HB 326 — An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in criminal homicide, repealing provisions relating to the offense of drug delivery resulting in death; in assault, providing for the offense of drug delivery resulting in death or serious bodily injury; in arson, criminal mischief and other property destruction, further providing for additional fine for arson committed for profit; in wiretapping and electronic surveillance, further providing for definitions; in limitation of time, further providing for no limitation applicable and for other offenses; and, in sentencing, further providing for sentences for second and subsequent offenses.

PRINTER'S NO.   246

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 326
                                                Session of
                                                  2025

     INTRODUCED BY OWLETT, PICKETT, SMITH, STEHR, KUZMA, ZIMMERMAN
        AND ANDERSON, JANUARY 23, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2025


                                     AN ACT
 1   Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, in criminal homicide, repealing provisions relating
 4      to the offense of drug delivery resulting in death; in
 5      assault, providing for the offense of drug delivery resulting
 6      in death or serious bodily injury; in arson, criminal
 7      mischief and other property destruction, further providing
 8      for additional fine for arson committed for profit; in
 9      wiretapping and electronic surveillance, further providing
10      for definitions; in limitation of time, further providing for
11      no limitation applicable and for other offenses; and, in
12      sentencing, further providing for sentences for second and
13      subsequent offenses.
14      This act shall be known and may be cited as Isaiah's Law.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17      Section 1.    Section 2506 of Title 18 of the Pennsylvania
18   Consolidated Statutes is repealed:
19   [§ 2506.    Drug delivery resulting in death.
20      (a)     Offense defined.--A person commits a felony of the first
21   degree if the person intentionally administers, dispenses,
22   delivers, gives, prescribes, sells or distributes any controlled
23   substance or counterfeit controlled substance in violation of
 1   section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
 2   No.64), known as The Controlled Substance, Drug, Device and
 3   Cosmetic Act, and another person dies as a result of using the
 4   substance.
 5      (b)    Penalty.--
 6             (1)   A person convicted under subsection (a) shall be
 7      sentenced to a term of imprisonment which shall be fixed by
 8      the court at not more than 40 years.
 9             (2)   Paragraph (1) shall not apply to a person convicted
10      under section 2502(c) (relating to murder) when the victim is
11      less than 13 years of age and the conduct arises out of the
12      same criminal act.
13      (f)    Forfeiture.--Assets against which a forfeiture petition
14   has been filed and is pending or against which the Commonwealth
15   has indicated an intention to file a forfeiture petition shall
16   not be subject to a fine. Nothing in this section shall prevent
17   a fine from being imposed on assets which have been subject to
18   an unsuccessful forfeiture petition.]
19      Section 2.      Title 18 is amended by adding a section to read:
20   § 2720.    Drug delivery resulting in death or serious bodily
21                   injury.
22      (a)    Offense defined.--A person commits an offense if the
23   person unlawfully and intentionally administers, dispenses,
24   delivers, gives, prescribes, sells or distributes a controlled
25   substance or counterfeit controlled substance and another person
26   dies or suffers serious bodily injury as a result of using the
27   substance, alone or in combination with any other substance.
28      (b)    Penalty.--
29             (1)   Except as provided under paragraph (2), the
30      following apply:

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 1                   (i)    If the offense resulted in the death of the
 2             victim, the offense constitutes a felony of the first
 3             degree and the person shall be sentenced to a term of
 4             imprisonment which shall be fixed by the court at not
 5             more than 40 years.
 6                   (ii)    If the offense resulted in serious bodily
 7             injury to the victim, the offense constitutes a felony of
 8             the third degree.
 9             (2)   Paragraph (1)(i) shall not apply to a person
10      convicted under section 2502(c) (relating to murder) when the
11      victim is less than 13 years of age and the conduct arises
12      out of the same criminal act.
13      (c)    Affirmative defense.--It shall be an affirmative defense
14   under this section that the person was not given or did not
15   receive any service or anything of value in exchange for the
16   delivery of the substance.
17      (d)    Forfeiture.--Assets against which a forfeiture petition
18   has been filed and is pending or against which the Commonwealth
19   has indicated an intention to file a forfeiture petition shall
20   not be subject to a fine. Nothing in this section shall prevent
21   a fine from being imposed on assets which have been subject to
22   an unsuccessful forfeiture petition.
23      (e)    Definition.--As used in this section, the term
24   "unlawfully" means conduct which constitutes a violation of
25   section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
26   No.64), known as The Controlled Substance, Drug, Device and
27   Cosmetic Act, but without regard for whether the conduct took
28   place in this Commonwealth.
29      Section 3.         Section 3308(a) of Title 18 is amended to read:
30   § 3308.    Additional fine for arson committed for profit.

