Pubdate: Tue, 16 Mar 1999
Source: Sioux City Journal (IA)
Copyright: 1999 Sioux City Journal
Contact:  http://www.siouxcityjournal.com/
Details: http://www.mapinc.org/media/945
Author: Kate Thompson
Bookmark: Methamphetamine http://www.mapinc.org/meth.htm

HOUSE PASSES TOUGHER METH PENALTIES

Dealing Methamphetamine To Minors Could Bring 99-Year Prison Term

DES MOINES - Neighbors living in Rep. Wes Whitead's westside Sioux 
City district are affected by drugs and particularly methamphetamine, 
he told the Iowa House Monday during debate on new penalties for 
methamphetamine.

"Neighbors live in fear," said Whitead, D-Sioux City.

New tougher penalties for manufacturing, possessing or dealing drugs 
were adopted Monday by the Iowa House on an 89-6 vote. All 12 
Siouxland lawmakers voted in favor of the measure. Five House members 
were absent.

The increased penalties for drug offenses, especially 
methamphetamine, are part of a bipartisan program announced recently 
by House and Senate leaders and Iowa Gov. Tom Vilsack.

"Clearly the meth problem is not a partisan issue," said Rep. Chuck 
Larson, R-Cedar Rapids. "Both parties have worked very well on this."

The bill now moves to the Iowa Senate for consideration. Once it has 
passed both houses, it goes to the governor for signature.

Proponents of the measure say it creates an early intervention and 
sends the message to those who deal drugs in Iowa that they will go 
to prison.

"We are not going to give them a $250 fine and say stay out of 
trouble," Larson said. "We are going to intervene now and save their 
lives. ... No longer will we tolerate meth dealers in our 
communities."

Rep. Ed Fallon, D-Des Moines, said he voted against the measure 
because he believed it was not the answer to the drug problem.

"We are deluding ourselves if we think this is going to make people 
think twice about dealing drugs," Fallon said. He added that he does 
not believe those involved in drugs consider the possible 
consequences of their actions.

Under the House bill adopted Monday, manufacturing for or dealing 
meth to a minor is a new offense, punishable by up to 99 years in 
prison for a first offense. The sentence could be reduced one-third 
for accepting responsbility, with other reductions available for 
cooperating with prosecutors. Even with those reductions, there is a 
mandatory 10-year minimum sentence, which would be reduced to five 
years with the application of good time.

But someone who is convicted of a second offense under the new law 
would spend the rest of his or her life in prison, without the 
possibility of parole.

The sentences apply only to those over age 18.

Those who deal methamphetamine to adults would still be guilty of a 
class C felony, as under current law. But the bill allows the court 
to send a first-time offender to drug court, if it is available, or 
up to one year in a community-based corrections facility. Repeat 
offenders are required to serve a mandatory minimum of one-third of 
the maximum 10-year sentence.

Simple possession of methamphetamine or any illegal drug would carry 
a minimum two-day sentence which the court may suspend, placing the 
offender on probation for one year with mandatory drug testing.

The bill expands the list of precursor drugs which are illegal and 
increases penalties for tampering with anhydrous ammonia equipment.

No bail is permitted for smaller dealers and manufacturers while they 
appeal convictions. Submitting to a substance abuse evaluation and 
following the recommendations are a requirement for bail on any drug 
charge.

The Legislative Fiscal Bureau provided a fiscal note for the bill, 
but said it was impossible to estimate the eventual costs associated 
with it.

The other half of the methamphetamine proposal involves $3.7 million 
in increased funding for prevention, treatment and community-based 
corrections. That measure passed the Senate Wednesday. The House 
Appropriations Committee also has approved the funding.
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MAP posted-by: Kirk