REPORT TITLE:
Dangerous Drugs


DESCRIPTION:
Repeals mandatory terms of imprisonment for the promotion of
dangerous drugs in the third degree for persons convicted of
possession of methamphetamine.  Requires convicted persons who
are sentenced to probation to pay for and participate in an
appropriate drug treatment or education program.  (SB2935 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2935
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
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 of methamphetamines to counter
 
 3 increased property and violent crimes associated with the use of
 
 4 this dangerous drug.
 
 5      SECTION 2.  Section 712-1243, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (3) to read as follows:
 
 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, the person convicted shall be
 
11 sentenced to an indeterminate term of imprisonment of five years
 
12 with a mandatory minimum term of imprisonment, the length of
 
13 which shall be not less than thirty days and not greater than
 
14 two-and-a-half years, at the discretion of the sentencing court.
 
15 The person convicted shall not be eligible for parole during the
 
16 mandatory period of imprisonment.] A person who is sentenced to
 
17 probation under this section for an offense of promoting a
 
18 dangerous drug in the third degree involving the possession of
 
19 metamphetamine shall be required to participate in an appropriate
 
20 drug treatment or education program administered by a qualified 
 

 
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                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1 agency or organization that provides such programs to persons who
 
 2 abuse controlled substances.  Each person enrolled in a drug
 
 3 treatment or education program shall be required to pay for
 
 4 participation in the program to the extent of the person's
 
 5 financial ability."
 
 6      SECTION 3.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 4.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 5.  This Act shall take effect upon its approval.