S-379                 _______________________________________________

                                                   SENATE BILL NO. 5283

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Saling and Stratton

Read first time 1/20/89 and referred to Committee on   Law & Justice.

AN ACT Relating to controlled substances; amending RCW 69.50.406; and prescribing penalties.

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

        Sec. 1.  Section 69.50.406, chapter 308, Laws of 1971 ex. sess. as amended by section 5, chapter 458, Laws of 1987 and RCW 69.50.406 are each amended to read as follows:

          (a) Any person eighteen years of age or over who violates RCW 69.50.401(a) by ((distributing)) delivering a controlled substance listed in Schedules I or II ((which is a narcotic drug)) to a person under eighteen years of age is ((punishable by the fine authorized by RCW 69.50.401(a)(1)(i), by a term of imprisonment of up to twice that authorized by RCW 69.50.401(a)(1)(i), or by both)) guilty of a crime and upon conviction shall be imprisoned for a period of at least twenty years.  The twenty-year minimum sentence shall not be suspended, deferred, varied, or modified under chapter 9.94A RCW, nor shall earned early release time apply against the minimum sentence.

          (b) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing any ((other)) controlled substance listed in Schedules ((I, II,)) III, IV, and V to a person under eighteen years of age who is at least three years his junior is punishable by the fine authorized by RCW 69.50.401(a)(1)(ii), (iii), or (iv), by a term of imprisonment up to twice that authorized by RCW 69.50.401(a)(1)(ii), (iii), or (iv), or both.