Bills › 88th General Assembly
Eliminating mandatory minimum sentences for drug offenses
Topics:Courts & civil lawCrime & correctionsFentanyl & drug crimes
Where it is now
- Done: IntroducedFebruary 28, 2019
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill eliminates mandatory minimum sentences for drug offenses.401(5) for a person knowingly or intentionally possessing a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized under Code chapter 124 (controlled substances).401(5) when the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.
Read the full explanation
401E(3) requiring a minimum term of confinement for a person’s second or subsequent conviction for delivery or possession with intent to deliver an amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers. The bill removes the minimum term of confinement of five years for a person over years of age who unlawfully distributes or possesses with intent to distribute a schedule I or schedule II controlled substance to a person under years of age. The bill strikes language requiring a mandatory minimum term of confinement of years if the substance was distributed in or on, or within 1,000 feet of, the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus.413 (mandatory minimum sentence —— parole eligibility). The bill strikes the requirement that a child who is alleged to have delivered, manufactured, or possessed with intent to deliver or manufacture, a controlled substance except marijuana, as defined in Code chapter 124, is waived to district court for prosecution, and is convicted of such an offense, be confined in a secure facility for a minimum of days. The bill removes references to the reduction of a mandatory minimum sentence for a defendant who either pleads guilty to an amphetamine or methamphetamine offense or cooperates in the prosecution of other persons involved in the sale or use of controlled substances.12 (minimum sentence —— parole or work release eligibility —— certain drug offenses).11 (minimum sentence —— eligibility of prior forcible felon for parole or work release).