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H0519................................by JUDICIARY, RULES AND ADMINISTRATION
CONTROLLED SUBSTANCE INVESTIGATIONS - Amends existing law to allow for a
court to order restitution for costs incurred by law enforcement agencies
in investigating misdemeanor violations of the Uniform Controlled
Substances Act.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Black, Eskridge, Jones, McKague, Stevenson, Mr.
Speaker
Floor Sponsor - Edmunson
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Sweet, Werk
NAYS -- None
Absent and excused -- Brandt, Cameron, Noh, Stennett, Williams
Floor Sponsor - Lodge
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 242
Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 519
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT; AMENDING SECTION 37-2732,
3 IDAHO CODE, TO ALLOW FOR A COURT TO ORDER RESTITUTION FOR COSTS INCURRED
4 BY LAW ENFORCEMENT AGENCIES IN INVESTIGATING MISDEMEANOR VIOLATIONS OF THE
5 UNIFORM CONTROLLED SUBSTANCES ACT AND TO MAKE A TECHNICAL CORRECTION; AND
6 DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 37-2732, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 37-2732. PROHIBITED ACTS A -- PENALTIES. (a) Except as authorized by this
11 chapter, it is unlawful for any person to manufacture or deliver, or possess
12 with intent to manufacture or deliver, a controlled substance.
13 (1) Any person who violates this subsection with respect to:
14 (A) a controlled substance classified in schedule I which is a nar-
15 cotic drug or a controlled substance classified in schedule II,
16 except as provided for in section 37-2732B(a)(3), Idaho Code, is
17 guilty of a felony and upon conviction may be imprisoned for a term
18 of years not to exceed life imprisonment, or fined not more than
19 twenty-five thousand dollars ($25,000), or both;
20 (B) any other controlled substance which is a nonnarcotic drug clas-
21 sified in schedule I, or a controlled substance classified in sched-
22 ule III, is guilty of a felony and upon conviction may be imprisoned
23 for not more than five (5) years, fined not more than fifteen thou-
24 sand dollars ($15,000), or both;
25 (C) a substance classified in schedule IV, is guilty of a felony and
26 upon conviction may be imprisoned for not more than three (3) years,
27 fined not more than ten thousand dollars ($10,000), or both;
28 (D) a substance classified in schedules V and VI, is guilty of a
29 misdemeanor and upon conviction may be imprisoned for not more than
30 one (1) year, fined not more than five thousand dollars ($5,000), or
31 both.
32 (b) Except as authorized by this chapter, it is unlawful for any person
33 to create, deliver, or possess with intent to deliver, a counterfeit sub-
34 stance.
35 (1) Any person who violates this subsection with respect to:
36 (A) a counterfeit substance classified in schedule I which is a nar-
37 cotic drug, or a counterfeit substance classified in schedule II, is
38 guilty of a felony and upon conviction may be imprisoned for not more
39 than fifteen (15) years, fined not more than twenty-five thousand
40 dollars ($25,000), or both;
41 (B) any other counterfeit substance classified in schedule I which
42 is a nonnarcotic drug contained in schedule I or a counterfeit sub-
43 stance contained in schedule III, is guilty of a felony and upon con-
2
1 viction may be imprisoned for not more than five (5) years, fined not
2 more than fifteen thousand dollars ($15,000), or both;
3 (C) a counterfeit substance classified in schedule IV, is guilty of
4 a felony and upon conviction may be imprisoned for not more than
5 three (3) years, fined not more than ten thousand dollars ($10,000),
6 or both;
7 (D) a counterfeit substance classified in schedules V and VI or a
8 noncontrolled counterfeit substance, is guilty of a misdemeanor and
9 upon conviction may be imprisoned for not more than one (1) year,
10 fined not more than five thousand dollars ($5,000), or both.
11 (c) It is unlawful for any person to possess a controlled substance
12 unless the substance was obtained directly from, or pursuant to, a valid pre-
13 scription or order of a practitioner while acting in the course of his profes-
14 sional practice, or except as otherwise authorized by this chapter.
15 (1) Any person who violates this subsection and has in his possession a
16 controlled substance classified in schedule I which is a narcotic drug or
17 a controlled substance classified in schedule II, is guilty of a felony
18 and upon conviction may be imprisoned for not more than seven (7) years,
19 or fined not more than fifteen thousand dollars ($15,000), or both.
20 (2) Any person who violates this subsection and has in his possession
21 lysergic acid diethylamide is guilty of a felony and upon conviction may
22 be imprisoned for not more than three (3) years, or fined not more than
23 five thousand dollars ($5,000), or both.
24 (3) Any person who violates this subsection and has in his possession a
25 controlled substance which is a nonnarcotic drug classified in schedule I
26 except lysergic acid diethylamide, or a controlled substance classified in
27 schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction
28 thereof may be imprisoned for not more than one (1) year, or fined not
29 more than one thousand dollars ($1,000), or both.
