HOUSE BILL ANALYSIS

HB 1375

Title:  An act relating to manufacturing methamphetamine.

Brief Description:  Adding methamphetamine manufacture to the "strike" list.

Sponsors:  Representatives Schoesler, Doumit, Mielke, Sump, Cairnes, Boldt, McDonald, Lisk, Delvin, O'Brien, Radcliff, DeBolt, Carrell, Sheahan, Dunn, Esser, Bush and Mulliken.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:  Yvonne Walker (786-7841).

Background:

The manufacturing of methamphetamine is a seriousness level X, class B felony.  Ephedrine and pseudoephedrine are two substances used to manufacture methamphetamine.  The possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine is classified as a seriousness level VIII, class B felony under the sentencing guidelines.  A person who violates either law may be imprisoned for not more than 10 years, fined not more than $20,000, or both.

Under what is commonly referred as the "Three Strikes and You're Out" law, a persistent offender is subject to a sentence of life imprisonment.  A person is considered a "persistent offender" if he or she commits three most serious offenses.  A "most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

$any felony defined under any law as a class A felony;

$assault in the second degree;

$assault of a child in the second degree;

$child molestation in the second degree;

$controlled substance homicide;

$extortion in the first degree;

$incest when committed against a child under age 14;

$indecent liberties;

$kidnaping in the second degree;

$leading organized crime;

$manslaughter in the first degree;

$manslaughter in the second degree;

$promoting prostitution in the first degree;

$rape in the third degree;

$robbery in the second degree;

$sexual exploitation;

$vehicular assault;

$any other class B felony offense with a finding of sexual motivation; and

$any other felony with a deadly weapon verdict.

Summary:

The offense of manufacturing or possessing ephedrine or pseudoephedrine with intent to manufacture methamphetamine in or near a residence in which a minor or pregnant woman resides is included in the list of "most serious offenses."  This offense will count as a strike under the three strikes law.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.