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§ 780-117. Probation without verdict

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
35 P.S. § 780-117
§ 780-117. Probation without verdict
Except as provided in clause (1) of this subsection, the court may place a person on probation without verdict if the person pleads nolo contendere or guilty to any nonviolent offense under this act and the person proves he is drug dependent. For the purposes of proving drug dependency, the person must present the testimony of a physician or psychologist trained in the field of drug abuse. The term of probation shall be for a specific time period not to exceed the maximum for the offense upon such reasonable terms and conditions as the court may require. The following shall apply:
(1) The following persons shall be ineligible for probation without verdict:
(i) Any person who has previously been convicted of an offense under this act or similar act of the United States or any other state.
(ii) Any person who has been convicted of a misdemeanor or felony in this Commonwealth or an equivalent crime under the laws of any other state.
(iii) Any person who has been placed on Accelerated Rehabilitative Disposition where the person was charged with a violation of this act or the commission of a misdemeanor or felony in this Commonwealth.
(iv) Any person who is charged with or has pleaded guilty or nolo contendere to multiple offenses which are based on separate conduct or arise from separate criminal episodes such that those offenses could be tried separately in accordance with 18 Pa.C.S. § 110 (relating to when prosecution barred by former prosecution for different offense).
(v) Any person who is a dangerous juvenile offender under 42 Pa.C.S. § 6302 (relating to definitions) or who was adjudicated delinquent for conduct which would constitute a violation of clause (30) or (37) of subsection (a) of section 13 of this act.1
(vi) Any person who is charged with violating clause (14), (30) or (37) of subsection (a) of section 13 of this act.
(2) Upon violation of a term or condition of probation, the court may enter a judgment and proceed as in any criminal case, or may continue the probation without verdict.
(3) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal shall be without adjudication of guilt and shall not constitute a conviction for any purpose whatever, including the penalties imposed for second or subsequent convictions: Provided, That probation without verdict shall be available to any person only once: And further provided, That notwithstanding any other provision of this act, the prosecuting attorney or the court, and the council shall keep a list of those persons placed on probation without verdict, which list may only be used to determine the eligibility of persons for probation without verdict and the names on such lists may be used for no other purpose whatsoever.

Credits

1972, April 14, P.L. 233, No. 64, § 17, eff. June 14, 1972. Amended 1972, Oct. 26, P.L. 1048, No. 263, § 1, imd. effective; 1992, April 16, P.L. 165, No. 30, § 2, effective in 60 days; 1994, Dec. 28, P.L. 1406, No. 164, § 1, effective in 60 days.
REPEALED IN PART
<The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as it subjects to a fine 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, pursuant to 1988, March 25, P.L. 262, No. 31, § 15(c).>
<The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as inconsistent with the Wholesale Prescription Drug Distributors License Act, 63 P.S. § 391.1 et seq., pursuant to 1992, Dec. 14, P.L. 1116, No. 145, § 16.>
HISTORICAL AND STATUTORY NOTES
Act 1994-164 legislation
The 1994 amendment in the first paragraph inserted “or psychologist” and in subd. (1)(vi) substituted “is charged” for “was charged”.

Footnotes

35 P.S. § 780-113(a)(30), (37).
35 P.S. § 780-117, PA ST 35 P.S. § 780-117
Current through 2019 Regular Session Act 75. Some statute sections may be more current, see credits for details.
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