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H0589aa..............................by JUDICIARY, RULES AND ADMINISTRATION CONTROLLED SUBSTANCES - CHILDREN - Amends existing law relating to uniform controlled substances to revise the penalties applicable to the manufacture or delivery of methamphetamine or amphetamine where children are present. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/16 Rpt out - to Gen Ord Rpt out amen - to engros 02/17 Rpt engros - 1st rdg - to 2nd rdg as amen 02/20 2nd rdg - to 3rd rdg as amen 02/23 3rd rdg as amen - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Barraclough, Brackett, Denney, Field(23), Sali, Wood Floor Sponsor - Ring Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Jud 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 34-0-1 AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Davis Title apvd - to House 03/10 To enrol 03/13 Rpt enrol - Sp signed 03/14 Pres signed 03/15 To Governor 03/15 Governor signed Session Law Chapter 76 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 589 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2737A, IDAHO 3 CODE, TO REVISE THE PENALTIES APPLICABLE TO THE MANUFACTURE OR DELIVERY OF 4 METHAMPHETAMINE OR AMPHETAMINE WHERE CHILDREN ARE PRESENT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 37-2737A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 37-2737A. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN 9 ARE PRESENT. (1) Except as authorized in this chapter, it is unlawful for any 10 person to manufacture or deliver, or possess with the intent to manufacture or 11 deliver, a controlled substance as defined in schedules I, II, III and IV in 12 this chapter, upon the same premises where a child under the age of eighteen 13 (18) years is present. 14 (2) As used in this section, "premises" means any: 15 (a) Motor vehicle or vessel; 16 (b) Dwelling or rental unit including, but not limited to, apartment, 17 townhouse, condominium, mobile home, manufactured home, motel room or 18 hotel room; 19 (c) Dwelling house, its curtilage and any other outbuildings. 20 (3) Except as provided in subsection (4) of this section, aAperson who 21 violates the provisions of this section shall be guilty of a felony and upon 22 conviction may be imprisoned for a term not to exceed five (5) years, fined 23 not more than five thousand dollars ($5,000), or be both so imprisoned and 24 fined. 25 (4) A person who violates the provisions of this section by manufacturing 26 or delivering, or possessing with the intent to manufacture or deliver, meth- 27 amphetamine or amphetamine in quantities as specified in section 28 37-2732B(a)(5), Idaho Code, shall be guilty of a felony and upon conviction 29 may be imprisoned for a term of up to ten (10) years, fined not more than 30 twenty-five thousand dollars ($25,000), or be both so imprisoned and fined. 31 (5) Any fine imposed under the provisions of this section shall be in 32 addition to the fine imposed for any other offense, and any term of imprison- 33 ment shall be consecutive to any term imposed for any other offense, regard- 34 less of whether the violation of the provisions of this section and any of the 35 other offenses have arisen from the same act or transaction.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Ring Seconded by Field (18) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 589 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 28, delete "(a)(5)" and insert: 3 "(a)(4)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 589, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2737A, IDAHO 3 CODE, TO REVISE THE PENALTIES APPLICABLE TO THE MANUFACTURE OR DELIVERY OF 4 METHAMPHETAMINE OR AMPHETAMINE WHERE CHILDREN ARE PRESENT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 37-2737A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 37-2737A. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN 9 ARE PRESENT. (1) Except as authorized in this chapter, it is unlawful for any 10 person to manufacture or deliver, or possess with the intent to manufacture or 11 deliver, a controlled substance as defined in schedules I, II, III and IV in 12 this chapter, upon the same premises where a child under the age of eighteen 13 (18) years is present. 14 (2) As used in this section, "premises" means any: 15 (a) Motor vehicle or vessel; 16 (b) Dwelling or rental unit including, but not limited to, apartment, 17 townhouse, condominium, mobile home, manufactured home, motel room or 18 hotel room; 19 (c) Dwelling house, its curtilage and any other outbuildings. 20 (3) Except as provided in subsection (4) of this section, aAperson who 21 violates the provisions of this section shall be guilty of a felony and upon 22 conviction may be imprisoned for a term not to exceed five (5) years, fined 23 not more than five thousand dollars ($5,000), or be both so imprisoned and 24 fined. 25 (4) A person who violates the provisions of this section by manufacturing 26 or delivering, or possessing with the intent to manufacture or deliver, meth- 27 amphetamine or amphetamine in quantities as specified in section 28 37-2732B(a)(4), Idaho Code, shall be guilty of a felony and upon conviction 29 may be imprisoned for a term of up to ten (10) years, fined not more than 30 twenty-five thousand dollars ($25,000), or be both so imprisoned and fined. 31 (5) Any fine imposed under the provisions of this section shall be in 32 addition to the fine imposed for any other offense, and any term of imprison- 33 ment shall be consecutive to any term imposed for any other offense, regard- 34 less of whether the violation of the provisions of this section and any of the 35 other offenses have arisen from the same act or transaction.
STATEMENT OF PURPOSE RS 15893C1 The purpose of this legislation is to provide for a prison sentence or fine, or both, for conviction of the manufacture or sale of methamphetamine or amphetamine in the presence of a child. FISCAL NOTE This legislation may increase the prison population, but an exact cost cannot be determined. Contact Name: Representative Ring Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 589