HB 57 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in other offenses, further providing for drug trafficking sentencing and penalties.

PRINTER'S NO.   47

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 57
                                                 Session of
                                                   2025

     INTRODUCED BY M. BROWN, SMITH, STEHR, KUZMA AND ZIMMERMAN,
        JANUARY 14, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in other offenses, further providing
 3      for drug trafficking sentencing and penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Section 7508(b) and (d) of Title 18 of the
 7   Pennsylvania Consolidated Statutes are amended and subsection
 8   (a) is amended by adding a paragraph to read:
 9   § 7508.    Drug trafficking sentencing and penalties.
10      (a)    General rule.--Notwithstanding any other provisions of
11   this or any other act to the contrary, the following provisions
12   shall apply:
13             * * *
14             (9)   A person who is convicted of violating section 13(a)
15      (14), (30) or (37) of The Controlled Substance, Drug, Device
16      and Cosmetic Act where the controlled substance or a mixture
17      containing the controlled substance is fentanyl or a fentanyl
18      derivative, compound or analogue as set forth in section 4(1)
 1    (ii)(23) or (2)(ii)(6) of The Controlled Substance, Drug,
 2    Device and Cosmetic Act shall, upon conviction, be sentenced
 3    to a mandatory minimum term of imprisonment and a fine as set
 4    forth in this paragraph:
 5             (i)     when the aggregate weight of the compound or
 6        mixture containing the fentanyl or fentanyl derivative,
 7        compound or analogue involved is less than 1.0 gram; two
 8        years in prison and a fine of $5,000 or such larger
 9        amount as is sufficient to exhaust the assets utilized in
10        and the proceeds from the illegal activity; however, if
11        at the time of sentencing the defendant has been
12        convicted of another drug trafficking offense: 36 months
13        in prison and a fine of $10,000 or such larger amount as
14        is sufficient to exhaust the assets utilized in and the
15        proceeds from the illegal activity;
16             (ii)     when the aggregate weight of the compound or
17        mixture containing the fentanyl or fentanyl derivative,
18        compound or analogue involved is at least 1.0 gram but
19        less than ten grams; three years in prison and a fine of
20        $15,000 or such larger amount as is sufficient to exhaust
21        the assets utilized in and the proceeds from the illegal
22        activity; however, if at the time of sentencing the
23        defendant has been convicted of another drug trafficking
24        offense: 48 months in prison and a fine of $30,000 or
25        such larger amount as is sufficient to exhaust the assets
26        utilized in and the proceeds from the illegal activity;
27             (iii)     when the aggregate weight of the compound or
28        mixture containing the fentanyl or fentanyl derivative,
29        compound or analogue involved is at least ten grams but
30        less than 50 grams; 54 months in prison and a fine of

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 1        $25,000 or such larger amount as is sufficient to exhaust
 2        the 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: 66 months in prison and a fine of $50,000 or
 6        such larger amount as is sufficient to exhaust the assets
 7        utilized in and the proceeds from the illegal activity;
 8             (iv)    when the aggregate weight of the compound or
 9        mixture containing the fentanyl or fentanyl derivative,
10        compound or analogue involved is at least 50 grams but
11        less than 100 grams; 78 months in prison and a fine of
12        $25,000 or such larger amount as is sufficient to exhaust
13        the assets utilized in and the proceeds from the illegal
14        activity; however, if at the time of sentencing the
15        defendant has been convicted of another drug trafficking
16        offense: 90 months in prison and a fine of $50,000 or
17        such larger amount as is sufficient to exhaust the assets
18        utilized in and the proceeds from the illegal activity;
19        or
20             (v)    when the aggregate weight of the compound or
21        mixture containing the fentanyl or fentanyl derivative,
22        compound or analogue involved is at least 100 grams; 96
23        months in prison and a fine of $25,000 or such larger
24        amount as is sufficient to exhaust the assets utilized in
25        and the proceeds from the illegal activity; however, if
26        at the time of sentencing the defendant has been
27        convicted of another drug trafficking offense: 108 months
28        in prison and a fine of $50,000 or such larger amount as
29        is sufficient to exhaust the assets utilized in and the
30        proceeds from the illegal activity.

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 1      * * *
 2      (b)   [Proof of sentencing.--Provisions of this section shall
 3   not be an element of the crime. Notice of the applicability of
 4   this section to the defendant shall not be required prior to
 5   conviction, but reasonable notice of the Commonwealth's
 6   intention to proceed under this section shall be provided after
 7   conviction and before sentencing. The applicability of this
 8   section shall be determined at sentencing. The court shall
 9   consider evidence presented at trial, shall afford the
10   Commonwealth and the defendant an opportunity to present
11   necessary additional evidence and shall determine, by a
12   preponderance of the evidence, if this section is applicable.]
13   Application of mandatory minimum penalty.--With the exception of
14   prior convictions, any provision of this section that requires
15   imposition of a mandatory minimum sentence shall constitute an
16   element enhancing the underlying offense. Any enhancing element
17   must be proven beyond a reasonable doubt at trial on the
18   underlying offense and must be submitted to the finder of fact
19   for deliberation together with the underlying offense. If the
20   finder of fact finds the defendant guilty of the underlying
21   offense, the finder of fact shall then also decide whether any
22   enhancing element has been proven.
23      * * *
24      (d)   [Appellate review.--If a sentencing court refuses to
25   apply this section where applicable, the Commonwealth shall have
26   the right to appellate review of the action of the sentencing
27   court. The appellate court shall vacate the sentence and remand
28   the case to the sentencing court for imposition of a sentence in
29   accordance with this section if it finds that the sentence was
30   imposed in violation of this section.] Appeal by Commonwealth.--

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1   If the finder of fact has found any enhancing element and a
2   sentencing court imposes a sentence below the mandatory minimum
3   sentence, the Commonwealth shall have the right to appellate
4   review of the sentence. If the appellate court finds that the
5   mandatory sentencing provision was applicable, the court shall
6   vacate the sentence and remand the case for resentencing in
7   accordance with that provision.
8      * * *
9      Section 2.   This act shall take effect in 60 days.




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