2002 Legislation
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SENATE BILL NO. 1283 – Methamphetamine, manuf, penalty

SENATE BILL NO. 1283

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Daily Data Tracking History



S1283................................................by JUDICIARY AND RULES
METHAMPHETAMINE - Amends existing law to clarify the penalty for the
attempted manufacture of methamphetamine or amphetamine.
                                                                        
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Branch, Sims
    Floor Sponsor - Lodge
    Title apvd - to House
01/29    House intro - 1st rdg - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 61-0-9
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Callister, Campbell, Clark, Collins,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
      Langford, Loertscher, Meyer, Mortensen, Moyle, Pearce, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bruneel, Crow, Gagner, Mader, Martinez,
      McKague, Montgomery, Pischner, Stone
    Floor Sponsor - Aikele
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/21    Governor signed
         Session Law Chapter 186
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1283
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING  SECTION  37-2732B,  IDAHO
  3        CODE,  TO  CLARIFY  THE PENALTY FOR ATTEMPTED MANUFACTURING OF METHAMPHET-
  4        AMINE OR AMPHETAMINE AND TO MAKE TECHNICAL AND GRAMMATICAL CORRECTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 37-2732B, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        37-2732B.  TRAFFICKING -- MANDATORY SENTENCES. (a) Except as authorized in
  9    this  chapter,  and  notwithstanding  the provisions of section 37-2732, Idaho
 10    Code:
 11        (1)  Any person who knowingly manufactures, delivers, or brings into  this
 12        state,  or  who  is knowingly in actual or constructive possession of, one
 13        (1) pound of marijuana or more, or twenty-five (25)  marijuana  plants  or
 14        more,  as  defined  in section 37-2701, Idaho Code, is guilty of a felony,
 15        which felony shall be known as "trafficking in marijuana." If the quantity
 16        of marijuana involved:
 17             (A)  iIs one (1) pound or more, but less than  five  (5)  pounds,  or
 18             consists  of twenty-five (25) marijuana plants or more but fewer than
 19             fifty (50) marijuana plants, regardless of the size or weight of  the
 20             plants,  such  person shall be sentenced to a mandatory minimum fixed
 21             term of imprisonment of one (1) year and fined  not  less  than  five
 22             thousand dollars ($5,000);
 23             (B)  iIs  five  (5)  pounds  or  more, but less than twenty-five (25)
 24             pounds, or consists of fifty (50) marijuana plants or more but  fewer
 25             than  one  hundred  (100) marijuana plants, regardless of the size or
 26             weight of the plants, such person shall be sentenced to  a  mandatory
 27             minimum  fixed  term of imprisonment of three (3) years and fined not
 28             less than ten thousand dollars ($10,000);
 29             (C)  iIs twenty-five (25) pounds or more, or consists of one  hundred
 30             (100)  marijuana  plants or more, regardless of the size or weight of
 31             the plants, such person shall be sentenced  to  a  mandatory  minimum
 32             fixed  term of imprisonment of five (5) years and fined not less than
 33             fifteen thousand dollars ($15,000).
 34             (D)  The maximum number of years of imprisonment for  trafficking  in
 35             marijuana  shall be fifteen (15) years, and the maximum fine shall be
 36             fifty thousand dollars ($50,000).
 37             (E)  For the purposes of this section, the weight of the marijuana is
 38             its weight when seized or as determined as soon as practicable  after
 39             seizure,  unless  the  provisions  of  subsection (c) of this section
 40             apply.
 41        (2)  Any person who knowingly manufactures, delivers, or brings into  this
 42        state,  or  who  is  knowingly  in  actual  or constructive possession of,
 43        twenty-eight (28) grams or more of cocaine or of any mixture or  substance
                                                                        
