Report Title:

Promoting Drugs to Minors; Enhanced Sentences

Description:

Imposes enhanced sentences for adults who promote dangerous, harmful, or detrimental drugs to minors or who sell drugs near schools or school vehicles, including mandatory terms of imprisonment without possibility of probation or suspension of sentence.

HOUSE OF REPRESENTATIVES

H.B. NO.

490

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE PENAL CODE.

 

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

SECTION 1. Section 712-1241, Hawaii Revised Statutes, is amended to read as follows:

"712-1241 Promoting a dangerous drug in the first degree. (1) A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:

(a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:

(i) One ounce or more, containing methamphetamine, heroin, morphine, or cocaine or any of their respective salts, isomers, and salts of isomers; or

(ii) One and one-half ounce or more, containing one or more of any of the other dangerous drugs; or

(b) Distributes:

(i) Twenty-five or more capsules, tablets, ampules, dosage units, or syrettes containing one or more dangerous drugs; or

(ii) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:

(A) One-eighth ounce or more, containing methamphetamine, heroin, morphine, or cocaine or any of their respective salts, isomers, and salts of isomers; or

(B) Three-eighths ounce or more, containing any other dangerous drug;

(c) Distributes any dangerous drug in any amount to a minor; or

(d) Manufactures a dangerous drug in any amount; provided that this subsection shall not apply to any person registered under section 329-32.

(2) Promoting a dangerous drug in the first degree is a class A felony.

(3) Notwithstanding any law to the contrary, except for first-time offenders sentenced under section 706-622.5, if the commission of the offense of promoting a dangerous drug in the first degree under this section involved the possession, distribution, or manufacture of methamphetamine, or any of its salts, isomers, and salts of isomers, the person convicted shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment, the length of which shall be not less than one year and not greater than ten years, at the discretion of the sentencing court for a conviction under subsection (1)(a)[,] or (1)(b)[, or (1)(c)] and not less than ten years for a conviction under subsection (1)(d). The person convicted shall not be eligible for parole during the mandatory term of imprisonment.

(4) Notwithstanding any law to the contrary, any person who is convicted of distributing any dangerous drug in any amount to a minor under subsection (1)(c) shall be sentenced to an indeterminate term of imprisonment of years with a mandatory minimum term of imprisonment, the length of which shall be not less than years and not greater than years, without possibility of probation or suspension of sentence."

SECTION 2. Section 712-1244, Hawaii Revised Statutes, is amended to read as follows:

"712-1244 Promoting a harmful drug in the first degree. (1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:

(a) Possesses one hundred or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or

(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or

(c) Distributes twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or

(d) Distributes one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one- eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or

(e) Distributes any harmful drug or any marijuana concentrate in any amount to a minor.

(2) Promoting a harmful drug in the first degree is a class A felony.

(3) Notwithstanding any law to the contrary, any person who is convicted of distributing any harmful drug or any marijuana concentrate in any amount to a minor under subsection (1)(e) shall be sentenced to an indeterminate term of imprisonment of years with a mandatory minimum term of imprisonment, the length of which shall be not less than       years and not greater than years, without possibility of probation or suspension of sentence."

SECTION 3. Section 712-1247, Hawaii Revised Statutes, is amended to read as follows:

"712-1247 Promoting a detrimental drug in the first degree. (1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly:

(a) Possesses four hundred or more capsules or tablets containing one or more of the Schedule V substances; or

(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing one or more of the Schedule V substances; or

(c) Distributes fifty or more capsules or tablets containing one or more of the Schedule V substances; or

(d) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one- eighth ounce or more, containing one or more of the Schedule V substances; or

(e) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one pound or more, containing any marijuana; or

(f) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing any marijuana; or

(g) Possesses, cultivates, or has under the person's control twenty-five or more marijuana plants; or

(h) Sells or barters any marijuana or any Schedule V substance in any amount[.]; or

(i) Distributes any detrimental drug or any marijuana in any amount to a minor.

(2) Promoting a detrimental drug in the first degree is a class C felony.

(3) Any marijuana seized as evidence of a violation of this section in excess of one pound may be destroyed after it has been photographed and the weight thereof recorded. The remainder of the marijuana shall remain in the custody of the police department until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or to restrict the application of Rule 901 of the Hawaii Rules of Evidence.

(4) Notwithstanding any law to the contrary, any person who is convicted of distributing any detrimental drug or any marijuana in any amount to a minor under subsection (1)(i) shall be sentenced to an indeterminate term of imprisonment of years with a mandatory minimum term of imprisonment, the length of which shall be not less than years and not greater than      years, without possibility of probation or suspension of sentence."

SECTION 4. Section 712-1249.6, Hawaii Revised Statutes, is amended to read as follows:

"712-1249.6 Promoting a controlled substance in, on, or near schools or school vehicles. (1) A person commits the offense of promoting a controlled substance in, on, or near schools or school vehicles if the person knowingly:

(a) Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a public or private elementary or secondary school;

(b) Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred and fifty feet of the real property comprising a public or private elementary or secondary school; or

(c) Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children.

(2) Promoting a controlled substance in, on, or near schools or school vehicles is a class C felony.

(3) Notwithstanding any law to the contrary, any person who is convicted under subsection (1) shall be sentenced to an indeterminate term of imprisonment of years with a mandatory minimum term of imprisonment, the length of which shall be not less than years and not greater than years, without possibility of probation or suspension of sentence.

[(3)] (4) Any person with prior conviction or convictions under this section is punishable by a term of imprisonment of not less than two years and not more than ten years[.], without possibility of probation or suspension of sentence.

[(4)] (5) Any individual convicted under subsection [(3) of this section] (4) shall not be eligible for parole until the individual has served the minimum sentence required by such subsection.

[(5)] (6) For the purposes of this section, "school vehicle" means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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