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 Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.

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.