                                           2
                                                                        
  1        containing  a  detectable  amount  of cocaine is guilty of a felony, which
  2        felony shall be  known  as  "trafficking  in  cocaine."  If  the  quantity
  3        involved:
  4             (A)  iIs  twenty-eight  (28) grams or more, but less than two hundred
  5             (200) grams, such person shall be sentenced to  a  mandatory  minimum
  6             fixed term of imprisonment of three (3) years and fined not less than
  7             ten thousand dollars ($10,000);
  8             (B)  iIs  two hundred (200) grams or more, but less than four hundred
  9             (400) grams, such person shall be sentenced to  a  mandatory  minimum
 10             fixed  term of imprisonment of five (5) years and fined not less than
 11             fifteen thousand dollars ($15,000);
 12             (C)  iIs four hundred (400) grams or more, such person shall be  sen-
 13             tenced  to a mandatory minimum fixed term of imprisonment of ten (10)
 14             years and fined not less than twenty-five thousand dollars ($25,000).
 15             (D)  The maximum number of years of imprisonment for  trafficking  in
 16             cocaine  shall  be  life,  and  the maximum fine shall be one hundred
 17             thousand dollars ($100,000).
 18        (3)  Any person who knowingly  manufactures  or  attempts  to  manufacture
 19        methamphetamine  and/or  amphetamine  is guilty of a felony which shall be
 20        known as "trafficking in methamphetamine and/or amphetamine by manufactur-
 21        ing." Any person convicted of  attempted  trafficking  in  methamphetamine
 22        and/or amphetamine by attempted manufacturing shall be sentenced to a man-
 23        datory  minimum  fixed  term  of  imprisonment of two (2) years and not to
 24        exceed fifteen (15) years imprisonment and fined not less than  ten  thou-
 25        sand  dollars  ($10,000).   Any person convicted of trafficking in metham-
 26        phetamine and/or amphetamine by manufacturing shall be sentenced to a man-
 27        datory minimum fixed term of imprisonment of five (5)  years  and  not  to
 28        exceed life imprisonment and fined not less than twenty-five thousand dol-
 29        lars ($25,000).  The maximum number of years of imprisonment for traffick-
 30        ing  in methamphetamine and/or amphetamine by manufacturing shall be life,
 31        and the maximum fine shall be one hundred thousand dollars ($100,000).
 32        (4)  Any person who knowingly delivers, or brings into this state, or  who
 33        is  knowingly  in  actual or constructive possession of, twenty-eight (28)
 34        grams or more of methamphetamine or amphetamine or of any mixture or  sub-
 35        stance containing a detectable amount of methamphetamine or amphetamine is
 36        guilty of a felony, which felony shall be known as "trafficking in metham-
 37        phetamine or amphetamine." If the quantity involved:
 38             (A)  iIs  twenty-eight  (28) grams or more, but less than two hundred
 39             (200) grams, such person shall be sentenced to  a  mandatory  minimum
 40             fixed term of imprisonment of three (3) years and fined not less than
 41             ten thousand dollars ($10,000);
 42             (B)  iIs  two hundred (200) grams or more, but less than four hundred
 43             (400) grams, such person shall be sentenced to  a  mandatory  minimum
 44             fixed  term of imprisonment of five (5) years and fined not less than
 45             fifteen thousand dollars ($15,000);
 46             (C)  iIs four hundred (400) grams or more, such person shall be  sen-
 47             tenced  to a mandatory minimum fixed term of imprisonment of ten (10)
 48             years and fined not less than twenty-five thousand dollars ($25,000).
 49             (D)  The maximum number of years of imprisonment for  trafficking  in
 50             methamphetamine  or  amphetamine  shall be life, and the maximum fine
 51             shall be one hundred thousand dollars ($100,000).
 52        (5)  Any person who knowingly manufactures,  delivers,  brings  into  this
 53        state,  or  who  is  knowingly in actual or constructive possession of the
 54        below-specified quantities of any of the following immediate precursors to
 55        methamphetamine or  amphetamine  (namely  ephedrine,  methylamine,  methyl
                                                                        
