Pennsylvania Act 2004-109 — CRIMES CODE (18 PA.C.S.) - RESTITUTION FOR CLEANUP OF CLANDESTINE LABORATORIES

Act text

CRIMES CODE (18 PA.C.S.) - RESTITUTION FOR CLEANUP OF CLANDESTINE
                               LABORATORIES
                 Act of Nov. 19, 2004, P.L. 848, No. 109              Cl. 18
                             Session of 2004
                               No. 2004-109

     HB 2739

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, providing for restitution for cleanup
        of clandestine laboratories.

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

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 1110.  Restitution for cleanup of clandestine laboratories.
        (a)  General rule.--When any person is convicted of an
     offense under The Controlled Substance, Drug, Device and
     Cosmetic Act involving the manufacture of a controlled
     substance, the court shall order the person to make restitution
     for the costs incurred in the cleanup, including labor costs,
     equipment and supplies, of any clandestine laboratory used by
     the person to manufacture the controlled substance.
        (b)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Clandestine laboratory."  A location or site, including
     buildings or vehicles, in which glassware, heating devices,
     precursors or related reagents or solvents which are intended to
     be used or are used to unlawfully manufacture a controlled
     substance are located.
        "Cleanup."  Actions necessary to contain, collect, control,
     identify, analyze, disassemble, treat, remove or otherwise
     disperse all substances and materials in a clandestine
     laboratory, including those found to be hazardous waste and any
     contamination caused by those substances or materials.
        "The Controlled Substance, Drug, Device and Cosmetic Act."
     The act of April 14, 1972 (P.L.233, No.64), known as The
     Controlled Substance, Drug, Device and Cosmetic Act.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 19th day of November, A. D. 2004.

     EDWARD G. RENDELL