Brief Description: Revising the elements of endangerment with a controlled substance.

Sponsors: Representatives Quall, Morris and O'Brien.

Hearing Date: 2/8/05

Staff: Erik Van Hagen (786-5793).

Background:

In 2002, the Legislature created the crime of endangerment with a controlled substance.
Endangerment with a controlled substance occurs if a person knowingly or intentionally permits a dependent child or dependent adult to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia that are being used in the manufacturing of methamphetamine. Endangerment with a controlled substance is a seriousness level IV, class B felony.

Summary of Bill:

The crime of endangerment with a controlled substance is expanded to include the manufacturing of any type of illegal controlled substance, rather than just methamphetamine. The requirement that the offender knowingly or intentionally permits the child or dependent adult to be exposed to methamphetamine, ephedrine, pseudoephedrine, or anhydrous ammonia is removed. The crime of endangerment with a controlled substance occurs when a person manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance upon the same premises where a child or dependent adult is present. "Premises" includes a vehicle, vessel, dwelling or rental unit, as well as its curtilage and any other outbuildings of a dwelling house.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.