PENNSYLVANIA, October 2 - be sentenced to a minimum term of at least 10 years of total

confinement and a fine of $15,000, or a larger amount as is

determined to exhaust the assets utilized in and proceeds

from the illegal activity if:

(i) prior to the commission of the offense, the

person had two or more prior convictions for a violation

of section 13(a)(14) or (30) of the act of April 14, 1972

(P.L.233, No.64), known as the Controlled Substance,

Drug, Device and Cosmetic Act; or AND

(ii) the person received anything of MORE THAN DE

MINIMIS value, directly or indirectly, as consideration

for dispensing, delivering, giving, prescribing, selling

or distributing any controlled substance or counterfeit

controlled substance.

(2) [Paragraph] PARAGRAPHS (1) AND (1.1) shall not apply

to a person convicted under section 2502(c) (relating to

murder) when the victim is less than 13 years of age and the

conduct arises out of the same criminal act.

(3) PARAGRAPH (1.1) SHALL NOT APPLY IF:

(I) THE PERSON AND THE DECEDENT INTENDED TO USE THE

CONTROLLED SUBSTANCE OR COUNTERFEIT CONTROLLED SUBSTANCE

TOGETHER; OR

(II) THE PERSON USED THE CONTROLLED SUBSTANCE OR

COUNTERFEIT CONTROLLED SUBSTANCE WITH THE DECEDENT .

* * *

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

20230SB0235PN1130 - 2 -

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