory sentences and
1 penalties set forth in section 13 of The Controlled Substance,
2 Drug, Device and Cosmetic Act, be sentenced to an additional
3 minimum sentence of at least two years total confinement,
4 notwithstanding any other provision of this title or other
5 statute to the contrary.
6 (b) Proof at sentencing.--The provisions of this section
7 shall not be an element of the crime. Notice of the
8 applicability of this section to the defendant shall not be
9 required prior to conviction, but reasonable notice of the
10 Commonwealth's intention to proceed under this section shall be
11 provided after conviction and before sentencing. The
12 applicability of this section shall be determined at sentencing.
13 The court shall consider evidence presented at trial, shall
14 afford the Commonwealth and the defendant an opportunity to
15 present necessary additional evidence and shall determine, by a
16 preponderance of the evidence, if this section is applicable.
17 (c) Limitation.--The penalty provided in subsection (a)
18 shall be in addition to the sentences provided for the offense
19 in section 13 of The Controlled Substance, Drug Device, and
20 Cosmetic Act. There shall be no authority for a court to impose
21 on a defendant, to which this section applies, a lesser sentence
22 than provided for in subsection (a) or to place the defendant on
23 probation, parole, work release, prerelease, house arrest or to
24 suspend sentence. Nothing in this section shall prevent the
25 sentencing court from imposing a sentence greater than that
26 provided in this section. Sentencing guidelines promulgated by
27 the Pennsylvania Commission on Sentencing shall not supersede
28 the mandatory sentence provided in this section. Disposition
29 under section 17 or 18 of The Controlled Substance, Drug, Device
30 and Cosmetic Act shall not be available to a defendant to which
19890S0504B0528 - 2 -
1 this section applies.
2 (d) Appeal by Commonwealth.--If a sentencing court refuses
3 to apply this section where applicable, the Commonwealth shall
4 have the right to appellate review of the action of the
5 sentencing court. The appellate court shall vacate the sentence
6 and remove the case to the sentencing court for imposition of a
7 sentence in accordance with this section if it finds that the
8 sentence was imposed in violation of this section.
9 (e) Forfeiture.--Assets against which a forfeiture petition
10 has been filed and is pending or against which the Commonwealth
11 has indicated an intention to file a forfeiture petition shall
12 not be subject to a fine under this section.
13 Section 2. This act shall take effect in 60 days.
B1L42JS/19890S0504B0528 - 3 -