Introduced Version
HOUSE BILL No. 1515
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-41-1-18.2; IC 35-48-4.
Synopsis: Manufacturing methamphetamine; controlled substance
waste. Enhances the penalty for dumping controlled substance waste
and for manufacturing methamphetamine if the crimes are committed
in a location accessible to children.
Effective: July 1, 2007.
Bell
January 23, 2007, read first time and referred to Committee on Courts and Criminal Code.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1515
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 35-41-1-18.2; (07)IN1515.1.1. -->
SECTION 1. IC 35-41-1-18.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18.2. "Location accessible to
children" means any location, including a park, school, building,
residence, or vehicle:
(1) where a child less than eighteen (18) years of age is
present; or
(2) to which a child less than eighteen (18) years of age has
access.
SOURCE: IC 35-48-4-1.1; (07)IN1515.1.2. -->
SECTION 2. IC 35-48-4-1.1, AS ADDED BY P.L.151-2006,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1.1. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
methamphetamine, pure or adulterated; or
(2) possesses, with intent to:
(A) manufacture;
(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
more;
(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; or
(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
(4) the person manufactured the drug in a location accessible
to children.
SOURCE: IC 35-48-4-4.1; (07)IN1515.1.3. -->
SECTION 3. IC 35-48-4-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.1. (a) A person who
dumps, discharges, discards, transports, or otherwise disposes of:
(1) chemicals, knowing the chemicals were used in the illegal
manufacture of a controlled substance or an immediate precursor;
or
(2) waste, knowing that the waste was produced from the illegal
manufacture of a controlled substance or an immediate precursor;
commits dumping controlled substance waste, a Class D felony.
However, the offense is a Class C felony if it is committed in a
location accessible to children.
(b) It is not a defense in a prosecution under subsection (a) that the
person did not manufacture the controlled substance or immediate
precursor.
SOURCE: ; (07)IN1515.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2007]
IC 35-48-4-1.1 and
IC 35-48-4-4.1, both as amended by this act, apply only to crimes
committed after June 30, 2007.