- Introduced -

SB 806 - This act strengthens law enforcement's ability to fight the production and use of methamphetamine. The act contains the following main provisions:

POSSESSION OF DRUG PARAPHERNALIA: This crime is currently a Class A misdemeanor. The act adds an exception to make it a Class D felony in cases where the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture or test amphetamine or methamphetamine.

POSSESSION OF PRECURSOR CHEMICALS: Possession of chemicals "proven to be precursors of methamphetamine" is added to description of crime; penalty enhanced from D to C felony. State may present expert testimony to prove that a chemical is an immediate precursor ingredient of methamphetamine.

MULTIJURISDICTIONAL ENFORCEMENT GROUPS: The act amends statutes concerning multijurisdictional enforcement groups ("MEG"s) to target the enforcement of drug laws regarding methamphetamine, and limits their formations to counties of the second, third and fourth classification. A MEG policy board shall be established for composed of an elected official or designee and the sheriff of each participating county to oversee its operations, and shall report to the Department of Public Safety. One person shall be named to act as the financial officer of the MEG. The Department Of Public Safety monitors the programs, and file an annual report to the Governor and the General Assembly.

EVIDENCE OF HAZARDOUS MATERIALS: Any law enforcement officer who seizes hazardous materials as evidence may collect representative samples and destroy or dispose of the remaining materials. These samples may be used in any prosecution accompanied by verifying documentation. The weight and quantity needed to prove that element of any offense shall be held as evidence; any amount in excess may be destroyed. Documentary evidence of the destroyed substances shall be admissible in any proceeding.

ENDANGERING THE WELFARE OF A CHILD: Adds the element of aiding, through payment or coercion, a person under seventeen to manufacture, sell, transport or test amphetamine or methamphetamine.

STEALING: If an actor appropriates any material worth less than $150 with intent to the material to manufacture or test amphetamine or methamphetamine, the violation is a Class D felony.

PROVIDING PRECURSOR MATERIALS: Any person who provides any precursor materials knowing they are intended to be used for the production of methamphetamine is guilty of a Class D felony.

JOAN GUMMELS