SS SCS HS HCS HB 1147, 1435, 1050, 1186 & 1108 -- CONTROLLED
SUBSTANCES

This bill revises several areas of the law to increase penalties
and prohibit the illegal production of methamphetamine drugs, to
prevent the endangerment of children by illegal drug producers,
to enable judicial circuits to institute certain drug courts,
and to establish a required treatment program for certain drug
offenders.

DRUG TRAFFICKING

The bill:

(1)  Increases the penalties and reduces the threshold for
trafficking drugs in the first degree from 150 grams to 30 grams
for the distribution, delivery, manufacture, production, or
attempts to do the same of amphetamine, its salts, optical
isomers and salts of its optical isomers; methamphetamine, its
salts, optical isomers and salts of its isomers; phenmetrazine
and its salts; or methylphenidate.  Violations or attempts to
violate these provisions are punished as follows:

(a)  If the quantity involved is more than 30 grams but less
than 90 grams, it is a class A felony (10-30 years);

(b)  If the quantity involved is 90 grams or more, or if the
quantity is 30 grams or more and the location of the offense is
within 2,000 feet of a school, or public housing, as defined in
Section 195.214 or 195.218, or within a motor vehicle or any
structure or building which contains rooms furnished for the
accommodation or lodging of guests, and kept, used, maintained,
advertised, or held out to the public as a place where sleeping
accommodations are sought for pay or compensation to transient
or permanent guests, it is a class A felony without probation or
parole;

(2)  Increases the penalties and reduces the quantities for
trafficking drugs in the second degree if a person possesses,
purchases, attempts to purchase, has under his or her control,
or brings into this state more than 30 grams of the same
chemicals listed for first degree trafficking.  Violations of
second degree trafficking or attempts to do the same are
punished as follows:

(a)  If the amount is more than 30 but less than 90 grams, it is
a class B felony (5-15 years).  Under current law, the
quantities are more than 150 grams but less than 450 grams;

(b)  If the quantity is 90 grams or more but less than 450
grams, it is a class A felony.  Currently, a quantity of 450
grams or more is a class A felony;

(c)  If the quantity is 450 grams or more, it is a class A
felony to be served without probation or parole;

(3)  Amends the list of regulated chemicals by:  including the
esters of Anthranilic acid, N-Acetylanthrilic acid, and
Phenylacetic acid; removes Acetic anhydride and Hydriotic acid.
Removes duplicated chemicals from the schedule and adds sulfuric
acid, iodine, and red phosphorous.  These substances currently
under federal regulations are the primary chemicals used in
methamphetamine labs.  The bill also corrects the spelling for
propionic anhydride and isosafrole;

(4)  Makes it a class D felony for a person to knowingly
encourage, or cause a child less than 17 to engage in conduct
which aids the manufacture, production, sale, transport,
testing, or analysis of methamphetamine or causes a violation of
Chapter 195, RSMo.;

(5)  Clarifies that a report from any federal crime laboratory
can be offered into evidence at a preliminary hearing;

(6)  Authorizes the Department of Natural Resources to provide
the resources and personnel to assist in the cleanup and
disposal of the toxic chemicals found in any place where a
controlled substance was manufactured or produced.  The
department may recover the costs of such cleanup and disposal
from the responsible parties.  The department is delegated the
authority to adopt such rules as necessary for the
implementation and operation of the department's controlled
substances responsibilities;

(7)  Creates the Controlled Substances Cleanup Fund in the state
treasury;

(8)  Makes it a class C felony to possess chemicals or precursor
ingredients of methamphetamine.  The state is allowed by expert
testimony to establish a prima facie case that a noncontrolled
chemical is a precursor ingredient for producing methamphetamine;

(9)  Expands the Department of Corrections' long-term treatment
program for nonviolent offenders with no prior conviction of a
dangerous felony to include serious substance abuse addictions.
Under the current program, only cocaine addicts qualify for the
program; and

(10) Makes it a class D felony for any person to provide
precursor materials used in the production of a controlled
substance to another person knowing the materials are intended
to be used to produce a controlled substance.

