HB 57 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in other offenses, further providing for drug trafficking sentencing and penalties.

Bill Text

• Printer's No. PN0047 View text Current pdf

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The bill modifies the mandatory minimum sentencing and appellate review processes for drug trafficking offenses involving fentanyl in Pennsylvania.

• 18 Pa.C.S. § 7508

  Proof of sentencing.--Provisions of this section shall not be an element of the crime. Notice of the applicability of this section to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable. → Application of mandatory minimum penalty.--With the exception of prior convictions, any provision of this section that requires imposition of a mandatory minimum sentence shall constitute an element enhancing the underlying offense. Any enhancing element must be proven beyond a reasonable doubt at trial on the underlying offense and must be submitted to the finder of fact for deliberation together with the underlying offense. If the finder of fact finds the defendant guilty of the underlying offense, the finder of fact shall then also decide whether any enhancing element has been proven.

  This change establishes that mandatory minimum sentences are elements of the offense that must be proven beyond a reasonable doubt.

• 18 Pa.C.S. § 7508

  Appellate review.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section. → Appeal by Commonwealth.--If the finder of fact has found any enhancing element and a sentencing court imposes a sentence below the mandatory minimum sentence, the Commonwealth shall have the right to appellate review of the sentence. If the appellate court finds that the mandatory sentencing provision was applicable, the court shall vacate the sentence and remand the case for resentencing in accordance with that provision.

  This modification allows the Commonwealth to appeal if a court imposes a sentence below the mandatory minimum after finding enhancing elements.

Action History

1. January 14, 2025

   Referred to Judiciary

Sponsors

• Marla Brown · Primary
• Brian Smith · Cosponsor
• Joanne Stehr · Cosponsor
• Andrew Kuzma · Cosponsor
• David H. Zimmerman · Cosponsor
• Mark M. Gillen · Cosponsor

Subjects