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 1      (a)    General rule.--Any person convicted under section [2506
 2   (relating to arson murder) or] 3301 (relating to arson and
 3   related offenses) where any consideration was paid or payable,
 4   in addition to any sentence of imprisonment, shall be fined an
 5   amount double the amount of the consideration or the maximum
 6   lawful fine as provided in section 1101 (relating to fines),
 7   whichever is greater.
 8      * * *
 9      Section 4.         The definition of "crime of violence" in section
10   5702 of Title 18 is amended to read:
11   § 5702.    Definitions.
12      As used in this chapter, the following words and phrases
13   shall have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      * * *
16      "Crime of violence."        Any of the following:
17             (1)   Any of the following crimes:
18                   (i)    Murder in any degree as defined in section
19             2502(a), (b) or (c) (relating to murder).
20                   (ii)    Voluntary manslaughter as defined in section
21             2503 (relating to voluntary manslaughter), drug delivery
22             resulting in death or serious bodily injury as defined in
23             section [2506(a) relating] 2720 (relating to drug
24             delivery resulting in death or serious bodily injury),
25             aggravated assault as defined in section 2702(a)(1) or
26             (2) (relating to aggravated assault), 2718 (relating to
27             strangulation), kidnapping as defined in section 2901(a)
28             or (a.1) (relating to kidnapping), rape as defined in
29             section 3121(a), (c) or (d) (relating to rape),
30             involuntary deviate sexual intercourse as defined in

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 1        section 3123(a), (b) or (c) (relating to involuntary
 2        deviate sexual intercourse), sexual assault as defined in
 3        section 3124.1 (relating to sexual assault), aggravated
 4        indecent assault as defined in section 3125(a) or (b)
 5        (relating to aggravated indecent assault), incest as
 6        defined in section 4302(a) or (b) (relating to incest),
 7        arson as defined in section 3301(a) (relating to arson
 8        and related offenses), burglary as defined in section
 9        3502(a)(1) (relating to burglary), robbery as defined in
10        section 3701(a)(1)(i), (ii) or (iii) (relating to
11        robbery) or robbery of a motor vehicle as defined in
12        section 3702(a) (relating to robbery of motor vehicle).
13              (iii)    Intimidation of witness or victim as defined
14        in section 4952(a) and (b) (relating to intimidation of
15        witnesses or victims).
16              (iv)    Retaliation against witness, victim or party as
17        defined in section 4953(a) and (b) (relating to
18        retaliation against witness, victim or party).
19              (v)    Criminal attempt as defined in section 901(a)
20        (relating to criminal attempt), criminal solicitation as
21        defined in section 902(a) (relating to criminal
22        solicitation) or criminal conspiracy as defined in
23        section 903(a) (relating to criminal conspiracy) to
24        commit any of the offenses specified in this definition.
25        (2)   Any offense equivalent to an offense under paragraph
26    (1) under the laws of this Commonwealth in effect at the time
27    of the commission of that offense or under the laws of
28    another jurisdiction.
29    * * *
30    Section 5.      Section 5551 of Title 42 is amended by adding a

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 1   paragraph to read:
 2   § 5551.    No limitation applicable.
 3      A prosecution for the following offenses may be commenced at
 4   any time:
 5             * * *
 6             (8)   A violation of 18 Pa.C.S. § 2720 (relating to drug
 7      delivery resulting in death or serious bodily injury) if the
 8      offense resulted in the death of the victim.
 9      Section 6.       Sections 5552(b) and 9714(g) of Title 42 are
10   amended to read:
11   § 5552.    Other offenses.
12      * * *
13      (b)    Major offenses.--A prosecution for any of the following
14   offenses must be commenced within five years after it is
15   committed:
16             (1)   Under the following provisions of Title 18 (relating
17      to crimes and offenses):
18                   Section 901 (relating to criminal attempt) involving
19             attempt to commit murder where no murder occurs.
20                   Section 902 (relating to criminal solicitation)
21             involving solicitation to commit murder where no murder
22             occurs.
23                   Section 903 (relating to criminal conspiracy)
24             involving conspiracy to commit murder where no murder
25             occurs.
26                   Section 911 (relating to corrupt organizations).
27                   Section 2702 (relating to aggravated assault).
28                   Section 2706 (relating to terroristic threats).
29                   Section 2713 (relating to neglect of care-dependent
30             person).

