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SPONSOR: |
Saavedra |
DATE TYPED: |
|
HB |
284 |
||
SHORT TITLE: |
Trafficking of Methamphetamine |
SB |
|
||||
|
ANALYST: |
Fox-Young |
|||||
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
$0.1
Significant |
Recurring |
General Fund |
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB 176
Responses Received From
Attorney General (AG)
Administrative Office of the District Attorneys
(AODA)
Administrative Office of the Courts (AOC)
Corrections Department (CD)
Public Defender Department (PDD)
SUMMARY
Synopsis of Bill
House Bill 176 amends the criminal offense of trafficking controlled substances, Section 30-31-20, to include a methamphetamine, its salts, isomers and salts of isomers.
Under current law, trafficking
includes the manufacture of any Schedule I through V drug or a controlled
substance analog and only distribution or possession with intent to distribute
Schedule I or II narcotic drugs or analogs.
This bill adds methamphetamine, its salts, isomers and salts of isomers
to these serious narcotic drugs.
Penalties and basic sentences (current and proposed) for distribution or possession with intent to distribute are as follows:
Offense Current
Penalty, Basic Sentence Proposed
Penalty, Basic Sentence
1st 3rd
degree felony, 3 years 2nd
degree felony, 9 years
2nd & subsequent 2nd degree felony, 9 years 1st
degree felony, 18 years
The total number of
methamphetamine cases flowing through the judicial process is not likely to
increase significantly; however, the increased penalties provided for distribution
or possession with intent are likely to spawn significantly more trials. As a result of the increase in the mandatory
sentence, defendants accused of distribution will have a greater incentive to
go to trial rather than accept a plea.
Because trials necessitate more resources than a plea does, courts,
district attorneys and public defenders will likely see a significant increase
in costs. Additional FTE may be
necessary in order to cover methamphetamine distribution cases without
sacrificing in other areas.
This bill will likely prompt a substantial increase in the length of sentences to the department’s custody or supervision. The Corrections Department (CD) estimates an annual increase of five to 20 prison sentences, five to 10 additional probation sentences, 10 to 30 longer prison sentences and 10 to 30 longer probation sentences.
DUPLICATION
Duplicates HB 176.
The Attorney General
(AG) notes that the word “of,” page two, line 12, should be deleted.
The AG asserts that policy
concerns related to methamphetamine include the dangerous, explosive nature of
methamphetamine labs, the prevalence of methamphetamine use in