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F I S C A L I M P A C T R E P O R T

SPONSOR Garcia, M.P.

DATE TYPED 1/21/05

HB 110

SHORT TITLE Methamphetamine Offenses Revision

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the District Attorneys (AODA)

SUMMARY

Synopsis of Bill

House Bill 110 adds methamphetamine, its salts, and isomers to the list of drugs in the statute

section defining drugs to which a person can be criminally charged with “trafficking in a con-

trolled substance.”

It also exempts methamphetamine, its salts and isomers from the statute section defining drugs

which a person can be criminally charged with “distributing”.

Significant Issues

By changing the statute, individuals who are “distributing, selling, bartering or giving away”

methamphetamine, its salts and isomers, can be charged criminally with “Trafficking in a Con-

trolled Substance”, a second degree felony. As the statute currently stands, there is no provision

which allows a charge of trafficking in methamphetamine. Current law allows persons to be

charged with distribution which is a lesser offense than trafficking.

House Bill 110 -- Page 2

FISCAL IMPLICATIONS

The fiscal implications are indeterminable at this time. However, as various laws have been

passed either creating new offenses or enhancing penalties the courts caseloads have increased.

ADMINISTRATIVE IMPLICATIONS

This could result in more jury trials as the penalties are increased. It would create additional

work for the courts staff and attorneys.

TECHNICAL ISSUES

The AODA claims that on page 2, lines 4 & 13 deletes “or” in a list of types of drugs which

could be charged in the trafficking or possession with intent to distribute charge. This “or” is

necessary for the clear reading of the options contained within the charging statute. The list is

unclear without the “or”.

DW/lg:yr