BILL REQ. #:  H-3813.1 

Read first time 01/11/2006.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to drug trafficking; adding a new section to chapter 69.50 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 69.50 RCW to read as follows:
     (1) A person is guilty of drug trafficking if he or she transfers drugs that are in violation of this chapter across state lines or out of the United States and as a result he or she:
     (a) Knowingly or intentionally imports or exports a controlled substance in violation of this chapter;
     (b) Knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance in violation of this chapter; or
     (c) Manufactures, possesses with intent to deliver, or delivers a controlled substance in violation this chapter.
     (2) Notwithstanding any other provision of law, a person convicted of a violation of subsection (1) of this section shall be sentenced to a term of total confinement of not less than one hundred twenty months, or two hundred forty months if the case involves death or serious bodily injury as a result from the use of such substance, if the offense involves:
     (a) One kilogram or more of a mixture or substance containing a detectable amount of heroin;
     (b) Five kilograms or more of a mixture or substance containing a detectable amount of:
     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
     (ii) Cocaine, its salts, optical and geometric isomers, and salts or isomers;
     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
     (iv) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in (b)(i) through (iii) of this subsection;
     (c) Fifty grams or more of a mixture or substance described in (b) of this subsection which contains cocaine base;
     (d) One hundred grams or more of phencyclidine (PCP) or one kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
     (e) Ten grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide;
     (f) Four hundred grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or one hundred grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
     (g) One thousand kilograms or more of a mixture or substance containing a detectable amount of marihuana; or
     (h) Fifty grams or more of methamphetamine, its salts, isomers, and salts of its isomers, or five hundred grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.
     (3) Notwithstanding any other provision of law, for an offender with one prior conviction for an offense under subsection (2) of this section, such person shall be sentenced to a term of total confinement of not less than two hundred forty months, or life imprisonment if death or serious bodily injury results from the use of such substance.
     (4) All mandatory minimum terms of total confinement provided in this section shall be in addition to all other financial penalties or fines provided by law.
     (5) A minimum term of total confinement imposed under this section may not be varied or modified under RCW 9.94A.535.