30 (d) It shall be unlawful for any person to be present at or on premises
31 of any place where he knows illegal controlled substances are being manufac-
32 tured or cultivated, or are being held for distribution, transportation,
33 delivery, administration, use, or to be given away. A violation of this sec-
34 tion shall deem those persons guilty of a misdemeanor and upon conviction
35 shall be punished by a fine of not more than three hundred dollars ($300) and
36 not more than ninety (90) days in the county jail, or both.
37 (e) If any person is found to possess marijuana, which for the purposes
38 of this subsection shall be restricted to all parts of the plants of the genus
39 Cannabis, including the extract or any preparation of cannabis which contains
40 tetrahydrocannabinal tetrahydrocannabinol, in an amount greater than three (3)
41 ounces net weight, it shall be a felony and upon conviction may be imprisoned
42 for not more than five (5) years, or fined not more than ten thousand dollars
43 ($10,000), or both.
44 (f) If two (2) or more persons conspire to commit any offense defined in
45 this act, said persons shall be punishable by a fine or imprisonment, or both,
46 which may not exceed the maximum punishment prescribed for the offense, the
47 commission of which was the object of the conspiracy.
48 (g) (1) It is unlawful for any person to manufacture or distribute a
49 "simulated controlled substance," or to possess with intent to distribute,
50 a "simulated controlled substance." Any person who violates this subsec-
51 tion shall, upon conviction, be guilty of a misdemeanor and upon convic-
52 tion thereof shall be punished by a fine of not more than one thousand
53 dollars ($1,000) and not more than one (1) year in the county jail, or
54 both.
55 (2) It is unlawful for any person to possess a "simulated controlled sub-
3
1 stance." Any person who violates this subsection shall, upon conviction,
2 be guilty of a misdemeanor and upon conviction thereof shall be punished
3 by a fine of not more than three hundred dollars ($300) and not more than
4 six (6) months in the county jail, or both.
5 (h) It is unlawful for any person to cause to be placed in any newspaper,
6 magazine, handbill, or other publication, or to post or distribute in any pub-
7 lic place, any advertisement or solicitation offering for sale simulated con-
8 trolled substances. Any person who violates this subsection is guilty of a
9 misdemeanor and shall be punished in the same manner as prescribed in subsec-
10 tion (g) of this section.
11 (i) No civil or criminal liability shall be imposed by virtue of this
12 chapter on any person registered under the Uniform Controlled Substances Act
13 who manufactures, distributes, or possesses an imitation controlled substance
14 for use as a placebo or other use by a registered practitioner, as defined in
15 section 37-2701(z), Idaho Code, in the course of professional practice or
16 research.
17 (j) No prosecution under this chapter shall be dismissed solely by reason
18 of the fact that the dosage units were contained in a bottle or other con-
19 tainer with a label accurately describing the ingredients of the imitation
20 controlled substance dosage units. The good faith of the defendant shall be an
21 issue of fact for the trier of fact.
22 (k) Upon conviction of a felony or misdemeanor violation under this chap-
23 ter or upon conviction of a felony pursuant to the "racketeering act," section
24 18-7804, Idaho Code, or the money laundering and illegal investment provisions
25 of section 18-8201, Idaho Code, the court may order restitution for costs
26 incurred by law enforcement agencies in investigating the violation. Law
27 enforcement agencies shall include, but not be limited to, the Idaho state
28 police, county and city law enforcement agencies, the office of the attorney
29 general and county and city prosecuting attorney offices. Costs shall include,
30 but not be limited to, those incurred for the purchase of evidence, travel and
31 per diem for law enforcement officers and witnesses throughout the course of
32 the investigation, hearings and trials, and any other investigative or prose-
33 cution expenses actually incurred, including regular salaries of employees. In
34 the case of reimbursement to the Idaho state police, those moneys shall be
35 paid to the Idaho state police for deposit into the drug enforcement donation
36 fund created in section 57-816, Idaho Code. In the case of reimbursement to
37 the office of the attorney general, those moneys shall be paid to the general
38 fund. A conviction for the purposes of this section means that the person has
39 pled guilty or has been found guilty, notwithstanding the form of the
40 judgment(s) or withheld judgment(s).
41 SECTION 2. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 13487
Idaho Code 37-2732 (K) allows restitution to be sought from
offenders, upon sentencing, for the analysis of felony controlled
substances. Restitution amounts paid to the Idaho State Police are
deposited into the drug enforcement donation fund created in
section 57-816, Idaho Code. Restitution funds received by the
laboratory are used to pay a portion of the cost to analyze drug
evidence submitted by law enforcement agencies; purchase, repair
and maintain instruments, equipment and supplies; and pay for
training and general operations/maintenance of the laboratory.
The purpose of this proposal is to seek restitution for the
analysis of controlled substances for conviction on misdemeanor
drug offenses as well as felony drug offenses. The laboratory
incurs the same analysis expense regardless of whether the evidence
results in a felony or misdemeanor conviction.
FISCAL IMPACT
It is estimated that this proposal may generate up to $50,000
annually for the Idaho State Police. These funds will be added to
the Drug Enforcement Donation Account as outlined in the Funds
Consolidation Act, Idaho Code 57-816.
CONTACT
Name: Ann Cronin
Agency: Idaho State Police
Phone: (208) 884-7002
Statement of Purpose/Fiscal Impact H 519