HOUSE BILL No. 1338
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-48-4-1.1.
Synopsis: Methamphetamine production. Enhances the penalty for
manufacturing methamphetamine to a Class A felony if: (1) the
laboratory or chemicals used to manufacture the methamphetamine; or
(2) waste from the manufacture of the methamphetamine; causes
serious bodily injury or death to a person other than the defendant.
Effective: July 1, 2010.
Bell, Yarde, Pearson
January 13, 2010, read first time and referred to Committee on Courts and Criminal Code.
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1338
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-48-4-1.1; (10)IN1338.1.1. -->
SECTION 1. IC 35-48-4-1.1, AS ADDED BY P.L.151-2006,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1.1. (a) A person who:
(1) knowingly or intentionally:
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
methamphetamine, pure or adulterated; or
(2) possesses, with intent to:
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
methamphetamine, pure or adulterated;
commits dealing in methamphetamine, a Class B felony, except as
provided in subsection (b).
(b) The offense is a Class A felony if:
(1) the amount of the drug involved weighs three (3) grams or
(2) the person:
(A) delivered; or
(B) financed the delivery of;
the drug to a person under eighteen (18) years of age at least three
(3) years junior to the person;
(3) the person manufactured, delivered, or financed the delivery
of the drug:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center; or
(A) laboratory or chemicals used to manufacture the
(B) waste from the manufacture of the methamphetamine;
causes serious bodily injury or death to a person other than
SOURCE: ; (10)IN1338.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2010] IC 35-48-4-1.1, as
amended by this act, applies only to crimes committed after June