DRUG COURTS

The bill authorizes local circuit courts to establish drug
courts.  A drug court must combine judicial supervision, drug
testing, and treatment of participants.  Upon the offender's
successful completion of the treatment program, the offender's
case may be dismissed, reduced, or modified.  Circuit courts may
appoint a drug court commissioner for a term of 4 years.
Judgments of a commissioner must be confirmed or rejected by a
circuit judge.  To be eligible, the defendant must be
nonviolent, a determination made by the prosecuting attorney.
Statements made as a result of participation in the program are
not admissible as evidence in any proceeding, but reasons for
any termination from the program may be considered in
sentencing.  State agencies will provide drug court staff access
to all relevant records regarding the participant, which shall
be treated as closed records.

REQUIRED EDUCATIONAL ASSESSMENT AND COMMUNITY TREATMENT PROGRAM
(REACT)

The bill requires courts to order an offender for certain drug
offenses to begin an educational assessment and community
treatment program administered by the Department of Corrections
and the Department of Mental Health, within 60 days of
probation, as a condition of probation.  The fees for the
program and a $60 supplemental fee will be paid in whole or in
part by the offender.  The supplemental fees, less 2%
administrative cost, will be deposited in the Correctional
Substance Abuse Earnings Fund.  This fund created in the state
treasury will be used for assistance in securing alcohol and
drug rehabilitation services.  The bill allows managed care
agreements entered into by the Department of Corrections and the
Department of Mental Health.

MULTIJURISDICTIONAL INTERSTATE ENFORCEMENT AGREEMENTS

The bill allows interstate agreements for the enforcement of
controlled substance laws.  Under the bill, a county bordering
another state and any political subdivision within such county
may reach an agreement with the political subdivision of another
state's adjacent county, to form a multijurisdictional drug
enforcement group.  The members of the multijurisdictional drug
enforcement group have all the investigatory powers, powers of
arrest, privileges, and immunities of law enforcement officers
of this state, if the officers of the other state are certified
officers in that state.  The bill makes the enforcement group
eligible to receive state grants to defray operational costs.

LIQUOR LICENSES

The bill allows automatic revocation of a liquor license for a
felony violation of Chapter 195, RSMo., committed in the course
of business.  Current law provides for liquor license revocation
for a liquor control violation.

MISCELLANEOUS AND TECHNICAL CHANGES

The bill:

(1)  Amends the definition of "manufacture" to require a person
to have a prescription or practitioner's order to qualify for
the self-use exclusion;

(2)  Allows the Department of Health to terminate a restriction
or limitation early if a registrant remains in compliance with
state law.  Under current law the department does not have the
authority to terminate a restriction or limitation once imposed;

(3)  Clarifies that the Department of Health may suspend,
revoke, warn, censure, limit, or deny an application of a
registrant who is not in compliance with state law.  The
department may bar an applicant from reapplying for a new
registration for one to 5 years;

(4)  Prohibits the Department of Health from granting a
registration to dispense controlled substances to any person who
has been found guilty of or pled guilty to any misdemeanor
offense related to controlled substances within 2 years or any
felony offense within 7 years of the registration;

(5)  Makes it a class D felony to use paraphernalia to make,
test, or analyze methamphetamine or amphetamine;

(6)  Allows peace officers under workers' compensation laws to
recover for certain occupational diseases caused by exposure to
an illegal controlled substance manufacturing laboratory;

(7)  Establishes "Operation Payback" within the Department of
Public Safety that may provide a reward of up to $250 to crime
tip organizations for information related to the manufacture or
sale of methamphetamine;

(8)  Raises the threshold for class C felony stealing from $150
to $750.  Stealing material with a value of less than $150 to
use in the manufacture, production, or testing of amphetamine or
methamphetamine is a class D felony; and

(9)  Makes technical changes to Chapter 195, RSMo., by removing
duplicated language and placing language in the correct
statutory sections.

HS HCS HB 1147, 1435, 1050, 1186, & 1108 -- CONTROLLED
SUBSTANCES (Hosmer)

This substitute revises several areas of the law to increase
penalties and prohibit the illegal production of methamphetamine
drugs, to prevent the endangerment of children by illegal drug
producers, to enable judicial circuits to institute certain drug
courts, and to establish a required treatment program for
certain drug offenders.

