FINAL BILL REPORT

HB 1228

PARTIAL VETO

                                  C 458 L 87

BYRepresentatives Armstrong, McMullen and P. King 

Changing provisions relating to criminal penalties for, criminal sentences for, education regarding, and treatment for alcohol and substance abuse.

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Under the Sentencing Reform Act of 1981, criminal sentences for felony convictions generally include a presumptive sentence of some prison or jail time.  In order to deviate from a presumptive sentence, a judge must demonstrate exceptional mitigating or aggravating circumstances. For certain first time offenders, however, alternatives to prison or jail are provided on other than an exceptional basis.  A defendant may qualify for first time offender status only if he or she has no prior felony convictions and is not being charged with a sex offense or a violent offense.

Under the state's liquor law, it is generally illegal to give liquor to a person under the age of 21.  Exceptions exist for medicinal purposes, religious services and parental permission.

Under the state's drug laws, penalties for selling narcotic drugs are doubled if the buyer is a minor and the seller is an adult and at least three years older than the buyer.

Beer retailers currently pay an annual license fee of from $150 to $300.  These fees and others contribute to the Liquor Revolving Fund which is used for a number of research, scientific, educational and social programs.

Group medical insurance plans are required to provide coverage for the treatment of alcoholism.

SUMMARY:

Offenders convicted of selling, delivering or manufacturing narcotic drugs are not eligible for first time offender status under the sentencing reform act.

It is made a class B felony to provide a person with a controlled substance that results in the user's death.

Minors who are allowed by their parents to drink alcohol may do so only in their parents' presence and may not do so in a tavern or cocktail lounge regardless of parental permission.  Any alcohol consumed by a minor in connection with religious services must be minimal.

It is made a class C felony:  (1) to involve a minor in an unlawful drug transaction;  (2) knowingly to rent or lease a building for the purpose of manufacturing or selling illegal drugs; (3) knowingly to allow a building used for illegal drug activity to be fortified to prevent law enforcement entry; or (4) to use a building which has been specifically designed to suppress law enforcement entry for illegal drug activity.

The drug laws are changed to remove the requirement that an adult seller of narcotic drugs be at least three years older than a minor buyer before a doubling of the criminal penalties for the offense occurs.

Annual license fees for beer retailers are raised by $55.  The additional revenue is to be used for substance abuse programs in kindergarten through third grade.

Group medical insurance plans are required to provide coverage for the treatment of all substance abuse, not just alcoholism.

The provisions creating a drug awareness program in kindergarten through third grade take effect July 1, 1987, and provisions relating to drug dependency medical insurance coverage take effect January 1, 1988.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    46     0(Senate amended)

      House 84   0(House concurred)

EFFECTIVE:July 26, 1987

            January 1, 1988 (Sections 13 - 20)

Partial Veto Summary:  The partial veto removes two provisions from the act.  First, it removes a technical provision that is duplicated in another bill previously enacted.  Second, the veto delays the implementation of the public schools' substance abuse program to coincide with the implementation of the funding to pay for the program.  (See VETO MESSAGE)