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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 - 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
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