HOUSE BILL ANALYSIS

HB 2791

Title:An act relating to methamphetamine.

Brief Description:Fighting methamphetamine.

Sponsors:Representatives Schoesler, Doumit, Sheahan, Ballasiotes, Radcliff, Sump, Sullivan, Mielke, Buck, Alexander, Boldt, Sterk, Crouse, Smith, Van Luven, Hickel, Koster, Mulliken, Johnson, Wensman, D. Sommers, Backlund, and DeBolt.

House committee on Criminal Justice and Corrections

Hearing Date:February 4, 1998. 

Prepared By:Yvonne Walker, Research Analyst (786‑7841). 

Background:Ephedrine and pseudoephedrine are two substances used to manufacture methamphetamine.  Currently, the possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine is classified as a seriousness level VIII, class B felony under the sentencing guidelines.  A person who violates this law may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both.

Under what is commonly referred as the AThree Strikes and You=re Out@ law, a person is considered a Apersistent offender@ if he or she commits three most serious offenses.  A Amost serious offense@ means any of the following felonies or a felony attempt to commit any of the following felonies:

(a)Any felony defined under any law as a class A felony;

(b)Assault in the second degree;

(c)Assault of a child in the second degree;

(d)Child molestation in the second degree;

(e)Controlled substance homicide;

(f)Extortion in the first degree;

(g)Incest when committed against a child under age fourteen;

(h)Indecent liberties;

(i)Kidnapping in the second degree;

(j)Leading organized crime;

(k)Manslaughter in the first degree;

(l)Manslaughter in the second degree;

(m)Promoting prostitution in the first degree;

(n)Rape in the third degree;

(o)Robbery in the second degree;

(p)Sexual exploitation;

(q)Vehicular assault;

(r)Any other class B felony offense with a finding of sexual motivation; and

(s)Any other felony with a deadly weapon verdict.

Summary:The offense of manufacturing or possessing ephedrine or pseudoephedrine with intent to manufacture methamphetamine in or near a residence in which a minor resides is included in the list of  Amost serious offenses.@  This will count as a strike under the three strikes law.

In addition,  funds may also be appropriated to local departments of health for a program to assist in the cleanup of sites of methamphetamine production.  Funds from this program cannot be used for the initial containment of such a site.

Rules Authority:No. 

Fiscal Note:Requested.

Effective Date:Ninety days after adjournment of session in which bill is passed.