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Senate Bill 635 Printer's Number 863

PENNSYLVANIA, June 3 - Schedule I, II, III or IV under section 4 of that act if the

person manufactures, delivers or possesses with the intent to

manufacture or deliver the controlled substance within 1,000

feet of the real property on which a drug and alcohol recovery

house is located. As used in this subsection, the term "drug and

alcohol recovery house" shall be as defined in section 2311-A of

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

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

SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A SECTION TO READ:

§ 9720.9. SENTENCING FOR OFFENSES COMMITTED NEAR DRUG AND

ALCOHOL RECOVERY HOUSES.

(A) SENTENCING ENHANCEMENT.--THE PENNSYLVANIA COMMISSION ON

SENTENCING, IN ACCORDANCE WITH SECTION 2154 (RELATING TO

ADOPTION OF GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR A

SENTENCING ENHANCEMENT FOR AN OFFENSE COMMITTED UNDER SECTION

13(A)(12), (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, WHERE THE OFFENSE WAS COMMITTED WITHIN 1,000 FEET

OF THE REAL PROPERTY ON WHICH A DRUG AND ALCOHOL RECOVERY HOUSE

IS LOCATED.

(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "DRUG AND

ALCOHOL RECOVERY HOUSE" MEANS THE SAME AS DEFINED UNDER SECTION

2311-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS

THE ADMINISTRATIVE CODE OF 1929.

SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

20250SB0635PN0863 - 2 -

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