FINAL BILL REPORT

                  SSB 6260

                          C 132 L 00

                      Synopsis as Enacted

Brief Description:  Increasing penalties for manufacturing a controlled substance when children are present.

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators Rasmussen, Heavey, Haugen, Goings, Oke and Gardner).

Senate Committee on Judiciary

House Committee on Criminal Justice & Corrections

House Committee on Appropriations

Background:  Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine is a class B felony ranked at level VIII on the sentencing grid.  Manufacture of methamphetamine is a class B felony ranked at level X on the sentencing grid.  Current law provides for an additional 24-month sentence when certain controlled substances are manufactured, sold, delivered, or possessed in public areas such as at or near schools, parks, public transit, drug free zones, or civic centers.

Summary:  A person convicted of  manufacturing methamphetamine, or possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine receives a 24-month sentence enhancement in addition to the standard sentence if the underlying crime was committed when a person under the age of 18 was present in or upon the premises.

The prosecutor must plead the special allegation and prove it beyond a reasonable doubt.  The judge or jury only consider the special allegation after the offender is convicted of the underlying crime.

Votes on Final Passage:

Senate 450

House980

Effective:June 8, 2000