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S1216................................................by JUDICIARY AND RULES
METHAMPHETAMINE - Amends existing law to provide penalties for trafficking
in methamphetamine and/or amphetamine by manufacturing.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Darrington
Title apvd - to House
03/05 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 63-2-5
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- Bieter, Ringo
Absent and excused -- Kempton, McKague, Trail, Williams, Wood
Floor Sponsor - Gould
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed - to Governor - Governor signed
Session Law Chapter 143
Effective: 07/01/99
S1216|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1216 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2732, IDAHO CODE, TO 3 EXCLUDE TRAFFICKING IN METHAMPHETAMINE AND/OR AMPHETAMINE BY MANUFACTUR- 4 ING VIOLATIONS FROM THE PENALTIES TO BE IMPOSED FOR CERTAIN CONTROLLED 5 SUBSTANCE FELONIES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6 37-2732B, IDAHO CODE, TO PROVIDE PENALTIES FOR TRAFFICKING IN METHAMPHET- 7 AMINE AND/OR AMPHETAMINE BY MANUFACTURING AND TO MAKE A TECHNICAL CORREC- 8 TION; AND AMENDING SECTION 18-7803, IDAHO CODE, TO DELETE OBSOLETE CODE 9 REFERENCES, PROVIDE CORRECT CODE REFERENCES AND TO INCLUDE TRAFFICKING IN 10 CONTROLLED SUBSTANCES WITHIN THE DEFINITION OF RACKETEERING. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 37-2732, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 37-2732. PROHIBITED ACTS A -- PENALTIES. (a) Except as authorized by this 15 chapter, it is unlawful for any person to manufacture or deliver, or possess 16 with intent to manufacture or deliver, a controlled substance. 17 (1) Any person who violates this subsection with respect to: 18 (A) a controlled substance classified in schedule I which is a nar- 19 cotic drug or a controlled substance classified in schedule II, 20 except as provided for in section 37-2732B(a)(3), is guilty of 21 a felony and upon conviction may be imprisoned for a term of years 22 not to exceed life imprisonment, or fined not more than twenty-five 23 thousand dollars ($25,000), or both; 24 (B) any other controlled substance which is a nonnarcotic drug clas- 25 sified in schedule I, or a controlled substance classified in sched- 26 ule III, is guilty of a felony and upon conviction may be imprisoned 27 for not more than five (5) years, fined not more than fifteen thou- 28 sand dollars ($15,000), or both; 29 (C) a substance classified in schedule IV, is guilty of a felony and 30 upon conviction may be imprisoned for not more than three (3) years, 31 fined not more than ten thousand dollars ($10,000), or both; 32 (D) a substance classified in schedules V and VI, is guilty of a 33 misdemeanor and upon conviction may be imprisoned for not more than 34 one (1) year, fined not more than five thousand dollars ($5,000), or 35 both. 36 (b) Except as authorized by this chapter, it is unlawful for any person 37 to create, deliver, or possess with intent to deliver, a counterfeit sub- 38 stance. 39 (1) Any person who violates this subsection with respect to: 40 (A) a counterfeit substance classified in schedule I which is a nar- 41 cotic drug, or a counterfeit substance classified in schedule II, is 42 guilty of a felony and upon conviction may be imprisoned for not more 43 than fifteen (15) years, fined not more than twenty-five thousand 2 1 dollars ($25,000), or both; 2 (B) any other counterfeit substance classified in schedule I which 3 is a nonnarcotic drug contained in schedule I or a counterfeit sub- 4 stance contained in schedule III, is guilty of a felony and upon con- 5 viction may be imprisoned for not more than five (5) years, fined not 6 more than fifteen thousand dollars ($15,000), or both; 7 (C) a counterfeit substance classified in schedule IV, is guilty of 8 a felony and upon conviction may be imprisoned for not more than 9 three (3) years, fined not more than ten thousand dollars ($10,000), 10 or both; 11 (D) a counterfeit substance classified in schedules V and VI or a 12 noncontrolled counterfeit substance, is guilty of a misdemeanor and 13 upon conviction may be imprisoned for not more than one (1) year, 14 fined not more than five thousand dollars ($5,000), or both. 15 (c) It is unlawful for any person to possess a controlled substance 16 unless the substance was obtained directly from, or pursuant to, a valid pre- 17 scription or order of a practitioner while acting in the course of his profes- 18 sional practice, or except as otherwise authorized by this chapter. 