SENATE BILL REPORT

                  ESB 6139

              As Passed Senate, February 16, 1998

 

Title:  An act relating to amphetamine.

 

Brief Description:  Increasing penalties for manufacture and delivery of amphetamine.

 

Sponsors:  Senators Oke, Swecker, T. Sheldon, Goings, Rasmussen and Benton.

 

Brief History:

Committee Activity:  Law & Justice:  1/27/98, 2/6/98 [DP-WM].

Ways & Means:  2/9/98, 2/10/98 [DP].

Passed Senate, 2/16/98, 49-0.

 

SENATE COMMITTEE ON LAW & JUSTICE

 

Majority Report:  Do pass and be referred to Committee on Ways & Means.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Kline, Long and McCaslin.

 

Staff:  Aldo Melchiori (786-7439)

 

SENATE COMMITTEE ON WAYS & MEANS

 

Majority Report:  Do pass.

  Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker and Winsley.

 

Staff:  Bryon Moore (786-7726)

 

Background:  Amphetamine is a schedule II drug.  A person convicted of manufacturing, delivering, or possessing with the intent to manufacture or deliver amphetamine is guilty of a C felony ranked at level IV on the sentencing grid (3 to 9 months for a first offense).  A maximum five-year imprisonment and $10,000 fine is authorized.

 

Summary of Bill:  A person convicted of manufacturing, delivering, or possessing with the intent to manufacture or deliver amphetamine is guilty of a B felony ranked at level VIII on the sentencing grid (21 to 27 months for a first offense).  The maximum imprisonment is ten years.  The offender is also subject to a fine of no more than $25,000 for an amount less than two kilograms.  For amounts over two kilograms, the fine can be no more than $100,000 for the first two kilograms nor more than $50 for each gram over two kilograms.  The first $3,000 of the fines cannot be suspended and are sent to the law enforcement agency responsible for the site cleanup.

 

Appropriation:  None.

 

Fiscal Note:  Available.

 

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

 

Testimony For:  Delivery of amphetamines is just as serious as delivery of meth­amphetamines, so they should be treated the same.  Both of these drugs are causing many community problems.

 

Testimony Against:  None.

 

Testified:  Senator Oke.

 

House Amendment(s):  The act is null and void if funding is not provided in the Omnibus Appropriations Act.