SB 92 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in criminal homicide, further providing for the offense of drug delivery resulting in death; and imposing a penalty.

PRINTER'S NO.   47

                        THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           SENATE BILL
                           No. 92
                                                   Session of
                                                     2025

     INTRODUCED BY MASTRIANO AND BROOKS, JANUARY 22, 2025

     REFERRED TO JUDICIARY, JANUARY 22, 2025


                                        AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in criminal homicide, further
 3      providing for the offense of drug delivery resulting in
 4      death; and imposing a penalty.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.       Section 2506(b) of Title 18 of the Pennsylvania
 8   Consolidated Statutes is amended to read:
 9   § 2506.    Drug delivery resulting in death.
10      * * *
11      (b)    Penalty.--
12             (1)     A person convicted under subsection (a) shall be
13      sentenced to a term of imprisonment which shall be fixed by
14      the court at not more than 40 years.
15             (1.1)    A person convicted under subsection (a) shall be
16      sentenced to a minimum term of at least 10 years of total
17      confinement and a fine of either $15,000 or a greater amount
18      that equals the value of the assets utilized in and proceeds
19      from the illegal activity if:
 1              (i)    prior to the commission of the offense, the
 2        person had two or more prior convictions for a violation
 3        of section 13(a)(14) or (30) of the Controlled Substance,
 4        Drug, Device and Cosmetic Act; and
 5              (ii)    the person received anything of more than de
 6        minimis value, directly or indirectly, as consideration
 7        for dispensing, delivering, giving, prescribing, selling
 8        or distributing the controlled substance or counterfeit
 9        controlled substance.
10        (2)   Paragraph (1) shall not apply to a person convicted
11    under section 2502(c) (relating to murder) when the victim is
12    less than 13 years of age and the conduct arises out of the
13    same criminal act.
14        (3)   Paragraph (1.1) shall not apply:
15              (i)    to a person convicted under section 2502(c) when
16        the victim is less than 13 years of age and the conduct
17        arises out of the same criminal act;
18              (ii)    if the person and the decedent intended to use
19        the controlled substance or counterfeit controlled
20        substance together; or
21              (iii)    if the person used the controlled substance or
22        counterfeit controlled substance with the decedent.
23    * * *
24    Section 2.      This act shall take effect in 60 days.




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