Pennsylvania Act 1995-18 (session 1) — CRIMES CODE (18 PA.C.S.) - AMEND CONTRABAND AND CONTROLLED SUBSTANCE

Act text

CRIMES CODE (18 PA.C.S.) - AMEND CONTRABAND AND CONTROLLED SUBSTANCE
        Act of Jul. 6, 1995, Special Session 1, P.L. 1049, No. 18     Cl. 18
                      Special Session No. 1 of 1995
                               No. 1995-18

     HB 24

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, providing for a mandatory minimum
        penalty for delivery of contraband to certain confined
        persons; and prohibiting possession of a controlled substance
        by an inmate.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5123 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended by adding subsections to read:
      § 5123.  Contraband.
        * * *
        (a.1)  Mandatory minimum penalty.--Any person convicted of a
     violation of subsection (a) shall be sentenced to a minimum
     sentence of at least two years of total confinement,
     notwithstanding any other provision of this title or any other
     statute to the contrary. Nothing in this subsection shall
     prevent the sentencing court from imposing a sentence greater
     than that provided in this subsection, up to the maximum penalty
     prescribed by this title for a felony of the second degree.
     There shall be no authority in any court to impose on an
     offender to which this subsection is applicable any lesser
     sentence than provided for in subsection (a) or to place such
     offender on probation or to suspend sentence. Sentencing
     guidelines promulgated by the Pennsylvania Commission on
     Sentencing shall not supersede the mandatory sentences provided
     in this subsection. If a sentencing court refuses to apply this
     subsection 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 subsection if it finds that the sentence
     was imposed in violation of this subsection.
        (a.2)  Possession of controlled substance contraband by
     inmate prohibited.--A prisoner or inmate commits a misdemeanor
     of the first degree if he unlawfully has in his possession or
     under his control any controlled substance in violation of
     section 13(a)(16) of The Controlled Substance, Drug, Device and
     Cosmetic Act. For purposes of this subsection, no amount shall
     be deemed de minimis.
        * * *
        (d)  Drug-sniffing animals.--Any jail or prison may use dogs
     or other animals trained to sniff controlled substances or other
     contraband for such purposes in or on any part of the jail or
     prison at any time.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 6th day of July, A. D. 1995.

     THOMAS J. RIDGE