Drug and Alcohol Bills
Passed:
HB 68 Drug Sentencing Modifications requires a court to impose an indeterminate prison term for using or having access to a dangerous weapon while distributing drugs. We negotiated with the sponsor and other stakeholders of this bill to change it from a minimum mandatory to an indeterminate term that can be suspended, as well as limiting the bill to situations where the weapon is knowingly and intentionally accessible. This version of the bill passed.
HB 211 Penalty for False Statement During Drug Arrest passed, creating the class B misdemeanor of an actor falsely stating to a law enforcement officer that they ingested drugs before arrest, if the officer takes the actor to a health care facility for medical treatment. We spoke with law enforcement about this being an issue, it was rarely encountered in the field. Ultimately we did not choose to make this a priority.
HB 356 Bail Amendments requires a jail or pretrial services employee to include additional information with the probable cause statement submitted to the magistrate. Specifically, whether the individual is intoxicated to a degree that would endanger them or someone else if they were released. It does not change the standard or factors a magistrate must consider for release. The bill passed.
SB 60 Drug Paraphernalia Amendments passed. This bill allows dismissal of a charge of possession of drug paraphernalia if the person is currently enrolled in a syringe exchange program and the hypodermic syringe or needle is stored in a sealed puncture-resistant container that is clearly marked on the outside of the container.
Failed:
HB 474 Criminal Justice Changes failed to pass, but sought to increase many penalties associated with controlled substances. This bill would have made distribution of a controlled substance a second degree felony if the controlled substance was fentanyl, methamphetamine, heroin, or cocaine in any amount, which is chargeable as a first degree felony beyond certain amounts of the substance or if the distribution resulted in a serious injury or death of an individual. It also would have raised penalties for drug possession, including marijuana, and added consecutive indeterminate incarceration terms for subsequent offenses or offenses committed in a correctional facility. This bill would also have created a class C misdemeanor offense for a violation of a pretrial release agreement and was one of two bills this session that sought to remove an unsecured bond as a method of payment for a financial condition of pretrial release. It was never heard in committee.