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2005 SESSION

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HB 2438 Methamphetamine; manufacturing when person under 18 yrs. of age is present, penalty.

Introduced by: Charles W. Carrico, Sr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Penalties for methamphetamine manufacture.  Increases the penalty for manufacturing certain amounts of methamphetamine or less than 200 grams of a mixture containing methamphetamine from a range of five to 40 years to a range of 10 to 40 years.  For a second conviction the range is increased from five years to life to 10 years to life, and for a third or subsequent conviction the range is established as 10 years to life with a mandatory minimum term of imprisonment of three years.  There is a provision for the court to order restitution to an innocent property owner whose property is damaged, or rendered unusable, as a result of methamphetamine production.  The bill makes it a felony punishable by imprisonment of 10 to 40 years for any person in a custodial relationship over a child under the age of 18 to knowingly allow that child to be present during the manufacture or attempted manufacture of methamphetamine.  Certain state agencies are required to establish a multi-agency work group to create a best practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites.  The Division of Forensic Science is required to create a best practices protocol regarding the retention and handling of the by-products of methamphetamine production after testing is conducted on behalf of law-enforcement officials.

SUMMARY AS PASSED HOUSE:

Penalties for methamphetamine manufacture.  Doubles the minimum penalty, from 5 to 10 years imprisonment, for manufacturing methamphetamine if the amount is 200 grams or more, and imposes enhanced punishment for a second or subsequent offense.  

SUMMARY AS INTRODUCED:

Penalties for methamphetamine manufacture.  Doubles the minimum penalty, from 5 to 10 years imprisonment, for manufacturing methamphetamine if the amount is 200 grams or more, and imposes enhanced punishment for a second or subsequent offense. The bill also provides that any person 18 years of age or older who maintains a custodial relationship over a child under the age of 18 and who allows that child to be present during the felonious manufacture or attempted manufacture of methamphetamine shall be imprisoned for not less than 10 nor more than 40 years to be served in addition to and consecutively with any other sentence.