Signed by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that repeals certain sentencing enhancements based upon where crimes were committed.

Highlights:

• Amends the definition for “Protected school zone” to include “areas accessible to the public” which are sidewalks, streets, parking lots, parks, playgrounds, stores, and restaurants (Sec. 1).

• Requires an individual arrested inside a protected school zone for manufacturing, delivering, or possessing a controlled substance to have committed the aggravation physically inside the zone and prohibits any charges from being filed if the offense took place outside the protected school zone (Sec. 2).

• Amends the definition of “Tier 1 Controlled Substance Quantity” to include 30 or more identical doses of a narcotic Schedule I or II controlled substance that is a prescription drug and 3 or more grams of any mixture that contains a Schedule II or III prescription drug (Sec. 4).

• Amends the definition of “Tier 2 Controlled Substance Quantity” include 60 or more identical doses of a narcotic Schedule I or II controlled substance that is a prescription drug and 6 or more grams of any mixture that contains a Schedule II or III prescription drug (Sec. 4).

• Prohibits any individual from manufacturing, delivering, or possessing a controlled substance of Tier 1, 2 or 3 quantity and specifies that if violated, guilty of a Class D felony (Secs. 8-10).

• Repeals the previous automatic sentence enhancement requirements for first time offender treatment related to narcotic drugs, marijuana, stimulants, depressants or hallucinogenic drugs (Sec. 16).

Full Bill Text