Senate Bill 92
MANDATORY MINIMUMS FOR DRUG DELIVERY (TYLER’S LAW)
Senate Bill 92 Bill Information
Description: SB 92 would amend PA's drug delivery resulting in death law by modifying the penalty provisions for individuals convicted of causing a death through drug delivery. Specifically, under SB 92, a person with two or more prior convictions for controlled substance violations who receives more than a minimal value from drug distribution would be sentenced to a mandatory minimum of 10 years in prison and fined either $15,000 or an amount equal to the value of assets used in the illegal activity.
PA Justice Alliance Member Positions & Feedback
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SB 92 would impose a mandatory minimum sentence of 10 years and a fine of $15,000 (or more) if:
The defendant had two or more prior convictions related to drug delivery; OR
The defendant had “received anything of value, directly or indirectly, as consideration for dispensing, delivering, giving, prescribing, selling or distributing any controlled substance or counterfeit controlled substance.”
Instead of reducing the instances of drug-related deaths, SB 92 would punish people struggling with substance use disorders. While we appreciate the urgency to address opioid related deaths, we cannot incarcerate our way out of the opioid epidemic, especially if that means incarcerating people who should instead be receiving medical treatment.
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We understand the valid concern with the impact of substances like opioids on communities across the state. However, creating new mandatory minimum sentences is simply not the answer. This is supported by more than three decades of evidence showing that mandatory minimum sentences do not make our communities any safer.
FAMM encourages the General Assembly to vote “NO” on SB 92 and instead work toward public safety solutions that are guided by evidence, are fiscally responsible, and strengthen and support our communities.
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