19 (1) Any person who violates this subsection and has in his possession a 20 controlled substance classified in schedule I which is a narcotic drug or 21 a controlled substance classified in schedule II, is guilty of a felony 22 and upon conviction may be imprisoned for not more than seven (7) years, 23 or fined not more than fifteen thousand dollars ($15,000), or both. 24 (2) Any person who violates this subsection and has in his possession 25 lysergic acid diethylamide is guilty of a felony and upon conviction may 26 be imprisoned for not more than three (3) years, or fined not more than 27 five thousand dollars ($5,000) or both. 28 (3) Any person who violates this subsection and has in his possession a 29 controlled substance which is a nonnarcotic drug classified in schedule I 30 except lysergic acid diethylamide, or a controlled substance classified in 31 schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction 32 thereof may be imprisoned for not more than one (1) year, or fined not 33 more than one thousand dollars ($1,000), or both. 34 (d) It shall be unlawful for any person to be present at or on premises 35 of any place where he knows illegal controlled substances are being manufac- 36 tured or cultivated, or are being held for distribution, transportation, 37 delivery, administration, use, or to be given away. A violation of this sec- 38 tion shall deem those persons guilty of a misdemeanor and upon conviction 39 shall be punished by a fine of not more than three hundred dollars ($300) and 40 not more than ninety (90) days in the county jail, or both. 41 (e) If any person is found to possess marijuana, which for the purposes 42 of this subsection shall be restricted to all parts of the plants of the genus 43 Cannabis, including the extract or any preparation of cannabis which contains 44 tetrahydrocannabinal, in an amount greater than three (3) ounces net weight, 45 it shall be a felony and upon conviction may be imprisoned for not more than 46 five (5) years, or fined not more than ten thousand dollars ($10,000), or 47 both. 48 (f) If two (2) or more persons conspire to commit any offense defined in 49 this act, said persons shall be punishable by a fine or imprisonment, or both, 50 which may not exceed the maximum punishment prescribed for the offense, the 51 commission of which was the object of the conspiracy. 52 (g) (1) It is unlawful for any person to manufacture or distribute a 53 "simulated controlled substance," or to possess with intent to distribute, 54 a "simulated controlled substance." Any person who violates this subsec- 55 tion shall, upon conviction, be guilty of a misdemeanor and upon convic- 3 1 tion thereof shall be punished by a fine of not more than one thousand 2 dollars ($1,000) and not more than one (1) year in the county jail, or 3 both. 4 (2) It is unlawful for any person to possess a "simulated controlled sub- 5 stance." Any person who violates this subsection shall, upon conviction, 6 be guilty of a misdemeanor and upon conviction thereof shall be punished 7 by a fine of not more than three hundred dollars ($300) and not more than 8 six (6) months in the county jail, or both. 9 (h) It is unlawful for any person to cause to be placed in any newspaper, 10 magazine, handbill, or other publication, or to post or distribute in any pub- 11 lic place, any advertisement or solicitation offering for sale simulated con- 12 trolled substances. Any person who violates this subsection is guilty of a 13 misdemeanor and shall be punished in the same manner as prescribed in subsec- 14 tion (g) of this section. 