PRINTER'S NO. 1770
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1191
Session of
2017
INTRODUCED BY McCLINTON, FREEMAN, BULLOCK, DONATUCCI, DERMODY,
CHARLTON, MURT, HILL-EVANS, GALLOWAY, TAYLOR, V. BROWN,
MILLARD, KINSEY, O'BRIEN, KIRKLAND AND DAVIDSON, MAY 19, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MAY 19, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, providing for the offense
of drug-related child endangerment and related offenses.
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:
ยง 6322. Drug-related child endangerment and related offenses.
(a) Offense defined.--A person commits the offense of drug-
related child endangerment if the person intentionally,
knowingly, recklessly or negligently endangers the life or
health of a child by exposing or allowing exposure of the child
to an environment where a drug is delivered, stored, processed,
compounded, packaged, possessed, consumed, concealed, used or
otherwise present in violation of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
(b) Aggravated drug-related child endangerment.--A person
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commits the offense of aggravated drug-related child
endangerment when the person violates subsection (a) and:
(1) the child suffers serious bodily injury as a result
of acts constituting the offense; or
(2) the child dies as a result of acts constituting the
offense.
(c) Grading.--
(1) An offense under subsection (a) is a felony of the
third degree.
(2) An offense under subsection (b)(1) is a felony of
the second degree.
(3) An offense under subsection (b)(2) is a felony of
the first degree.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Child." An individual under 18 years of age.
"Drug." The term shall include a "controlled substance," a
"designer drug" and a "narcotic" as those terms are defined in
The Controlled Substance, Drug, Device and Cosmetic Act and
which are injected, ingested, inhaled or otherwise introduced
into the human body in violation of The Controlled Substance,
Drug, Device and Cosmetic Act.
Section 2. This act shall take effect in 60 days.
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