DRUG TRAFFICKING

The substitute:

(1)  Increases the penalties and reduces the threshold for
trafficking drugs in the first degree from 150 grams to 30 grams
for the distribution, delivery, manufacture, production, or
attempts to do the same of amphetamine, its salts, optical
isomers and salts of its optical isomers; methamphetamine, its
salts, optical isomers and salts of its isomers; phenmetrazine
and its salts; or methylphenidate.  Violations or attempts to
violate these provisions are punished as follows:

(a)  If the quantity involved is more than 30 grams but less
than 60 grams, it is a class A felony (10-30 years);

(b)  If the quantity involved is 60 grams or more, or the
location of the offense is within 2,000 feet of a school, or
public housing, as defined in Section 195.214 or 195.218, or
within a motor vehicle or any structure or building which
contains rooms furnished for the accommodation or lodging of
guests, and kept, used, maintained, advertised, or held out to
the public as a place where sleeping accommodations are sought
for pay or compensation to transient or permanent guests, it is
a class A felony without probation or parole;

(2)  Increases the penalties and reduces the quantities for
trafficking drugs in the second degree if a person possesses,
purchases, attempts to purchase, has under his or her control,
or brings into this state more than 30 grams of the same
chemicals listed for first degree trafficking.  Violations of
second degree trafficking or attempts to do the same are
punished as follows:

(a)  If the amount is more than 30 but less than 60 grams, a
class B felony (5-15 years).  Under current law, the quantities
are more than 150 grams but less than 450 grams;

(b)  If the quantity is 60 grams or more but less than 250
grams, a class A felony.  Currently, a quantity of 450 grams or
more is a class A felony;

(c)  If the quantity is 250 grams or more, or the location of
the offense is within 2,000 feet of a school, licensed child
care facility, or public housing, as defined in Section 195.214
or 195.218, or within a motor vehicle or any structure or
building which contains rooms furnished for the accommodation or
lodging of guests, and kept, used, maintained, advertised, or
held out to the public as a place where sleeping accommodations
are sought for pay or compensation to transient or permanent
guests, a class A felony to be served without probation or
parole;

(3)  Amends the list of regulated chemicals by:  including the
esters of Anthranilic acid, Nacetylanthrilic acid, and
Phenylacetic acid; removes Acetic anhydride and Hydriotic acid.
Removes duplicated chemicals from the schedule and adds sulfuric
acid, hydrochloric acid (including hydrogen chloride gas),
iodine and red phosphorous.  These substances currently under
federal regulations are the primary chemicals used in
methamphetamine labs.  The substitute also corrects the spelling
for propionic anhydride and isosafrole;

(4)  Makes it a class D felony for a person to knowingly
encourage, or cause a child less than 17 to engage in conduct
which aids the manufacture, production, sale, transport, testing
or analysis of methamphetamine or causes a violation of Chapter
195, RSMo.;

(5)  Clarifies that a report from any state or federal crime
laboratory can be offered into evidence at a preliminary hearing;

(6)  Authorizes the Department of Natural Resources to provide
the resources and personnel to assist in the cleanup and
disposal of the toxic chemicals found in any place where
methamphetamine was manufactured or produced.  The department
may recover the costs of such clean up and disposal from the
responsible parties.  Correspondingly, the substitute requires
any person convicted of manufacturing methamphetamine to pay
$6,000 or the actual costs of cleanup of the methamphetamine lab
site.  The department is delegated the authority to adopt such
rules as necessary for the implementation and operation of the
department's methamphetamine responsibilities;

(7)  Creates the Methamphetamine Cleanup Fund in the state
treasury;

(8)  Makes it a class C felony to possess chemicals or precursor
ingredients of methamphetamine.  The state is allowed by expert
testimony to establish a prima facie case that a noncontrolled
chemical is a precursor ingredient for producing methamphetamine;

(9)  Expands the Department of Corrections' long-term treatment
program for nonviolent offenders with no prior conviction of a
dangerous felony to include serious substance abuse addictions.
Under the current program, only cocaine addicts qualify for the
program;

(10)  Makes stealing of materials or the theft of anhydrous
ammonia with a value of less than $150 used to make
methamphetamine a class D felony;

(11) Makes it a class A felony to distribute or deliver a
controlled substance within 2,000 feet of a licensed child care
facility;

(12) Makes it a class D felony for any person to provide
precursor materials used in the production of a controlled
substance to another person knowing the materials are intended
to be used to produce a controlled substance; and

(13) Prohibits a defendant convicted of first or second degree
trafficking of methamphetamine from receiving probation after
jail time pursuant to Section 559.115.