15 (i) No civil or criminal liability shall be imposed by virtue of this 16 chapter on any person registered under the Uniform Controlled Substances Act 17 who manufactures, distributes, or possesses an imitation controlled substance 18 for use as a placebo or other use by a registered practitioner, as defined in 19 section 37-2701(z), Idaho Code, in the course of professional practice or 20 research. 21 (j) No prosecution under this chapter shall be dismissed solely by reason 22 of the fact that the dosage units were contained in a bottle or other con- 23 tainer with a label accurately describing the ingredients of the imitation 24 controlled substance dosage units. The good faith of the defendant shall be an 25 issue of fact for the trier of fact. 26 (k) Upon conviction of a felony violation under this chapter or upon con- 27 viction of a felony pursuant to the "racketeering act," section 18-7804, Idaho 28 Code, or the money laundering and illegal investment provisions of section 29 18-8201, Idaho Code, the court may order restitution for costs incurred by law 30 enforcement agencies in investigating the violation. Law enforcement agencies 31 shall include, but not be limited to, the department of law enforcement, 32 county and city law enforcement agencies, the office of the attorney general 33 and county and city prosecuting attorney offices. Costs shall include, but not 34 be limited to, those incurred for the purchase of evidence, travel and per 35 diem for law enforcement officers and witnesses throughout the course of the 36 investigation, hearings and trials, and any other investigative or prosecution 37 expenses actually incurred, including regular salaries of employees. In the 38 case of reimbursement to the department of law enforcement, those moneys shall 39 be paid to the department of law enforcement for deposit into the drug 40 enforcement donation account created in section 57-816, Idaho Code. In the 41 case of reimbursement to the office of the attorney general, those moneys 42 shall be paid to the general account. A conviction for the purposes of this 43 section means that the person has pled guilty or has been found guilty, not- 44 withstanding the form of the judgment(s) or withheld judgment(s). 45 SECTION 2. That Section 37-2732B, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 37-2732B. TRAFFICKING -- MANDATORY SENTENCES. (a) Except as authorized in 48 this chapter, and notwithstanding the provisions of section 37-2732, Idaho 49 Code: 50 (1) Any person who knowingly manufactures, delivers, or brings into this 51 state, or who is knowingly in actual or constructive possession of, one 52 (1) pound of marijuana or more, or twenty-five (25) marijuana 53 plants or more, as defined in section 37-2701, Idaho Code, is guilty of a 4 1 felony, which felony shall be known as "trafficking in marijuana." If the 2 quantity of marijuana involved: 3 (A) is one (1) pound or more, but less than five (5) pounds, or con- 4 sists of twenty-five (25) marijuana plants or more but fewer than 5 fifty (50) marijuana plants, regardless of size or weight of the 6 plants, such person shall be sentenced to a mandatory minimum fixed 7 term of imprisonment of one (1) year and fined not less than five 8 thousand dollars ($5,000); 9 (B) is five (5) pounds or more, but less than twenty-five (25) 10 pounds, or consists of fifty (50) marijuana plants or more but fewer 11 than one hundred (100) marijuana plants, regardless of size or weight 12 of the plants, such person shall be sentenced to a mandatory minimum 13 fixed term of imprisonment of three (3) years and fined not less than 14 ten thousand dollars ($10,000); 15 (C) is twenty-five (25) pounds or more, or consists of one hundred 16 (100) marijuana plants or more, regardless of size or weight of the 17 plants, such person shall be sentenced to a mandatory minimum fixed 18 term of imprisonment of five (5) years and fined not less than fif- 19 teen thousand dollars ($15,000). 20 (D) The maximum number of years of imprisonment for trafficking in 21 marijuana shall be fifteen (15) years, and the maximum fine shall be 22 fifty thousand dollars ($50,000). 23 (E) For the purposes of this section, the weight of the marijuana is 24 its weight when seized or as determined as soon as practicable after 25 seizure, unless the provisions of subsection (c) of this section 26 apply. 