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     applies.        (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     Parole).