AG 1992 06 01 - Laserfiche WebLink

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LEGISLATION In the 1991 session, 20 bills were introduced which were requesled by law enforcement and treat- ment professionals involved with day-to-day problems of subslance abuse in North Carolina. These recommendations were contained in 1he state plan. None of these bills passed. Several were never even considered by committees of the General Assembly. A summary of those bills follows: MANDATORY SENTENCE FOR DRUG DEAL. lNG: Establishes mandatory minimum sentence for drug dealers. SB 258 HB 304 FELONY MURDER RULE: Death penalty in first-degree murder cases where death occurs as aresult of illegal drug sale, delivery or traf- ficking. SB 420 USE OF FIREARM DURING DRUG OF- FENSES: Mandatory 10-year offense for those who use or possessa firearm during commis- sion of a drug felony. HB 349 MARIJUANA TRAFFICKING AMENDMENT: Establishes a 5-year sentence for anyone in possession of 100 or more plants regardless of size. SB 366 MARIJUANA USER ACCOUNTABILITY: Helps reduce the huge market for marijuana among so-called "casual users" (who provide billions of dollars to the drug cartels) by in- creasing the sanctions for subsequent possessions of one ounce or less of the drug. HB 470 FELONY TO FORTIFY DRUG HOUSE: Makes it a felony to bar police from residence used to distribute drugs. Now, by using high chain- link fences, barricaded doors and windows, at- tack dogs and booby traps, drug dealers are able to hinder drug enforcement officers from lawfully entering the premises. The drug dealers thereby gain time to destroy evidence and potentially endanger the lives of police of- ficers. HB 508 POSSESSION OF PRESCRIPTION DRUGS: Lowers the threshold amount for felony charges. HB 195 DENY SECONDARY EDUCATION BENEFITS FOR DRUG FELONS: Denies state educa- tional financial aid or benefits to any drug felon up to one year for first conviction, per- manently for any subsequent conviction. HB 457 LICENSE SUSPENSIONS FOR DRUG VIOLATORS: Suspension of professional and commercial licenses issued by the state. HB 552 DRIVERS LICENSE REVOCATION: Revokes driver's license for varying periods after drug/DWI violations. HB 297 DRIVING AFTER DRUG CONVICTION: Makes it a felony to drive without a license after the license has been suspended or revoked for a DWI or drug offense. HB 298 TRIPLICATE PRESCRIPTION PADS: Requires use of triplicate pads to prevent the illegal sale of prescription drugs. HB 539 ARREST POWER TO LAW ENFORCEMENT OFFICERS: Authorizes all state certified law enforcement officers to arrest for drug of- fenses. HB 436 ELECTRONIC SURVEILLANCE: Authorizes use of electronic surveillance in investigations of drug trafficking offenses. SB 279 FAILURE TO PARTICIPATE IN TREAT- MENT: Forces substance abusing parents to participate in cour~ ordered treatment or face civil penalties. HB 522 COMMITMENT FOR DRUG TREATMENT: Assists families of substance abusers in com- mitting the drug addict to a mental health hospital for assessment in emergency situa- tions (similar to procedures available for the mentally ill). HB 527 CHILD NEGLECT EXPOSURE TO DRUGS: Provides that newborns who were exposed to drugs prior to birth shall be added to the definition of "neglect". The proposed change also provides that no parent of such a newborn infant shall be subject to criminal investiga- tion solely on the basis of such infant's ex- posure to controlled substances or alcohol. HB 540' INCREASED PENALTIES FOR INVOLVING YOUTH: Increases the penalties for involving children in drug trafficking crimes. HB 526 -10-