HCS SCS SB 532, 806 & 633 -- METHAMPHETAMINE

SPONSOR: Wiggins (Hosmer)

COMMITTEE ACTION: Voted "do pass" by the Committee on Criminal Law by a vote of 13 to 0.

This substitute revises several areas of the law to increase penalties and prohibit the illegal production of methamphetamine drugs, to prevent the endangerment of children by illegal drug producers, to enable judicial circuits to institute certain drug courts, and to establish a required treatment program for certain drug offenders.

DRUG TRAFFICKING

The substitute:

(1) Increases the penalties and reduces the threshold for trafficking drugs in the first degree from 150 grams to 30 grams for the distribution, delivery, manufacture, production, or attempts to do the same of amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts of its isomers; phenmetrazine and its salts; or methylphenidate. Violations or attempts to violate these provisions are punished as follows:

(a) If the quantity involved is more than 30 grams but less than 90 grams, it is a class A felony (10-30 years);

(b) If the quantity involved is 90 grams or more, or the location of the offense is within 2,000 feet of a school, or public housing, as defined in Section 195.214 or 195.218, or within a motor vehicle or any structure or building which contains rooms furnished for the accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient or permanent guests, it is a class A felony without probation or parole;

(2) Increases the penalties and reduces the quantities for trafficking drugs in the second degree if a person possesses, purchases, attempts to purchase, has under his or her control, or brings into this state more than 30 grams of the same chemicals listed for first degree trafficking. Violations of second degree trafficking or attempts to do the same are punished as follows:

(a) If the amount is more than 30 but less than 90 grams, a class B felony (5-15 years). Under current law, the quantities are more than 150 grams but less than 450 grams;

(b) If the quantity is 90 grams or more but less than 450 grams, a class A felony. Currently, a quantity of 450 grams or more is a class A felony;

(c) If the quantity is 450 grams or more, is a class A felony to be served without probation or parole;

(3) Amends the list of regulated chemicals by: including the esters of Anthranilic acid, Nacetylanthrilic acid, and Phenylacetic acid; removes Acetic anhydride and Hydriotic acid. Removes duplicated chemicals from the schedule and adds sulfuric acid, iodine, and red phosphorous. These substances currently under federal regulations are the primary chemicals used in methamphetamine labs. The substitute also corrects the spelling for propionic anhydride and isosafrole;

(4) Makes it a class D felony for a person to knowingly encourage, or cause a child less than 17 to engage in conduct which aids the manufacture, production, sale, transport, testing or analysis of methamphetamine or causes a violation of Chapter 195, RSMo.;

(5) Clarifies that a report from any state or federal crime laboratory can be offered into evidence at a preliminary hearing;

(6) Makes it a class C felony to possess chemicals or precursor ingredients of methamphetamine. The state is allowed by expert testimony to establish a prima facie case that a noncontrolled chemical is a precursor ingredient for producing methamphetamine;

(7) Expands the Department of Corrections' long-term treatment program for nonviolent offenders with no prior conviction of a dangerous felony to include serious substance abuse addictions. Under the current program, only cocaine addicts qualify for the program;

(8) Makes stealing of materials or the theft of anhydrous ammonia with a value of less than $150 used to make methamphetamine a class D felony; and

(9) Makes it a class D felony for any person to provide precursor materials used in the production of a controlled substance to another person knowing the materials are intended to be used to produce a controlled substance;

DRUG COURTS

The substitute authorizes local circuit courts to establish drug courts. A drug court must combine judicial supervision, drug testing, and treatment of participants. Upon the offender's successful completion of the treatment program, the offender's case may be dismissed, reduced, or modified. Circuit courts may appoint a drug court commissioner for a term of 4 years. Judgments of a commissioner must be confirmed or rejected by a circuit judge. The defendant must be nonviolent to be eligible, a determination made by the prosecuting attorney. Statements made as a result of participation in the program are not admissible as evidence in any proceeding, but reasons for any termination from the program may be considered in sentencing. State agencies will provide drug court staff access to all relevant records regarding the participant, which shall be treated as closed records.

REQUIRED EDUCATIONAL ASSESSMENT AND COMMUNITY TREATMENT PROGRAM (REACT)

The substitute requires courts to order an offender for certain drug offenses to begin an educational assessment and community treatment program within 60 days of probation, as a condition of probation. The fees for the program will be paid in whole or in part by the offender plus a supplemental fee of $60. The supplemental fees, less 2% administrative cost, will be deposited in the Correctional Substance Abuse Earnings Fund. This fund created in the state treasury will be used for assistance in securing alcohol and drug rehabilitation services. The substitute allows managed care agreements entered into by the Department of Corrections and the Department of Mental Health.

MULTIJURISDICTIONAL INTERSTATE ENFORCEMENT AGREEMENTS

The substitute allows interstate agreements for the enforcement of controlled substance laws. Under the substitute, a county bordering another state and any political subdivision within such county may reach an agreement with the political subdivision of another state's adjacent county, to form a multijurisdictional drug enforcement group. The members of the multijurisdictional drug enforcement group have all the investigatory powers, powers of arrest, privileges, and immunities of law enforcement officers of this state, if the officers of the other state are certified officers in that state. The substitute makes the enforcement group eligible to receive state grants to defray operational costs.

LIQUOR LICENSES

The substitute allows automatic revocation of liquor license for a felony violation of Chapter 195, RSMo., done in the course of business. Current law provides for liquor license revocation for a liquor control violation.

MISCELLANEOUS AND TECHNICAL CHANGES

The substitute:

(1) Amends the definition of "manufacture" to require a person to have a prescription or practitioner's order to qualify for the self-use exclusion;

(2) Allows the Department of Health to terminate a restriction or limitation early if a registrant remains in compliance with state law. Under current law the department does not have the authority to terminate a restriction or limitation once imposed;

(3) Clarifies that the Department of Health may suspend, revoke, warn, censure, limit, or deny an application of a registrant who is not in compliance with state law. The department may bar an applicant from reapplying for a new registration for one to 5 years;

(4) Makes it a class D felony to use paraphernalia to make, test, or analyze methamphetamine or amphetamine; and

(5) Makes technical changes to Chapter 195, RSMo., by removing duplicated language and placing language in the correct statutory sections.

FISCAL NOTE: Estimated Net Cost to General Revenue Fund of $112,818 in FY 1999, $3,214,547 in FY 2000, and $6,330,130 in FY 2001. The cost does not include unknown cost to the Department of Corrections for indeterminable increase in the number of incarcerations which would result from this proposal. Net Effect to Correctional Substance Abuse Earnings Fund of $0 in FY 1999, FY 2000, and FY 2001.

PROPONENTS: Supporters say that the legislation is necessary to fight methamphetamine production in this state.

Testifying for the bill were Senator Wiggins; Office of the Attorney General; Missouri Police Chiefs Association; Missouri Sheriffs Association; Missouri Pharmacy Association; Missouri Deputy Sheriffs Association; Missouri Fraternal Order of Police; and Jackson County Prosecutor's Office.

OPPONENTS: Those who oppose the bill say that the legislation contains telephonic search warrants, which may be unconstitutional.

Testifying against the bill were Missouri Association of Criminal Defense Lawyers; and American Civil Liberties Union.

Michael Warrick, Legislative Analyst

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