                                           3
                                                                        
  1        formamide,   phenylacetic  acid,  phenylacetone,  or  pseudoephedrine)  as
  2        defined in section 37-2707(g)(1), Idaho Code, or any compound, mixture  or
  3        preparation  which  contains a detectable quantity of these substances, is
  4        guilty of a felony which shall  be  known  as  "trafficking  in  immediate
  5        precursors of  methamphetamine or amphetamine."  If the quantity:
  6             (A)  oOf ephedrine is five hundred (500) grams or more;
  7             (B)  oOf methylamine is one-half (1/2) pint or more;
  8             (C)  oOf methyl formamide is one-quarter (1/4) pint or more;
  9             (D)  oOf phenylacetic acid is five hundred (500) grams or more;
 10             (E)  oOf phenylacetone is four hundred (400) grams or more;
 11             (F)  oOf pseudoephedrine is five hundred (500) grams or more;
 12        such  person  shall  be  sentenced  to  a  mandatory minimum fixed term of
 13        imprisonment of ten (10) years and fined not less than  twenty-five  thou-
 14        sand  dollars  ($25,000).  The maximum number of years of imprisonment for
 15        trafficking in immediate  precursors  of  methamphetamine  or  amphetamine
 16        shall  be life, and the maximum fine shall be one hundred thousand dollars
 17        ($100,000).
 18        (6)  Any person who knowingly manufactures, delivers or brings  into  this
 19        state,  or  who  is knowingly in actual or constructive possession of, two
 20        (2) grams or more of heroin or any salt, isomer,  or  salt  of  an  isomer
 21        thereof, or two (2) grams or more of any mixture or substance containing a
 22        detectable  amount of any such substance is guilty of a felony, which fel-
 23        ony shall be known as "trafficking in heroin." If the quantity involved:
 24             (A)  iIs two (2) grams or more, but less than seven (7)  grams,  such
 25             person  shall  be  sentenced  to  a  mandatory  minimum fixed term of
 26             imprisonment of three (3) years and fined not less than ten  thousand
 27             dollars ($10,000);
 28             (B)  iIs  seven  (7)  grams  or more, but less than twenty-eight (28)
 29             grams, such person shall be sentenced to a  mandatory  minimum  fixed
 30             term  of  imprisonment of ten (10) years and fined not less than fif-
 31             teen thousand dollars ($15,000);
 32             (C)  iIs twenty-eight (28) grams or more, such person shall  be  sen-
 33             tenced  to  a mandatory minimum fixed term of imprisonment of fifteen
 34             (15) years and fined  not  less  than  twenty-five  thousand  dollars
 35             ($25,000).
 36             (D)  The  maximum  number of years of imprisonment for trafficking in
 37             heroin shall be life, and the maximum fine shall be one hundred thou-
 38             sand dollars ($100,000).
 39        (7)  A second conviction for any trafficking offense as defined in subsec-
 40        tion (a) of this section shall result in a mandatory  minimum  fixed  term
 41        that is twice that otherwise required under this section.
 42        (8)  Notwithstanding  any other provision of law, with respect to any per-
 43        son who is found to have violated the provisions of this section,  adjudi-
 44        cation  of  guilt  or the imposition or execution of sentence shall not be
 45        suspended, deferred, or withheld, nor shall such person  be  eligible  for
 46        parole  prior to serving the  mandatory minimum fixed term of imprisonment
 47        prescribed in this section. Further, the court shall not retain  jurisdic-
 48        tion.
 49        (b)  Any  person  who  agrees,  conspires,  combines  or confederates with
 50    another person or solicits another person to commit any act prohibited in sub-
 51    section (a) of this section is guilty of a felony and is punishable as  if  he
 52    had actually committed such prohibited act.
 53        (c)  For  the  purposes  of  subsections  (a)  and (b) of this section the
 54    weight of the controlled substance as represented by  the  person  selling  or
 55    delivering  it  is  determinative if the weight as represented is greater than
                                                                        
                                           4
                                                                        
  1    the actual weight of the controlled substance.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS11520

  
This bill is one of a series of bills that the Supreme Court has 
recommended in its annual report to the Governor concerning defects 
or omissions in the laws, as required under article V, section 25 of 
the Idaho Constitution.
  
This bill amends section 37-2732B(3), Idaho Code, which prescribes 
the penalties for trafficking in methamphetamine and/or amphetamine 
by manufacturing to correct a misprint in specifying the penalty for 
the attempted manufacture of these substances. 

Section 37-2732(B)(3), Idaho Code, defines the offense of trafficking 
in methamphetamine or amphetamine by manufacturing as the knowing 
manufacture or attempted manufacture of these substances.  However, 
in prescribing a lesser penalty for an attempt to manufacture these 
substances, this subsection refers to an "attempted trafficking . . ."
by manufacturing, rather than trafficking by attempted manufacturing,
which has raised a concern regarding the appropriate allegations to 
make in pleading the application of this provision. This ambiguity 
has been corrected by deleting the word "attempted" as it modifies 
the word "trafficking" and inserting it immediately before the word 
"manufacturing," so that this phrase will correctly read, 
"trafficking . . . by attempted manufacturing."



                            FISCAL NOTE

  This bill will not have an impact on state or local funds.

Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246

Statement of Purpose/Fiscal Note          S 1283