Pennsylvania HB 326: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for definitions, for persons not to possess, use, manufacture, control, sell or transfer firearms, for sale or transfer of firearms and for Pennsylvania State Police.

Bill Text

PRINTER'S NO. 246
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 326
Session of
2025
INTRODUCED BY OWLETT, PICKETT, SMITH, STEHR, KUZMA, ZIMMERMAN
AND ANDERSON, JANUARY 23, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in criminal homicide, repealing provisions relating
to the offense of drug delivery resulting in death; in
assault, providing for the offense of drug delivery resulting
in death or serious bodily injury; in arson, criminal
mischief and other property destruction, further providing
for additional fine for arson committed for profit; in
wiretapping and electronic surveillance, further providing
for definitions; in limitation of time, further providing for
no limitation applicable and for other offenses; and, in
sentencing, further providing for sentences for second and
subsequent offenses.
This act shall be known and may be cited as Isaiah's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2506 of Title 18 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 2506. Drug delivery resulting in death.
(a) Offense defined.--A person commits a felony of the first
degree if the person intentionally administers, dispenses,
delivers, gives, prescribes, sells or distributes any controlled
substance or counterfeit controlled substance in violation of
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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) Penalty.--
(1) A person convicted under subsection (a) shall be
sentenced to a term of imprisonment which shall be fixed by
the court at not more than 40 years.
(2) Paragraph (1) shall not apply to a person convicted
under section 2502(c) (relating to murder) when the victim is
less than 13 years of age and the conduct arises out of the
same criminal act.
(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.]
Section 2. Title 18 is amended by adding a section to read:
§ 2720. Drug delivery resulting in death or serious bodily
injury.
(a) Offense defined.--A person commits an offense if the
person unlawfully and intentionally administers, dispenses,
delivers, gives, prescribes, sells or distributes a controlled
substance or counterfeit controlled substance and another person
dies or suffers serious bodily injury as a result of using the
substance, alone or in combination with any other substance.
(b) Penalty.--
(1) Except as provided under paragraph (2), the
following apply:
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(i) If the offense resulted in the death of the
victim, the offense constitutes a felony of the first
degree and the person shall be sentenced to a term of
imprisonment which shall be fixed by the court at not
more than 40 years.
(ii) If the offense resulted in serious bodily
injury to the victim, the offense constitutes a felony of
the third degree.
(2) Paragraph (1)(i) shall not apply to a person
convicted under section 2502(c) (relating to murder) when the
victim is less than 13 years of age and the conduct arises
out of the same criminal act.
(c) Affirmative defense.--It shall be an affirmative defense
under this section that the person was not given or did not
receive any service or anything of value in exchange for the
delivery of the substance.
(d) 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.
(e) Definition.--As used in this section, the term
"unlawfully" means conduct which constitutes 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, but without regard for whether the conduct took
place in this Commonwealth.
Section 3. Section 3308(a) of Title 18 is amended to read:
§ 3308. Additional fine for arson committed for profit.
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(a) General rule.--Any person convicted under section [2506
(relating to arson murder) or] 3301 (relating to arson and
related offenses) where any consideration was paid or payable,
in addition to a