27 (2) Any person who knowingly manufactures, delivers, or brings into this 28 state, or who is knowingly in actual or constructive possession of, 29 twenty-eight (28) grams or more of cocaine or of any mixture or substance 30 containing a detectable amount of cocaine is guilty of a felony, which 31 felony shall be known as "trafficking in cocaine." If the quantity 32 involved: 33 (A) is twenty-eight (28) grams or more, but less than two hundred 34 (200) grams, such person shall be sentenced to a mandatory minimum 35 fixed term of imprisonment of three (3) years and fined not less than 36 ten thousand dollars ($10,000); 37 (B) is two hundred (200) grams or more, but less than four hundred 38 (400) grams, such person shall be sentenced to a mandatory minimum 39 fixed term of imprisonment of five (5) years and fined not less than 40 fifteen thousand dollars ($15,000); 41 (C) is four hundred (400) grams or more, such person shall be sen- 42 tenced to a mandatory minimum fixed term of imprisonment of ten (10) 43 years and fined not less than twenty-five thousand dollars ($25,000). 44 (D) The maximum number of years of imprisonment for trafficking in 45 cocaine shall be life, and the maximum fine shall be one hundred 46 thousand dollars ($100,000). 47 (3) Any person who knowingly manufactures or attempts to manufac- 48 ture methamphetamine and/or amphetamine is guilty of a felony which shall 49 be known as "trafficking in methamphetamine and/or amphetamine by manufac- 50 turing." Any person convicted of attempted trafficking in methamphetamine 51 and/or amphetamine by manufacturing shall be sentenced to a mandatory min- 52 imum fixed term of imprisonment of two (2) years and not to exceed fifteen 53 (15) years imprisonment and fined not less than ten thousand dollars 54 ($10,000). Any person convicted of trafficking in methamphetamine and/or 55 amphetamine by manufacturing shall be sentenced to a mandatory minimum 5 1 fixed term of imprisonment of five (5) years and not to exceed life 2 imprisonment and fined not less than twenty-five thousand dollars 3 ($25,000). The maximum number of years of imprisonment for trafficking in 4 methamphetamine and/or amphetamine by manufacturing shall be life, and the 5 maximum fine shall be one hundred thousand dollars ($100,000). 6 (4) Any person who knowinglymanufactures,delivers, 7 or brings into this state, or who is knowingly in actual or constructive 8 possession of, twenty-eight (28) grams or more of methamphetamine or 9 amphetamine or of any mixture or substance containing a detectable amount 10 of methamphetamine or amphetamine is guilty of a felony, which felony 11 shall be known as "trafficking in methamphetamine or amphetamine." If the 12 quantity involved: 13 (A) is twenty-eight (28) grams or more, but less than two hundred 14 (200) grams, such person shall be sentenced to a mandatory minimum 15 fixed term of imprisonment of three (3) years and fined not less than 16 ten thousand dollars ($10,000); 17 (B) is two hundred (200) grams or more, but less than four hundred 18 (400) grams, such person shall be sentenced to a mandatory minimum 19 fixed term of imprisonment of five (5) years and fined not less than 20 fifteen thousand dollars ($15,000); 21 (C) is four hundred (400) grams or more, such person shall be sen- 22 tenced to a mandatory minimum fixed term of imprisonment of ten (10) 23 years and fined not less than twenty-five thousand dollars ($25,000). 24 (D) The maximum number of years of imprisonment for trafficking in 25 methamphetamine or amphetamine shall be life, and the maximum fine 26 shall be one hundred thousand dollars ($100,000). 