View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 ofattemptedtrafficking 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 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