HP0340, LD 424, item 2 , Document Text

Amend the bill by striking out all of section 4 and inserting the following:

‘Sec. 4. 17-A MRSA §1105-A, sub-§1, ¶M is enacted to read:

M. The person makes, creates or manufactures or attempts to make, create or manufacture methamphetamine, 3, 4 - methylenedioxymethamphetamine, 3, 4 - methylenedioxy amphetamine, lysergic acid diethylamide or fentanyl. Violation of this paragraph is a Class A crime.’

Amend the bill by striking out all of section 5 and inserting the following:

‘Sec. 5. 17-A MRSA §1252, sub-§5-A, ¶A, as amended by PL 2001, c. 383, §151 and affected by §156, is further amended to read:

A. Except as otherwise provided in paragraphs B and C, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class is Class A, the minimum term of imprisonment is 4 years; when the sentencing class is Class B, the minimum term of imprisonment is 2 years; and, with the exception of a conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is the basis for the charge is marijuana, when the sentencing class is Class C, the minimum term of imprisonment is one year . This paragraph does not apply to a conviction under section 1105-A, subsection 1, paragraph A when the aggravating factor is trafficking in the presence of a child under 18 years of age;’

summary

This amendment establishes as an aggravating factor in the offense of trafficking or attempting to traffick in a scheduled drug manufacturing or an attempt to manufacture methamphetamine, 3, 4 - methylenedioxymethamphetamine, 3, 4 - methylenedioxy amphetamine, lysergic acid diethylamide or fentanyl. This makes this offense a Class A crime, which is subject to the current minimum mandatory sentencing alternative of 4 years imprisonment for certain Class A drug offenses. Making the manufacturing of these drugs a Class A crime replaces the provision in the bill that would have made trafficking or attempting to traffick in a schedule W drug at a residence at which a child less than 18 years of age resides and the basis of the offense is manufacturing or an attempt to manufacture a Class A crime subject to a mandatory minimum sentence of 10 years imprisonment.

FISCAL NOTE REQUIRED

(See attached)

HP0340 LD 424	Second Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF		LR 1641 Item 2
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