THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, ORIE, RAFFERTY, COSTA, BOSCOLA, ALLOWAY, BAKER, EICHELBERGER, ERICKSON, FONTANA, KASUNIC, KITCHEN, LOGAN, PIPPY, ROBBINS, TARTAGLIONE, TOMLINSON, WAUGH, D. WHITE, WILLIAMS, WOZNIAK, YAW AND O'PAKE, JANUARY 30, 2009

REFERRED TO JUDICIARY, JANUARY 30, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for the offense of operation

of methamphetamine laboratory.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 7508.2.  Operation of methamphetamine laboratory.

(a)  Offense defined.--A person commits the offense of

operating a methamphetamine laboratory if the person knowingly

causes a chemical reaction involving ephedrine, pseudoephedrine

or phenylpropanolamine or any of their salts, optical isomers or

salts of optical isomers for the purpose of manufacturing

methamphetamine or preparing a precursor substance for the

manufacture of methamphetamine.

(b)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under this subsection constitutes a felony of the second

degree.

(2)  A person who violates subsection (a) commits a

felony of the first degree if the chemical reaction occurs

within 1,000 feet of the real property on which is located a

public, private or parochial school, a college or university

or a nursery school or day care center, or within 250 feet of

the real property on which is located a recreation center or

playground.

(c)  Applicability.--This section does not apply to the

manufacturing operation of a licensed pharmaceutical company in

the normal course of business.

Section 2.  This act shall take effect in 60 days.