FINAL BILL REPORT

SHB 2336

                                  C 244 L 90

BYHouse Committee on Judiciary (originally sponsored by Representatives O'Brien, Wineberry, Anderson, Rector, Jones, Baugher, Hargrove, P. King, Ferguson, Jacobsen, Crane, Winsley, Schoon, Wolfe, Locke and Silver)

Increasing penalties for the manufacture, sale, or delivery of controlled substances on public buses, and on or near bus stops and public parks.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The Omnibus Alcohol and Controlled Substances Act passed during the 1989 Regular Session doubles the statutory maximum penalties for various drug offenses if they are committed in certain proscribed places.  Those places include schools, school buses, or within 1,000 feet of a school bus route stop or within 1,000 feet of school grounds.

The act also contains specific rules about defenses that may be applicable in cases involving the enhanced penalties.  It is not a defense, for example, that the offender was not aware that the offense was committed in one of the proscribed places.  However, it is a defense that the offense was not committed "for profit."  Evidentiary rules are also provided for the admission as evidence of certain maps showing the location of, and distances from, a school or school bus route stop.

SUMMARY:

The provision of the Omnibus Alcohol and Controlled Substances Act that doubles the statutory maximum penalties for various drug offenses committed in or near certain places is extended to cover additional places.  The additional places are on a public transit vehicle, at a transit vehicle shelter, and in a park.  Public transit vehicles include any form of public transportation.

A provision is added to prevent compounding of the double penalty provisions for a single offense.

VOTES ON FINAL PASSAGE:

      House 94   0

      Senate    48     0 (Senate amended)

      House 94   0 (House concurred)

EFFECTIVE:June 7, 1990