PENNSYLVANIA, January 22 - (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 Controlled Substance,

Drug, Device and Cosmetic Act; 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 the controlled substance or counterfeit

controlled substance.

(2) Paragraph (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:

(i) to a person convicted under section 2502(c) when

the victim is less than 13 years of age and the conduct

arises out of the same criminal act;

(ii) if the person and the decedent intended to use

the controlled substance or counterfeit controlled

substance together; or

(iii) if the person used the controlled substance or

counterfeit controlled substance with the decedent .

* * *

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

20250SB0092PN0047 - 2 -

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