HB 2835 - DIGEST

States that, in a criminal case where a defendant has been convicted of the manufacture, delivery, or possession of a controlled substance where the offense involved heroin, and there has been a special allegation pleaded and proven beyond a reasonable doubt that he or she used or consumed heroin, or allowed another person to use or consume heroin, in the presence of a person under the age of eighteen, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, find a special verdict as to the special allegation.