H-2112.1          _______________________________________________

 

                                  HOUSE BILL 2177

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Lisk, Casada, Hochstatter, Horn, Paris, Betrozoff, Winsley, P. Johnson, Morton, Tate, Nealey, Chandler, Silver, Vance, May and Bowman.

 

Read first time March 6, 1991.  Referred to Committee on Judiciary.Imposing a penalty on persons who deliver controlled substances to a child under twelve years.


     AN ACT Relating to controlled substances; adding a new section to chapter 69.50 RCW; creating a new section; and prescribing penalties.

 

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

 

     NEW SECTION.  Sec. 1.      The legislature recognizes that the unlawful use of a controlled substance produces a severe and lasting effect upon the user and society.  This is particularly true when the unlawful user of the controlled substance is a child under twelve years of age.  The emotional and economic damage that drug abuse causes to the victims of this crime, to the families and friends of the victims, and to society, is of a most severe and lasting nature.

     The legislature finds that persons who commit such offenses have demonstrated utter disregard for the welfare and safety of both our youth and our society as a whole.  Because of this demonstrated disregard for the public welfare and safety, the legislature finds that persons who commit such crimes have a high probability of reoffending and that the public safety will best be served by imposing a sentence of extreme length.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 69.50 RCW to read as follows:

     Every person eighteen years of age or older who is convicted of a violation of RCW 69.50.401 involving the delivery of a controlled substance to an individual who is under twelve years of age shall be sentenced to not less than ninety-nine years of total confinement in the state penitentiary.  It shall not be a defense to a violation of this section that the accused did not know the age of the individual protected under this section.