PRIOR PRINTER'S NO. 47 PRINTER'S NO. 472 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.92 Session of 2025 INTRODUCED BY MASTRIANO, BROOKS, LANGERHOLC, VOGEL, DUSH AND PENNYCUICK, JANUARY 22, 2025 SENATOR BAKER, JUDICIARY, AS AMENDED, MARCH 25, 2025 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. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 2506(b) of Title 18 of the Pennsylvania Consolidated Statutes is amended to read: ยง 2506. Drug delivery resulting in death. * * * (b) Penalty.-- (1) A person convicted under subsection (a) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years. (1.1) A person convicted under subsection (a) shall be sentenced to a minimum term of at least 10 years of total confinement and a fine of either $15,000 or a greater amount that equals the value of the assets utilized in and proceeds from the illegal activity if: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (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) (I) if the person and the decedent intended to use the controlled substance or counterfeit controlled substance together; or (iii) (II) if the person used the controlled substance or counterfeit controlled substance with the decedent . * * * Section 2. This act shall take effect in 60 days. 20250SB0092PN0472 - 2 - <-- <-- <-- <-- <-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25