To repeal section 195.291, RSMo 1994, relating to prior and persistent drug offenders, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 195.291, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 195.291, to read as follows:

195.291. 1. Any person who has pleaded guilty to or been found guilty of a violation of [subsection 2 of] section 195.211, when punishable as a class B felony, shall be sentenced to the authorized term of imprisonment for a class A felony if the court finds the defendant is a prior drug offender.

2. Any person who has pleaded guilty to or been found guilty of a violation of [subsection 2 of] section 195.211, when punishable as a class B felony, shall be sentenced to the authorized term of imprisonment for a class A felony which term shall be served without probation or parole if the court finds the defendant is a persistent drug offender.