27 (45 ) Any person who knowingly manufactures, 28 delivers, brings into this state, or who is knowingly in actual or con- 29 structive possession of the below-specified quantities of any of the fol- 30 lowing immediate precursors to methamphetamine or amphetamine (namely 31 ephedrine, methylamine, methyl formamide, phenylacetic acid, 32 phenylacetone, or pseudoephedrine) as defined in section 37-2707(g)(1), 33 Idaho Code, or any compound, mixture or preparation which contains a 34 detectable quantity of these substances, is guilty of a felony which shall 35 be known as "trafficking in immediate precursors of methamphetamine or 36 amphetamine." If the quantity: 37 (A) of ephedrine is five hundred (500) grams or more; 38 (B) of methylamine is one-half (1/2) pint or more; 39 (C) of methyl formamide is one-quarter (1/4) pint or more; 40 (D) of phenylacetic acid is five hundred (500) grams or more; 41 (E) of phenylacetone is four hundred (400) grams or more; 42 (F) of pseudoephedrine is five hundred (500) grams or more; 43 such person shall be sentenced to a mandatory minimum fixed term of 44 imprisonment of ten (10) years and fined not less than twenty-five thou- 45 sand dollars ($25,000). The maximum number of years of imprisonment for 46 trafficking in immediate precursors of methamphetamine or amphetamine 47 shall be life, and the maximum fine shall be one hundred thousand dollars 48 ($100,000). 49 (56 ) Any person who knowingly manufactures, 50 delivers or brings into this state, or who is knowingly in actual or con- 51 structive possession of, two (2) grams or more of heroin or any salt, 52 isomer, or salt of an isomer thereof, or two (2) grams or more of any mix- 53 ture or substance containing a detectable amount of any such substance is 54 guilty of a felony, which felony shall be known as "trafficking in her- 55 oin." If the quantity involved: 6 1 (A) is two (2) grams or more, but less than seven (7) grams, such 2 person shall be sentenced to a mandatory minimum fixed term of 3 imprisonment of three (3) years and fined not less than ten thousand 4 dollars ($10,000); 5 (B) is seven (7) grams or more, but less than twenty-eight (28) 6 grams, such person shall be sentenced to a mandatory minimum fixed 7 term of imprisonment of ten (10) years and fined not less than fif- 8 teen thousand dollars ($15,000); 9 (C) is twenty-eight (28) grams or more, such person shall be sen- 10 tenced to a mandatory minimum fixed term of imprisonment of fifteen 11 (15) years and fined not less than twenty-five thousand dollars 12 ($25,000). 13 (D) The maximum number of years of imprisonment for trafficking in 14 heroin shall be life, and the maximum fine shall be one hundred thou- 15 sand dollars ($100,000). 16 (67 ) A second conviction for any trafficking 17 offense as defined in subsection (a) of this section shall result in a 18 mandatory minimum fixed term that is twice that otherwise required under 19 this section. 20 (78 ) Notwithstanding any other provision of 21 law, with respect to any person who is found to have violated the provi- 22 sions of this section, adjudication of guilt or the imposition or execu- 23 tion of sentence shall not be suspended, deferred, or withheld, nor shall 24 such person be eligible for parole prior to serving the mandatory minimum 25 fixed term of imprisonment prescribed in this section. Further, the court 26 shall not retain jurisdiction. 27 (b) Any person who agrees, conspires, combines or confederates with 28 another person or solicits another person to commit any act prohibited in sub- 29 section (a) of this section is guilty of a felony and is punishable as if he 30 had actually committed such prohibited act. 31 (c) For the purposes of subsections (a) and (b) of this section the 32 weight of the controlled substance as represented by the person selling or 33 delivering it is determinative if the weight as represented is greater than 34 the actual weight of the controlled substance. 35 SECTION 3. That Section 18-7803, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 18-7803. DEFINITIONS. As used in this chapter, (a) "Racketeering" means 38 any act which is chargeable or indictable under the following sections of the 39 Idaho Code or which are equivalent acts chargeable or indictable as equivalent 40 crimes under the laws of any other jurisdiction: 41 (1) Homicide (section 18-4001, Idaho Code); 42 (2)Larceny, rR obbery,extortion,43 burglary,embezzlement,theft, forgery, counter- 44 feiting, and related crimes (sections 18-1401, 18-1405,18-2401,4518-2402,18-2403, 18-24047 ,4618-2405, 18-2406, 18-2801, 18-2804, 18-2806, 18-2807, 18-2808,47 18-311523 , 18-311624 , 48 18-3125, 18-3601, 18-3602, 18-3603, 18-3605, 18-3606, 49 18-3607, 18-3609, 18-3610, 