SB398 HFA KLEMPA 4-10 #1
Delegate Klempa moves to amend the amendment on page ten, line
five, after the period, by inserting the following:
"ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-406. Distribution to persons under the age of eighteen by
persons over the age of twenty-one; distribution by persons
eighteen or over in or on, or within one thousand feet of,
school or college; increasing mandatory period of
incarceration prior to parole eligibility.
(a) Notwithstanding any other provision of law to the
contrary, a person is ineligible for parole for a period of three
years if he or she is sentenced to the custody of the commissioner
of corrections for service of a sentence of incarceration and is
convicted of a felony violation under the provisions of subdivision
(i), subsection (a), section four hundred one of this article for
distribution of a controlled substance and:
(1) Is twenty-one years of age or older at the time of the
distribution upon which the conviction is based, and the person to
whom the controlled substance was distributed was under the age of
eighteen years at the time of the distribution; or
(2) Is eighteen years of age or older and the distribution
upon which the conviction is based occurred in or on, or within one
thousand feet of, the real property comprising a public or private
elementary, vocational or secondary school or a public or private
college, junior college or university in this state, or within the
first one hundred feet within the view of students awaiting, boarding or exiting a school bus, excluding the interior of all
buildings except school bus stop shelters
.
(b) Notwithstanding any other provision of law to the
contrary, a person is ineligible for parole for a period of two
years if he or she is sentenced to the custody of the commissioner
of corrections for service of a sentence of incarceration and is
convicted of a felony violation under the provisions of subdivision
(ii), subsection (a), section four hundred one of this article for
distribution of a controlled substance and:
(1) Is twenty-one years of age or older at the time of the
distribution upon which the conviction is based, and the person to
whom the controlled substance was distributed was under the age of
eighteen years at the time of the distribution; or
(2) Is eighteen years of age or older and the distribution
upon which the conviction is based occurred in or on, or within one
thousand feet of, the real property comprising a public or private
elementary, vocational or secondary school or a public or private
college, junior college or university in this state, or within the
first one hundred feet within the view of students awaiting,
boarding or exiting a school bus, excluding the interior of all
buildings except school bus stop shelters
.
(c) The existence of any fact which would make any person
subject to the provisions of this section may not be considered
unless the fact is clearly stated and included in the indictment or
presentment by which the person is charged and is either:
(1) Found by the court upon a plea of guilty or nolo contendere;
(2) Found by the jury, if the matter be tried before a jury,
upon submission to the jury of a special interrogatory for such
purpose; or
(3) Found by the court, if the matter be tried by the court
without a jury.
(d) Nothing in this section shall be construed to limit the
sentencing alternatives made available to circuit court judges
under other provisions of this code."