Methamphetamine possession-penalties.

WORKING DRAFT
2006
STATE OF WYOMING
06LSO-0453.E1

HOUSE BILL
NO.
HB0171

Methamphetamine possession-penalties.

Sponsored by:
Representative(s) Lubnau and Senator(s) Scott

A BILL

for

AN ACT relating to controlled substances; modifying penalties for possession of certain controlled substances; providing for mandatory sentencing; providing for mandatory substance abuse screening; providing for supervised probation; providing for random drug testing; providing conforming amendments; providing appropriations; requiring reports; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
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1302 and 35
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1031(c)(i)(intro) and (ii) are amended to read:

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1302.

Substance abuse assessment required.

All persons convicted of a third misdemeanor under W.S. 31
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233(e)
, a misdemeanor possession of methamphetamine
or a felony shall receive, as a part of a presentence report, a substance abuse assessment. The cost of the substance abuse assessment shall be assessed to and paid by the offender. A person who has undergone a substance abuse assessment pursuant to W.S. 31
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233(e) may receive a second assessment under this section if the court finds that enough time has passed to make the first assessment inaccurate.

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1031.

Unlawful manufacture or delivery; counterfeit substance; unlawful possession.

(c)

It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. Any person who violates this subsection:

(i)

And has in his possession a controlled substance in the amount set forth in this paragraph is guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both.
Any person who has in his possession methamphetamine in an amount set forth in this paragraph is guilty of a misdemeanor punishable by imprisonment for not less than seven (7) days nor more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both, shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail, shall receive a substance abuse assessment pursuant to W.S. 7
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1302 and shall be subject to terms of probation that include supervision by the court and random drug testing during the term of probation.
Notwithstanding any other provision in this paragraph, if the person is a minor the court may request the matter be transferred to juvenile court or may suspend the mandatory minimum jail sentence on the condition that the person is in school and complying with any other conditions of probation the court may impose.
Nothing in this paragraph prohibits a court from placing qualified offenders on probation and deferring further proceedings pursuant to W.S. 7
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301 or 35
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1037.
Any person convicted for a third or subsequent offense under this paragraph, including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both. For purposes of this paragraph, the amounts of a controlled substance are as follows:

(ii)

And has in his possession methamphetamine or a controlled substance classified in Schedule I or II which is a narcotic drug in an amount greater than those set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not
less than seven (7) days nor
more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both
, shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail, shall receive a substance abuse assessment pursuant to W.S. 7
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1302 and shall be subject to terms of probation that include supervision by the court and random drug testing during the term of probation. Nothing in this paragraph prohibits a court from placing qualified offenders on probation and deferring further proceedings pursuant to W.S. 7
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301 or 35
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1037
;

Section 2.

(a)

There is appropriated one million dollars ($1,000,000.00) from the general fund to the department of corrections for the biennium beginning July 1, 2006, to be expended only to supervise persons, by providing services directly or contracting for services to be delivered, placed on probation pursuant to W.S. 35
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1031(c) as a result of a conviction for methamphetamine possession, which conviction was entered on or after July 1, 2006.

(b)

The department of corrections shall report to the joint judiciary interim committee no later than November 1, 2006, regarding the expenditure of funds appropriated under this section, the number of persons supervised and any other information that may be helpful to the committee as it considers the impact of this act.

Section 3.

(a)

There is appropriated one hundred thousand dollars ($100,000.00) from the general fund to the department of health for the biennium beginning July 1, 2006, to be expended only for substance abuse assessments, by providing services directly or contracting for services to be delivered, required under W.S. 7
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1302 and 35
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1031(c) for persons convicted of misdemeanor possession of methamphetamine on or after July 1, 2006. The department may conduct the assessments directly or through contracts with mental health professionals who are qualified to conduct the assessments.

(b)

The department of health shall report to the joint judiciary interim committee no later than November 1, 2006, regarding the expenditure of funds appropriated under this section, the number of persons receiving substance abuse assessments and any other information that may be helpful to the committee as it considers the impact of this act.

Section 4.

(a)

There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the department of family services for the biennium beginning July 1, 2006, to be expended only to supervise juveniles placed on probation pursuant to W.S. 35
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1031(c) as a result of a conviction for methamphetamine possession, which conviction was entered on or after July 1, 2006.

(b)

The department of family services shall report to the joint judiciary interim committee no later than November 1, 2006, regarding the expenditure of funds appropriated under this section, the number of juveniles supervised and any other information that may be helpful to the committee as it considers the impact of this act.

Section 5.
This act is effective July 1, 2006.

(END)

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HB0171