Report Title:

Attorney General; Drugs

Description:

Establishes the Drug Busters Program within the Department of the Attorney General to aggressively combat the sale and distribution of illegal drugs. Provides funding for drug prevention, enforcement, and treatment.

 

THE SENATE

S.B. NO.

1513

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO drugs.

 

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

SECTION 1. The legislature finds that drug use is becoming epidemic in the State. Crystal methamphetamine appeared in Hawaii in 1985 and was initially distributed by gangs. The U.S. Attorney has stated that crystal methamphetamine is one of the most serious public health issues in Hawaii and the Pacific region. The easy availability and high profitability of crystal methamphetamine, commonly known as "ice" because of its clear crystal icy appearance, has made this the drug of choice in Hawaii. It has been reported that Hawaii is recognized nationwide as the number one state in the country in the use of ice. In addition, according to a recent U.S. Department of Justice report, among thirty-seven major metropolitan areas, Honolulu has the highest percentage of arrested males testing positive for crystal methamphetamine.

Newspaper accounts of loss of life, injury, and property damage caused by ice-related crimes are becoming more common as these crimes continue to increase and the drug becomes more popular and easily available. Property crimes are also on the rise as the contraband from burglaries is frequently used to obtain ice. Those who are involved in the distribution of ice are unconcerned with the devastation it causes the families involved and the community as a whole. It is simply viewed as a source of easy income.

The physical effects of using ice on a person's body are frightening, a fact that most first-time users are unaware of. While ice appears to enhance a person's mood and body movement, it also appears to have a neurotoxic effect, damaging brain cells. Over time, it can cause symptoms like those of Parkinson's disease, a severe movement disorder. It causes increased heart rate and blood pressure and can cause irreversible damage to blood vessels in the brain, producing strokes. Other effects of ice include respiratory problems, irregular heartbeat, and extreme anorexia. Its use can also result in cardiovascular collapse and death. Its addictiveness makes it one of the most difficult drugs to eliminate from the body.

Ice has spread rapidly because it is easily available and easily converted into a smokable form. The raw drug can be produced locally using over-the-counter drugs. The labs that produce the drug are generally very mobile, often contained in simple cardboard boxes that can be stored in a variety of places. The ability to quickly move them makes these labs extremely difficult to locate and eradicate.

Additionally, crystal methamphetamine contributes to illegal activity. Substance abuse, with crystal methamphetamine as the first drug of choice, is associated with ninety per cent of the two thousand three hundred confirmed child abuse cases in the state each year. Drug use played a role in forty-four per cent of the state's homicides, and much of the state's most high-profile violence has been linked to crystal methamphetamine use. Most recently, it was reported that Hawaii's theft rates have skyrocketed. Crystal methamphetamine users support their habits through stealing, contributing to the rise in Hawaii's larceny-theft rate to the highest in the nation.

It is imperative that the State employ a variety of measures to deal harshly with those who are involved with the distribution and sale of ice. This devastation cannot continue.

One idea that has worked in a limited trial is the use of teams of "drug busters." These teams would consist of law enforcement professionals, including persons with experience as police officers, investigators, prosecutors, military police officers, federal agents, and human services professionals. Working together undercover and at the direction of the state department of the attorney general, these teams could collaborate with local police departments to rid the state of drug distributors, community by community.

An integral part of such a program has to be prevention and rehabilitation for those who want to kick the addiction. The State must immediately establish enough drug rehabilitation centers throughout the state to address both adult and juvenile needs.

The purpose of this Act is to:

(1) Establish the drug busters program within the department of the attorney general with the authority to obtain the services of persons with law enforcement experience on a contract basis to help enforce the laws against the sale and distribution of crystal methamphetamine; and

(2) Provide funding for the new program and for enforcement, prevention, and treatment.

SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28- Drug busters program. There is established the crystal methamphetamine eradication program to be called the "drug busters program" to be placed in the department of the attorney general for administrative purposes. The purpose of the program shall be to combat the manufacture, distribution, and sale of methamphetamine in the crystalline form, commonly known as "ice.""

SECTION 3. Section 245-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Stamps shall be sold at their denominated values, plus a stamp fee of [1.7] ____ per cent of the denominated value of each stamp sold, composed of the aggregate of:

(1) .2 per cent of the denominated value of the stamp to pay for the cost to the State of providing the stamps, with such amount to be deposited to the credit of the department of taxation's cigarette tax stamp administrative special fund; [and]

(2) 1.5 per cent of the denominated value of the stamp to pay for the cost of enforcing the stamp tax, with such amount to be deposited to the credit of the department of the attorney general's cigarette tax stamp enforcement special fund; and

(3)          per cent of the denominated value of the stamp to pay for the cost to the State of crystal methamphetamine treatment, with such amount to be deposited to the credit of the department of health cigarette tax stamp treatment special fund;

provided that the department of taxation by rule may modify the stamp fee to reflect actual costs incurred by the State in providing the stamps."

SECTION 4. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Cigarette tax stamp treatment special fund. There is established in the department of health a special fund to be known as the cigarette tax stamp treatment special fund in which shall be deposited ____ per cent of the denominated value of the cigarette stamp fee to be used for crystal methamphetamine treatment."

SECTION 5. Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

"(4) There is established in the department of the attorney general a revolving fund to be known as the criminal forfeiture fund, hereinafter referred to as the "fund" in which shall be deposited one-half of the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6). All moneys in the fund shall be expended by the attorney general and are hereby appropriated for the following purposes:

(a) The payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this chapter or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property and such contract services and payments to reimburse any federal, state, or county agency for any expenditures made to perform the foregoing functions;

(b) The payment of awards for information or assistance leading to a civil or criminal proceeding;

(c) The payment of supplemental sums to state and county agencies for law enforcement purposes;[and]

(d) The payment of expenses arising in connection with programs for training and education of law enforcement officers[.]; and

(e) The payment of expenses arising in connection with enforcement pursuant to the drug busters program in the department of the attorney general."

SECTION 6. The department of the attorney general shall provide a report to the legislature at least thirty days prior to the beginning of each legislature beginning with the regular session of 2004. This report shall include:

(1) The amount of federal funding that was applied for and the amount received from each source applied to;

(2) The number of contracts filled;

(3) The number of contracts completed; and

(4) The success of the drug busters program as evidenced by:

(A) Increased arrests;

(B) Increased confiscation of "ice";

(C) Increased use of rehabilitation centers; and

(D) Any other statistical measure that is reasonably available.

SECTION 7. In addition to state funding provided by this Act, the attorney general and the director of public safety shall take all steps necessary to obtain federal funding for the drug busters program.

SECTION 8. There is appropriated out of the department of health cigarette tax stamp treatment special fund the sum of $ or so much thereof as may be necessary for fiscal year 2003-2004 for crystal methamphetamine treatment.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 9. There is appropriated out of the criminal forfeiture fund the sum of $ or so much thereof as may be necessary for fiscal year 2003-2004 for enforcement pursuant to the drug busters program.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 10. There is appropriated out of the Hawaii tobacco settlement special fund the sum of $ or so much thereof as may be necessary for fiscal year 2003-2004 for crystal methamphetamine prevention programs.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval and shall be repealed on June 30, 2008; provided that section 8, 9, and 10 shall take effect on July 1, 2003.

INTRODUCED BY:

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