DRUG COURTS

The substitute authorizes local circuit courts to establish drug
courts.  A drug court must combine judicial supervision, drug
testing, and treatment of participants.  Upon the offender's
successful completion of the treatment program, the offender's
case may be dismissed, reduced, or modified.  Circuit courts may
appoint a drug court commissioner for a term of 4 years.
Judgments of a commissioner must be confirmed or rejected by a
circuit judge.  The defendant must be nonviolent to be eligible,
a determination made by the prosecuting attorney.  Statements
made as a result of participation in the program are not
admissible as evidence in any proceeding, but reasons for any
termination from the program may be considered in sentencing.
State agencies will provide drug court staff access to all
relevant records regarding the participant, which shall be
treated as closed records.

REQUIRED EDUCATIONAL ASSESSMENT AND COMMUNITY TREATMENT PROGRAM
(REACT)

The substitute requires courts to order an offender for certain
drug offenses to begin an educational assessment and community
treatment program within 60 days of probation, as a condition of
probation.  The fees for the program will be paid in whole or in
part by the offender plus a supplemental fee of $60.  The
supplemental fees, less 2% administrative cost, will be
deposited in the Correctional Substance Abuse Earnings Fund.
This fund created in the state treasury will be used for
assistance in securing alcohol and drug rehabilitation
services.  The substitute allows managed care agreements entered
into by the Department of Corrections and the Department of
Mental Health.

MULTIJURISDICTIONAL INTERSTATE ENFORCEMENT AGREEMENTS

The substitute allows interstate agreements for the enforcement
of controlled substance laws.  Under the substitute, a county
bordering another state and any political subdivision within
such county may reach an agreement with the political
subdivision of another state's adjacent county, to form a
multijurisdictional drug enforcement group.  The members of the
multijurisdictional drug enforcement group have all the
investigatory powers, powers of arrest, privileges, and
immunities of law enforcement officers of this state, if the
officers of the other state are certified officers in that
state.  The substitute makes the enforcement group eligible to
receive state grants to defray operational costs.

LIQUOR LICENSES

The substitute allows automatic revocation of liquor license for
a felony violation of Chapter 195, RSMo., done in the course of
business.  Current law provides for liquor license revocation
for a liquor control violation.

MISCELLANEOUS AND TECHNICAL CHANGES

The substitute:

(1)  Amends the definition of "manufacture" to require a person
to have a prescription or practitioner's order to qualify for
the self-use exclusion;

(2)  Allows the Department of Health to terminate a restriction
or limitation early if a registrant remains in compliance with
state law.  Under current law the department does not have the
authority to terminate a restriction or limitation once imposed;

(3)  Clarifies that the Department of Health may suspend,
revoke, warn, censure, limit, or deny an application of a
registrant who is not in compliance with state law.  The
department may bar an applicant from reapplying for a new
registration for one to 5 years;

(4)  Makes it a class D felony to use paraphernalia to make,
test, or analyze methamphetamine or amphetamine;

(5)  Allows peace officers under workers' compensation laws to
recover for certain occupational diseases caused by exposure to
an illegal controlled substance manufacturing laboratory;

(6)  Creates a civil cause of action against illegal drug
dealers.  A person may recover triple damages or at least
$1,000, court costs, and reasonable attorneys' fees if by proof
by a preponderance of the evidence the person establishes an
injury by a convicted drug dealer and the person was not a
participant in the illegal drug activity.  The substitute also
allows civil liability against the parents or legal guardians of
an unemancipated minor who resides in the family dwelling if by
proof by clear and convincing evidence the person establishes
the parent or legal guardian was aware of or had reckless
disregard that his or her child was a drug dealer.  The parent
or legal guardian of the minor is not liable if he or she by
good faith efforts attempted to prevent the child from engaging
in the illegal activity.

The defendant may recover reasonable attorney's fees and court
costs against a person bringing a frivolous drug dealer
liability law suit;

(7)  Establishes "Operation Payback" within the Department of
Public Safety that may provide a reward of up to $250 to crime
tip organizations for information related to the manufacture or
sale of methamphetamine;

(8)  Adds the substance ketamine to the list of Schedule III,
controlled substances; and

(9)  Makes technical changes to Chapter 195, RSMo., by removing
duplicated language and placing language in the correct
statutory sections.

