2010 Pennsylvania Code
Chapter 25 - Criminal Homicide
2506 - Drug delivery resulting in death.

     § 2506.  Drug delivery resulting in death.
        (a)  General rule.--A person commits murder of the third
     degree who administers, dispenses, delivers, gives, prescribes,
     sells or distributes any controlled substance or counterfeit
     controlled substance in violation of section 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, and another
     person dies as a result of using the substance.
        (b)  Mandatory minimum sentence.--A person convicted under
     subsection (a) shall be sentenced to a minimum sentence of at
     least five years of total confinement and a fine of $15,000, or
     such larger amount as is sufficient to exhaust the assets
     utilized in and the proceeds from the illegal activity,
     notwithstanding any other provision of this title or other
     statute to the contrary.
        (c)  Proof of sentencing.--(Deleted by amendment).
        (d)  Authority of court in sentencing.--There shall be no
     authority in any court to impose on an offender to which this
     section is applicable a lesser sentence than provided for herein
     or to place the offender on probation, parole, work release or
     prerelease or to suspend sentence. Nothing in this section shall
     prevent the sentencing court from imposing a sentence greater
     than provided herein. Sentencing guidelines promulgated by the
     Pennsylvania Commission on Sentencing shall not supersede the
     mandatory sentences provided herein. Disposition under section
     17 or 18 of The Controlled Substance, Drug, Device and Cosmetic
     Act shall not be available to a defendant to which this section
        (e)  Appeal by Commonwealth.--If a sentencing court refuses
     to apply subsection (b) 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 subsection (b) if it finds that the
     sentence was imposed in violation of subsection (b).
        (f)  Forfeiture.--Assets against which a forfeiture petition
     has been filed and is pending or against which the Commonwealth
     has indicated an intention to file a forfeiture petition shall
     not be subject to a fine. Nothing in this section shall prevent
     a fine from being imposed on assets which have been subject to
     an unsuccessful forfeiture petition.
     (Dec. 22, 1989, P.L.773, No.109, eff. imd.; Feb. 18, 1998,
     P.L.102, No.19, eff. 60 days)

        Cross References.  Section 2506 is referred to in section
     3308 of this title; section 3903 of Title 61 (Prisons and

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