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 1             Section 2720 (relating to drug delivery resulting in
 2        death or serious bodily injury) if the offense resulted
 3        in serious bodily injury to the victim.
 4             Section 2901 (relating to kidnapping).
 5             Section 3301 (relating to arson and related
 6        offenses).
 7             Section 3502 (relating to burglary).
 8             Section 3701 (relating to robbery).
 9             Section 3921 (relating to theft by unlawful taking or
10        disposition) through former section 3933 (relating to
11        unlawful use of computer).
12             Section 4101 (relating to forgery).
13             Section 4107 (relating to deceptive or fraudulent
14        business practices).
15             Section 4108 (relating to commercial bribery and
16        breach of duty to act disinterestedly).
17             Section 4109 (relating to rigging publicly exhibited
18        contest).
19             Section 4117 (relating to insurance fraud).
20             Section 4701 (relating to bribery in official and
21        political matters) through section 4703 (relating to
22        retaliation for past official action).
23             Section 4902 (relating to perjury) through section
24        4912 (relating to impersonating a public servant).
25             Section 4952 (relating to intimidation of witnesses
26        or victims).
27             Section 4953 (relating to retaliation against
28        witness, victim or party).
29             Section 5101 (relating to obstructing administration
30        of law or other governmental function).

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 1                   Section 5111 (relating to dealing in proceeds of
 2             unlawful activities).
 3                   Section 5512 (relating to lotteries, etc.) through
 4             section 5514 (relating to pool selling and bookmaking).
 5                   Section 5902(b) (relating to prostitution and related
 6             offenses).
 7                   Section 6111(g)(2) and (4) (relating to sale or
 8             transfer of firearms).
 9             (2)   Any offense punishable under section 13(f) of the
10      act of April 14, 1972 (P.L.233, No.64), known as The
11      Controlled Substance, Drug, Device and Cosmetic Act.
12             (3)   Any conspiracy to commit any of the offenses set
13      forth in paragraphs (1) and (2) and any solicitation to
14      commit any of the offenses in paragraphs (1) and (2) if the
15      solicitation results in the completed offense.
16             (4)   Under the act of June 13, 1967 (P.L.31, No.21),
17      known as the [Public Welfare] Human Services Code.
18             (5)   Under the former act of November 24, 1998 (P.L.874,
19      No.110), known as the Motor Vehicle Chop Shop and Illegally
20      Obtained and Altered Property Act.
21      * * *
22   § 9714.    Sentences for second and subsequent offenses.
23      * * *
24      (g)    Definition.--As used in this section, the term "crime of
25   violence" means murder of the third degree, voluntary
26   manslaughter, manslaughter of a law enforcement officer as
27   defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
28   homicide of law enforcement officer), murder of the third degree
29   involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
30   (relating to murder of unborn child), aggravated assault of an

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 1   unborn child as defined in 18 Pa.C.S. § 2606 (relating to
 2   aggravated assault of unborn child), aggravated assault as
 3   defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
 4   aggravated assault), assault of law enforcement officer as
 5   defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law
 6   enforcement officer), use of weapons of mass destruction as
 7   defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
 8   destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
 9   (relating to terrorism), strangulation when the offense is
10   graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to
11   strangulation), trafficking of persons when the offense is
12   graded as a felony of the first degree as provided in 18 Pa.C.S.
13   § 3011 (relating to trafficking in individuals), rape,
14   involuntary deviate sexual intercourse, aggravated indecent
15   assault, incest, sexual assault, arson endangering persons or
16   aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
17   (relating to arson and related offenses), ecoterrorism as
18   classified in 18 Pa.C.S. § 3311(b)(3) (relating to
19   ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
20   3502(a)(1) (relating to burglary), robbery as defined in 18
21   Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
22   robbery of a motor vehicle, drug delivery resulting in death or
23   serious bodily injury as defined in 18 Pa.C.S. § [2506(a)] 2720
24   (relating to drug delivery resulting in death or serious bodily
25   injury), or criminal attempt, criminal conspiracy or criminal
26   solicitation to commit murder or any of the offenses listed
27   above, or an equivalent crime under the laws of this
28   Commonwealth in effect at the time of the commission of that
29   offense or an equivalent crime in another jurisdiction.
30      Section 7.   This act shall take effect in 60 days.

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