SB 635 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, providing for sentencing for offenses committed near drug and alcohol recovery houses.

PRIOR PRINTER'S NO.NOS.

640640, 863 PRINTER'S NO.

8631007 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

635 2025 INTRODUCED BY LANGERHOLC, FARRY, BROOKS, CULVER, DUSH, MASTRIANO, YAW AND STEFANO, APRIL 14, 2025 SENATORAS BAKER,AMENDED JUDICIARY,ON ASTHIRD AMENDED,CONSIDERATION, JUNE 3,25, 2025 AN ACT AmeConsolidatedAmending Statutes,Title in42 other(Judiciary offenses,and furtherJudicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, providing <--for sentencing for drugoffenses traffickingcommitted sentencingnear drug and penalties.alcohol recovery houses.

AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE <-- PENNSYLVANIA CONSOLIDATED STATUTES, IN SENTENCING, PROVIDING FOR SENTENCING FOR OFFENSES COMMITTED NEAR DRUG AND ALCOHOL RECOVERY HOUSES.

Section 7508 of Title 1842 of the Pennsylvania <-- Consolidated Statutes is amended by adding a subsectionsection to read:

§ 7508.9720.9.

DrugSentencing traffickingfor sentencingoffenses committed near drug and penalties.alcohol recovery houses.

*(a) * * (g) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with 42section Pa.C.S.2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense committed under section 13(a)(12), (14) 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, where the offense was committed within 1,000 feet of the real property on which a drug and alcohol recovery house is located.

§(b) 2154Definition.--As (relatingused to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for courts to consider in casesthis involvingsection, athe personterm violating"drug section 13(a)(12), (14) or (30) of The Controlled Substance, Drug, Device and Cosmeticalcohol Actrecovery wherehouse" means the controlledsame substanceas ordefined a mixture containing it is classified in Schedule I, II, III or IV under section 42311-A of thatthe act ifof theApril person9, manufactures,1929 delivers(P.L.177, orNo.175), possessesknown withas theThe intentAdministrative toCode manufacture or deliver the controlled substance within 1,000 feet of the1929. 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.

SECTION20250SB0635PN1007 1.- 2 -

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 -