2010 Pennsylvania Code
Chapter 63 - Minors
6317 - Drug-free school zones.

     § 6317.  Drug-free school zones.
        (a)  General rule.--A person 18 years of age or older who is
     convicted in any court of this Commonwealth of a 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, shall, if the delivery or possession with intent
     to deliver of the controlled substance occurred within 1,000
     feet of the real property on which is located a public, private
     or parochial school or a college or university or within 250
     feet of the real property on which is located a recreation
     center or playground or on a school bus, be sentenced to a
     minimum sentence of at least two years of total confinement,
     notwithstanding any other provision of this title, The
     Controlled Substance, Drug, Device and Cosmetic Act or other
     statute to the contrary. The maximum term of imprisonment shall
     be four years for any offense:
            (1)  subject to this section; and
            (2)  for which The Controlled Substance, Drug, Device and
        Cosmetic Act provides for a maximum term of imprisonment of
        less than four years.
     If the sentencing court finds that the delivery or possession
     with intent to deliver was to an individual under 18 years of
     age, then this section shall not be applicable and the offense
     shall be subject to section 6314 (relating to sentencing and
     penalties for trafficking drugs to minors).
        (b)  Proof at sentencing.--The 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.
        (c)  Authority of court in sentencing.--There shall be no
     authority for a court to impose on a defendant to which this
     section is applicable a lesser sentence than provided for in
     subsection (a), to place the defendant on probation or to
     suspend sentence. Nothing in this section shall prevent the
     sentencing court from imposing a sentence greater than that
     provided in this section. Sentencing guidelines promulgated by
     the Pennsylvania Commission on Sentencing shall not supersede
     the mandatory sentences provided in this section. 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 applies.
        (d)  Appeal by Commonwealth.--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 if it finds that the
     sentence was imposed in violation of this section.
     (June 25, 1997, P.L.284, No.26, eff. 60 days)

        1997 Amendment.  Act 26 added section 6317. Section 5 of Act
     26 provided that the addition of section 6317 shall apply to all
     offenses occuring on or after the effective date of Act 26.

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