FISCAL NOTE:  Estimated Net Effect to General Revenue Fund is
Unknown in FY 1999, FY 2000, and FY 2001.  Cost is expected to
exceed $1,000,000 annually.  Net Effect to Correctional
Substance Abuse Earnings Fund of $0 in FY 1999, FY 2000, and FY
2001.

HCS HB 1147, 1435, 1050, 1186 & 1108 -- CONTROLLED SUBSTANCES

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 15 to 0.

This substitute revises several areas of the law to increase
penalties and prohibit the illegal production of methamphetamine
drugs, to prevent the endangerment of children by illegal drug
producers, to enable judicial circuits to institute certain drug
courts, and to establish a required treatment program for
certain drug offenders.

DRUG TRAFFICKING

The substitute:

(1)  Increases the penalties and reduces the threshold for
trafficking drugs in the first degree from 150 grams to 30 grams
for the distribution, delivery, manufacture, production or
attempts to do the same of amphetamine, its salts, optical
isomers and salts of its optical isomers; methamphetamine, its
salts, optical isomers and salts of its isomers; phenmetrazine
and its salts; or methylphenidate.  Violations or attempts to
violate these provisions are punished as follows:

(a)  If the quantity involved is more than 30 grams but less
than 60 grams, it is a class A felony (10-30 years);

(b)  If the quantity involved is 60 grams or more, or the
location of the offense is within 2,000 feet of a school or
public housing, as defined in section 195.214 or 195.218, or
within a motor vehicle or any structure or building which
contains rooms furnished for the accommodation or lodging of
guests, and kept, used, maintained, advertised, or held out to
the public as a place where sleeping accommodations are sought
for pay or compensation to transient guest or permanent guests,
it is a class A felony without probation or parole;

(2)  Increases the penalties and reduces the quantities for
trafficking drugs in the second degree if a person possesses,
purchases, attempts to purchase, has under his or her control,
or brings into this state more than 30 grams of the same
chemicals listed for first degree trafficking.  Violations of
second degree trafficking or attempts to do the same are
punished as follows:

(a)  If the amount is more than 30 but less than 60 grams, a
class B felony (5-15 years).  Under current law, the quantities
are more than 150 grams but less than 450 grams;

(b)  If the quantity is 60 grams or more but less than 250
grams, a class A felony.  Currently, a quantity of 450 grams or
more is a class A felony;

(c)  If the quantity is 250 grams or more, a class A felony to
be served without probation or parole;

(3)  Amends the list of regulated chemicals by: including the
esters of Anthranilic acid, Nacetylanthrilic acid, and
Phenylacetic acid; removes Acetic anhydride and Hydriotic acid.
Removes duplicated chemicals from the schedule and adds sulfuric
acid, hydrochloric acid (including hydrogen chloride gas),
iodine and red phosphorous.  These substances currently under
federal regulations are the primary chemicals used in
methamphetamine labs.  The bill also corrects the spelling for
propionic anhydride and isosafrole;

(4)  Makes it a class D felony for a person to knowingly
encourage, aid, or cause a child less than 17 to engage in
conduct which violates Chapter 195, RSMo.;

(5)  Clarifies that a report from any state or federal crime
laboratory can be offered into evidence at a preliminary hearing;

(6)  Authorizes the Department of Natural Resources to provide
the resources and personnel to assist in the cleanup and
disposal of the toxic chemicals found in any place where
methamphetamine was manufactured or produced.  The department
may recover the costs of such clean up and disposal from the
responsible parties.  Correspondingly, the bill requires any
person convicted of manufacturing methamphetamine to pay $6,000
or the actual costs of cleanup of the methamphetamine lab site.
The department is delegated the authority to adopt such rules as
necessary for the implementation and operation of the
department's methamphetamine responsibilities;

(7)  Creates the "Methamphetamine Cleanup Fund" in the state
treasury;

(8)  Makes it a class C felony to possess chemicals or precursor
ingredients of methamphetamine.  The state is allowed by expert
testimony to establish a prima facie case that a noncontrolled
chemical is a precursor ingredient for producing methamphetamine;

