HB 731 — An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for probation without verdict.

PRINTER'S NO.    755

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 731
                                               Session of
                                                 2025

     INTRODUCED BY HILL-EVANS, GIRAL, WAXMAN, SMITH-WADE-EL, MADDEN,
        SANCHEZ AND RABB, FEBRUARY 25, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 2025


                                    AN ACT
 1   Amending the act of April 14, 1972 (P.L.233, No.64), entitled
 2      "An act relating to the manufacture, sale and possession of
 3      controlled substances, other drugs, devices and cosmetics;
 4      conferring powers on the courts and the secretary and
 5      Department of Health, and a newly created Pennsylvania Drug,
 6      Device and Cosmetic Board; establishing schedules of
 7      controlled substances; providing penalties; requiring
 8      registration of persons engaged in the drug trade and for the
 9      revocation or suspension of certain licenses and
10      registrations; and repealing an act," further providing for
11      probation without verdict.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 17 of the act of April 14, 1972 (P.L.233,
15   No.64), known as The Controlled Substance, Drug, Device and
16   Cosmetic Act, is amended by adding a clause to read:
17      Section 17.    Probation Without Verdict.--Except as provided
18   in clause (1) of this subsection, the court may place a person
19   on probation without verdict if the person pleads nolo
20   contendere or guilty to any nonviolent offense under this act
21   and the person proves he is drug dependent. For the purposes of
22   proving drug dependency, the person must present the testimony
 1   of a physician or psychologist trained in the field of drug
 2   abuse. The term of probation shall be for a specific time period
 3   not to exceed the maximum for the offense upon such reasonable
 4   terms and conditions as the court may require. The following
 5   shall apply:
 6      * * *
 7      (4)   Upon being granted probation without verdict, the sum
 8   total of fines and court costs that the offender is required to
 9   pay as a condition of the probation without verdict shall not
10   exceed three hundred dollars ($300).
11      Section 2.   This act shall take effect in 60 days.




20250HB0731PN0755                  - 2 -