REPORT TITLE:
Dangerous Drugs


DESCRIPTION:
Eliminates mandatory imprisonment for promoting dangerous drugs
in the second degree and promoting dangerous drugs in the third
degree.

 
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                                                        2935
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DANGEROUS DRUGS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to amend existing
 
 2 penalties for the possession or distribution of methamphetamines
 
 3 to counter increased property and violent crimes associated with
 
 4 the use of this dangerous drug.
 
 5      SECTION 2.  Section 712-1242, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "712-1242  Promoting a dangerous drug in the second degree.
 
 8 (1)  A person commits the offense of promoting a dangerous drug
 
 9 in the second degree if the person knowingly:
 
10      (a)  Possesses twenty-five or more capsules, tablets,
 
11           ampules, dosage units, or syrettes, containing one or
 
12           more dangerous drugs; or
 
13      (b)  Possesses one or more preparations, compounds,
 
14           mixtures, or substances of an aggregate weight of:
 
15           (i)  One-eight ounce or more, containing
 
16                methamphetamine, heroin, morphine, or cocaine or
 
17                any of their respective salts, isomers, and salts
 
18                of isomers; or
 
19          (ii)  One-fourth ounce or more, containing any dangerous
 

 
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 1                drug; or
 
 2      (c)  Distributes any dangerous drug in any amount.
 
 3      (2)  Promoting a dangerous drug in the second degree is a
 
 4 class B felony.
 
 5      (3)  Notwithstanding any law to the contrary, if the
 
 6 commission of the offense of promoting a dangerous drug in the
 
 7 second degree under this section involved the possession or
 
 8 distribution of methamphetamine, or any of its salts, isomers,
 
 9 and salts of isomers, the person convicted [shall be sentenced to
 
10 an indeterminate term of imprisonment of ten years with a
 
11 mandatory minimum term of imprisonment, the length of which shall
 
12 be not less than six months and not greater than five years, at
 
13 the discretion of the sentencing court.  The person convicted
 
14 shall not be eligible for parole during the mandatory period of
 
15 imprisonment] who is sentenced to probation shall be required to
 
16 participate in an appropriate drug treatment or education program
 
17 administered by a qualified agency or organization that provides
 
18 such programs to persons who abuse controlled substances.  Each
 
19 person enrolled in a drug treatment or education program shall be
 
20 required to pay for participation in the program to the extent of
 
21 the person's financial ability."
 
22      SECTION 3.  Section 712-1243, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "712-1243 Promoting a dangerous drug in the third degree.
 
 2 (1)  A person commits the offense of promoting a dangerous drug
 
 3 in the third degree if the person knowingly possesses any
 
 4 dangerous drug in any amount.
 
 5      (2)  Promoting a dangerous drug in the third degree is a
 
 6 class C felony.
 
 7      (3)  Notwithstanding any law to the contrary, if the
 
 8 commission of the offense of promoting a dangerous drug in the
 
 9 third degree under this section involved the possession or
 
10 distribution of methamphetamine, or any of its salts, isomers,
 
11 and salts of isomers, the person convicted [shall be sentenced to
 
12 an indeterminate term of imprisonment of five years with a
 
13 mandatory minimum term of imprisonment, the length of which shall
 
14 be not less than thirty days and not greater than two-and-a-half
 
15 years, at the discretion of the sentencing court.  The person
 
16 convicted shall not be eligible for parole during the mandatory
 
17 period of imprisonment.] who is sentenced to probation shall be
 
18 required to participate in an appropriate drug treatment or
 
19 education program administered by a qualified agency or
 
20 organization that provides such programs to persons who abuse
 
21 controlled substances.  Each person enrolled in a drug treatment
 
22 or education program shall be required to pay for participation
 
23 in the program to the extent of the person's financial ability."
 

 
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 1      SECTION 4.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 5.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________
 

 
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