(9)  Expands the Department of Corrections' long-term treatment
program for nonviolent offenders with no prior conviction of a
dangerous felony to include serious substance abuse addictions.
Under the current program, only cocaine addicts qualify for the
program;

(10)  Makes stealing of materials with a value of less than $150
used to make methamphetamine a class D felony;

(11)  Makes it a class D felony for any person to provide
precursor materials used in the production of a controlled
substance to another person knowing the materials are intended
to be used to produce a controlled substance;

DRUG COURTS

The substitute authorizes local circuit courts to establish drug
courts.  A drug court must combine judicial supervision, drug
testing, and treatment of participants.  Upon successfully
completing the treatment program, the offender's case may be
dismissed, reduced or modified.  Circuit courts may appoint a
drug court commissioner for a term of 4 years.  Judgments of a
commissioner must be confirmed or rejected by a circuit judge.
The defendant must be nonviolent to be eligible, a determination
made by the prosecuting attorney.  Statements made as a result
of participation in the program are not admissible as evidence
in any proceeding, but reasons for any termination from the
program may be considered in sentencing.  State agencies will
provide drug court staff access to all relevant records
regarding the participant, which shall be treated as closed
records.

REQUIRED EDUCATIONAL ASSESSMENT AND COMMUNITY TREATMENT PROGRAM
(REACT)

The substitute requires courts to order an offender for certain
drug offenses to begin an educational assessment and community
treatment program within 60 days of probation, as a condition of
probation.  The fees for the program will be paid in whole or in
part by the offender plus a supplemental fee of $60.  The
supplemental fees, less 2% administrative cost, will be
deposited in the Correctional Substance Abuse Earnings Fund.
This fund created in the state treasury will be used for
assistance in securing alcohol and drug rehabilitation
services.  The substitute allows managed care agreements entered
into by the Department of Corrections and the Department of
Mental Health.

MULTIJURISDICTIONAL INTERSTATE ENFORCEMENT AGREEMENTS

The substitute allows interstate agreements for the enforcement
of controlled substance laws.  Under the substitute, a county
bordering another state and any political subdivision within
such county may reach an agreement with the political
subdivision of another state's adjacent county, to form a
multijurisdictional drug enforcement group.  The members of the
multijurisdictional drug enforcement group have all the
investigatory powers, powers of arrest, privileges, and
immunities of law enforcement officers of this state, if the
officers of the other state are certified officers in that
state.  The substitute makes the enforcement group eligible to
receive state grants to defray operation costs.

LIQUOR LICENSES

The substitute allows automatic revocation of liquor license for
a felony violation of Chapter 195, RSMo., done in the course of
business.  Current law provides for liquor license revocation
for a liquor control violation.

MISCELLANEOUS AND TECHNICAL CHANGES

The substitute:

(1)  Amends the definition of "manufacture" to require a person
to have a prescription or practitioner's order to qualify for
the self-use exclusion;

(2)  Allows the Department of Health to terminate a restriction
or limitation early if a registrant remains in compliance with
state law.  Under current law the department does not have the
authority to terminate a restriction or limitation once imposed;

(3)  Clarifies that the Department of Health may suspend,
revoke, warn, censure, limit, or deny an application of a
registrant who is not in compliance with state law.  The
department may bar an applicant from reapplying for a new
registration for one to 5 years; and

(4)  Makes technical changes by removing duplicated language and
placing language in the correct statutory sections.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund is
Unknown for FY 1999, FY 2000, and FY 2001.  Cost expected to
exceed $1,000,000 annually.  Net Effect to Correctional
Substance Abuse Earnings Fund of $0 for FY 1999, FY 2000, and FY
2001.

PROPONENTS:  Supporters say that the legislation is necessary to
fight methamphetamine production in this state.

Testifying for the bill were Representatives Hosmer, Clayton,
Thomason, Heckemeyer, Williams (159), Klindt, Seigfreid, and
Stroker; Greene County Prosecutor's Office; Attorney General's
Office; Missouri Department of Public Safety; Missouri Police
Chiefs Association; Missouri Sheriffs Association; Missouri
State Highway Patrol; Missouri Retailers Association; and
Missouri Grocers Association.

