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H0589aa..............................by JUDICIARY, RULES AND ADMINISTRATION
CONTROLLED SUBSTANCES - CHILDREN - Amends existing law relating to uniform
controlled substances to revise the penalties applicable to the manufacture
or delivery of methamphetamine or amphetamine where children are present.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/16 Rpt out - to Gen Ord
Rpt out amen - to engros
02/17 Rpt engros - 1st rdg - to 2nd rdg as amen
02/20 2nd rdg - to 3rd rdg as amen
02/23 3rd rdg as amen - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Edmunson, Ellsworth, Eskridge, Field(18),
Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake,
LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker),
Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Barraclough, Brackett, Denney, Field(23), Sali,
Wood
Floor Sponsor - Ring
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Davis
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/15 Governor signed
Session Law Chapter 76
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 589
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2737A, IDAHO
3 CODE, TO REVISE THE PENALTIES APPLICABLE TO THE MANUFACTURE OR DELIVERY OF
4 METHAMPHETAMINE OR AMPHETAMINE WHERE CHILDREN ARE PRESENT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 37-2737A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 37-2737A. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN
9 ARE PRESENT. (1) Except as authorized in this chapter, it is unlawful for any
10 person to manufacture or deliver, or possess with the intent to manufacture or
11 deliver, a controlled substance as defined in schedules I, II, III and IV in
12 this chapter, upon the same premises where a child under the age of eighteen
13 (18) years is present.
14 (2) As used in this section, "premises" means any:
15 (a) Motor vehicle or vessel;
16 (b) Dwelling or rental unit including, but not limited to, apartment,
17 townhouse, condominium, mobile home, manufactured home, motel room or
18 hotel room;
19 (c) Dwelling house, its curtilage and any other outbuildings.
20 (3) Except as provided in subsection (4) of this section, aA person who
21 violates the provisions of this section shall be guilty of a felony and upon
22 conviction may be imprisoned for a term not to exceed five (5) years, fined
23 not more than five thousand dollars ($5,000), or be both so imprisoned and
24 fined.
25 (4) A person who violates the provisions of this section by manufacturing
26 or delivering, or possessing with the intent to manufacture or deliver, meth-
27 amphetamine or amphetamine in quantities as specified in section
28 37-2732B(a)(5), Idaho Code, shall be guilty of a felony and upon conviction
29 may be imprisoned for a term of up to ten (10) years, fined not more than
30 twenty-five thousand dollars ($25,000), or be both so imprisoned and fined.
31 (5) Any fine imposed under the provisions of this section shall be in
32 addition to the fine imposed for any other offense, and any term of imprison-
33 ment shall be consecutive to any term imposed for any other offense, regard-
34 less of whether the violation of the provisions of this section and any of the
35 other offenses have arisen from the same act or transaction.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Ring
Seconded by Field (18)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 589
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 28, delete "(a)(5)" and insert:
3 "(a)(4)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 589, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2737A, IDAHO
3 CODE, TO REVISE THE PENALTIES APPLICABLE TO THE MANUFACTURE OR DELIVERY OF
4 METHAMPHETAMINE OR AMPHETAMINE WHERE CHILDREN ARE PRESENT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 37-2737A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 37-2737A. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN
9 ARE PRESENT. (1) Except as authorized in this chapter, it is unlawful for any
10 person to manufacture or deliver, or possess with the intent to manufacture or
11 deliver, a controlled substance as defined in schedules I, II, III and IV in
12 this chapter, upon the same premises where a child under the age of eighteen
13 (18) years is present.
14 (2) As used in this section, "premises" means any:
15 (a) Motor vehicle or vessel;
16 (b) Dwelling or rental unit including, but not limited to, apartment,
17 townhouse, condominium, mobile home, manufactured home, motel room or
18 hotel room;
19 (c) Dwelling house, its curtilage and any other outbuildings.
20 (3) Except as provided in subsection (4) of this section, aA person who
21 violates the provisions of this section shall be guilty of a felony and upon
22 conviction may be imprisoned for a term not to exceed five (5) years, fined
23 not more than five thousand dollars ($5,000), or be both so imprisoned and
24 fined.
25 (4) A person who violates the provisions of this section by manufacturing
26 or delivering, or possessing with the intent to manufacture or deliver, meth-
27 amphetamine or amphetamine in quantities as specified in section
28 37-2732B(a)(4), Idaho Code, shall be guilty of a felony and upon conviction
29 may be imprisoned for a term of up to ten (10) years, fined not more than
30 twenty-five thousand dollars ($25,000), or be both so imprisoned and fined.
31 (5) Any fine imposed under the provisions of this section shall be in
32 addition to the fine imposed for any other offense, and any term of imprison-
33 ment shall be consecutive to any term imposed for any other offense, regard-
34 less of whether the violation of the provisions of this section and any of the
35 other offenses have arisen from the same act or transaction.
STATEMENT OF PURPOSE
RS 15893C1
The purpose of this legislation is to provide for a prison
sentence or fine, or both, for conviction of the manufacture or
sale of methamphetamine or amphetamine in the presence of a
child.
FISCAL NOTE
This legislation may increase the prison population, but an exact
cost cannot be determined.
Contact
Name: Representative Ring
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 589