18-3614, 18-3615, 18-3618,18-4604,5018-4612, 18-4613,18-4630, 18-6501, and 49-42051 518 , Idaho Code ) ; 52 (3) Kidnapping (section 18-4501, Idaho Code); 53 (4) Prostitution (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605, 7 1 18-5606,18-5607,18-5608, and 18-5609,2and 18-5610,Idaho Code); 3 (5) Arson (sections 18-801, 18-802, 18-803, 18-804, and 18-70034805 , Idaho Code); 5 (6) Assault (sections 18-908 and 18-4015, Idaho Code); 6 (7) Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902, 7 18-4903, 18-4904, 18-4905, 18-4906, and 18-4908, Idaho Code); 8 (8) Indecency and obscenity (sections 18-1515, 18-1518, 18-4103, 9 18-4103A, 18-4104, 18-4105, 18-4105A, and 18-4107, Idaho Code); 10 (9) Poisoning (sections 18-4014 and 18-5501, Idaho Code); 11 (10) Fraudulent practices, false pretenses, insurance fraud,credit12financial transaction card crimes and fraud generally 13 (sections 18-2403, 18-2706, 18-3002, 18-3101,18-3102,1418-3103, 18-3104, 18-3113, 18-3121, 18-3701,18-370215124, 18-3125, 18-3126, 18-3706 713 16 , 41-293, 41-294, and 41-1306,41-1325, and1741-1326,Idaho Code); 18 (11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905, 19 23-914, 23-928, 23-934 and 23-938, Idaho Code); 20 (12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code); 21 (13) Securities (sections 30-1403, 30-1403A, 30-1404, 30-1405, 30-1406, 22 30-1438, and 30-1439, Idaho Code); 23 (14) Horseracing (section 54-2512, Idaho Code); 24 (15) Interest and usurious practices (sections 28-34 25 5-34 01 and 28-34 26 5-34 02, Idaho Code); 27 (16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905, 28 18-1906, and 30-1510, Idaho Code); 29 (17) Perjury (sections 18-5401 and 18-5410, Idaho Code); 30 (18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho 31 Code); 32 (19) Monopolies and combinations (section 18-5201, Idaho Code); 33 (20) Controlled substances (sections 37-2732(a), (b), (c), (e) and (f), 34 37-2732B, 37-2734 and 37-2734B, Idaho Code); 35 (21) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho 36 Code). 37 (b) "Person" means any individual or entity capable of holding a legal or 38 beneficial interest in property; 39 (c) "Enterprise" means any sole proprietorship, partnership, corporation, 40 business, labor union, association or other legal entity or any group of indi- 41 viduals associated in fact although not a legal entity, and includes illicit 42 as well as licit entities; and 43 (d) "Pattern of racketeering activity" means engaging in at least two (2) 44 incidents of racketeering conduct that have the same or similar intents, 45 results, accomplices, victims or methods of commission, or otherwise are 46 interrelated by distinguishing characteristics and are not isolated incidents, 47 provided at least one (1) of such incidents occurred after the effective date 48 of this act and that the last of such incidents occurred within five (5) years 49 after a prior incident of racketeering conduct.
STATEMENT OF PURPOSE
RS 09010C1
The purpose of this bill is to establish a new crime titled "Traffickmg in
Methamphetamine and/or Amphetamme by Manufacturing." Current criminal law has proven
inadequate in addressing the manufacture of methamphetamme, as indicated by the alarming
increase of methamphetamine labs throughout the state. Meth labs impose an unfortunate impact
on neighbors and innkeepers whose property is adversely affected or damaged and the public at
large. The manufacture of these drugs also negatively impacts the environment from the
dangerous and illegal disposal of chemicals.
This legislation will give prosecutors an additional weapon in prosecutions for the
manufacture of methamphetamine. The bill creates mandatory minimum penalties for an attempt
to manufacture and manufacturing, for which life imprisonment may be imposed. The bill also
adds the crime to the list of crimes to which the racketeering provisions apply. The bill also
brings the racketeering statute up to date by deleting obsolete code provisions and providing
correct code references.
FISCAL NOTE
There is no fiscal impact on the general fund.
CONTACT: Michael Bogert
Counsel to the Governor
334-2100
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 1216