OPPONENTS:  Those who oppose the bill say that under current
federal sentencing guidelines drug traffickers are severely
punished.  In addition, nationwide statistics indicate that 69%
of the incarcerated prison population are being punished for
drug offenses.  States must cease building prisons and start
treatment programs for drug offenders.

Testifying against the bill was Missouri Association of Criminal
Defense Attorneys.

Michael Warrick, Legislative Analyst

HB 1147 -- Prohibits Methamphetamine Production

Co-Sponsors:  Gaw, Hosmer, Clayton

This bill makes several changes to controlled substance law as a
means to increase penalties and prohibit the illegal production
of methamphetamine drugs.  The bill:

(1)  Increases the penalties and reduces the threshold for
trafficking drugs in the first degree from 150 grams to 30 grams
for the distribution or delivery of amphetamine, its salts,
optical isomers and salts of its isomers; methamphetamine, its
salts, isomers and salts of its isomers; phenmetrazine and its
salts; or methylphenidate.  Correspondingly, the penalty
provisions are increased as follows:

(a)  greater than 30 grams but less than 60 grams, is a class A
felony (10-30 years);

(b)  60 grams or more is a class A felony without probation or
parole;

(2)  Establishes the penalty provisions for trafficking drugs in
the first degree for the production, manufacture, or attempt to
produce or manufacture of any mixture containing any quantity of
amphetamine, its salts, optical isomers and salts of its optical
isomers; methamphetamine, its salts, isomers and salts of its
isomers; phenmetrazine and its salts; or methylphenidate. The
penalty provisions are as follows:

(a)  If less than 60 grams is involved, it is a class A felony;

(b)  if the quantity involved is 60 grams or more, or the
location of the offense is within 2,000 feet of a school, public
housing, as defined in section 195.214 or 195.218, within a
motor vehicle, or any structure or building which contains rooms
furnished for the accommodation or lodging of guests, and kept,
used, maintained, advertised, or held out to the public as a
place where sleeping accommodations are sought for pay or
compensation to transient guest or permanent guests, it is a
class A felony without probation or parole;

(3)  Increases the penalties and reduces the quantities for
trafficking drugs in the second degree if a person possesses,
purchases, attempts to purchase, has under his or her control,
or brings into this state more than 30 grams of the same
chemicals listed for first degree trafficking.  The penalty is:

(a)  If the amount is more than 30 but less than 60 grams, a
class B felony (5-15 years).  Under current law, the quantities
are more than 150 grams but less than 450 grams;

(b)  If the quantity is 60 grams or more but less than 250
grams, a class A felony.  Currently, a quantity of 450 grams or
more is a class A felony;

(c)  If the quantity is 250 grams or more, a class A felony to
be served without probation or parole;

(4)  Amends the list of regulated chemicals by: including the
esters of Anthranilic acid, Nacetylanthrilic acid, and
Phenylacetic acid; removes Acetic anhydride and Hydriotic acid;
adds sulfuric acid, hydrochloric acid (including hydrogen
chloride gas), iodine and red phosphorous; and corrects the
spelling for propionic anhydride and isosafrole;

(5)  Makes it a class B felony to possess precursor chemicals,
solvents or liquids with the intent to manufacture, compound,
convert, produce, process, prepare, test or otherwise alter the
material or substance to create a controlled substance or a
controlled substance analog in violation of sections 195.005 to
195.425 (Comprehensive Drug Control Act);

(6)  Prohibits the accused who has a previous conviction for
drug trafficking and is charged with trafficking drugs in the
first or second degree from obtaining a bond;

(7)  Makes it a class D felony for a person to knowingly
encourage, aid, or cause a child less than 17 to engage in
conduct which violates chapter 195, RSMo.;

(8)  Clarifies that a report from any crime laboratory state or
federal can be offered into evidence at a preliminary hearing;

(9)  Authorizes the Department of Natural Resources to provide
the resources and personnel to assist in the cleanup and
disposal of the toxic chemicals found in any place where
methamphetamine was manufactured or produced.  The department
may recover the costs of such clean up and disposal from the
responsible parties.  The department is delegated the authority
to adopt such rules as necessary for the implementation and
operation of the department's methamphetamine responsibilities;
and

(10)  Creates the "Methamphetamine Cleanup Fund" in the state
treasury.