Report Title:
Manufacturing of illegal substances; penalties
Description:
Restores the previously existing 10 year mandatory minimum prison term for those convicted of manufacturing methamphetamine. Raises the mandatory minimum for manufacturers of methamphetamine who cause death or serious bodily injury from 10 years to 12 years. Restores the previous class A felony classification for the manufacture of any quantity of methamphetamine.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2294 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DRUGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712-1240.6, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows.
"(2) The manufacture[,] in any amount, of one or more preparations, compounds, mixtures, or substances of methamphetamine, or any of its salts, isomers, and salts of isomers of methamphetamine, or the distribution[,] or dispensing of or possession with intent to manufacture, distribute, or dispense one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more of methamphetamine, or any of its salts, isomers, and salts of isomers is a class A felony with a mandatory minimum prison term of [five] ten years; provided however:
(a) If death or serious bodily injury as defined in section 707-700 to any person other than the defendant, results from the manufacture, distribution, or dispensing of or possession with intent to manufacture, distribute, or dispense any methamphetamine substance, conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of [ten] twelve years and a fine not to exceed $4,000,000 if the defendant is an individual, or a fine not to exceed $10,000,000 if the defendant is other than an individual; and
(b) If the defendant has been convicted of any felony drug offense prior to conviction of the offense under this section, conviction under this section shall be punishable by a term of life imprisonment with the possibility of parole, with a mandatory minimum prison term of fifteen years and a fine not to exceed $8,000,000 if the defendant is an individual, or a fine not to exceed $20,000,000 if the defendant is other than an individual.
(3) The [manufacture,] distribution[,] or dispensing of one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one-eighth ounce of methamphetamine, or any of its salts, isomers, and salts of isomers is a class B felony with a mandatory minimum prison term of three years; provided however:
(a) If death or serious bodily injury as defined in section 707-700 to any person other than the defendant results from the [manufacture,] distribution or dispensing of any methamphetamine substance, conviction under this section shall be treated as a class B felony, with a mandatory minimum prison term of five years and a fine not to exceed $2,000,000 if the defendant is an individual, or a fine not to exceed $5,000,000 if the defendant is other than an individual; and
(b) If the defendant has been convicted of any felony drug offense prior to conviction of the offense under this section, conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of eight years and a fine not to exceed $4,000,000 if the defendant is an individual, or a fine not to exceed $10,000,000 if the defendant is other than an individual.
(c) If the distribution or dispensing of any amount of a methamphetamine substance is to a minor, then conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of five years."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |