Vote Smart's Synopsis:

Vote to pass a bill that repeals mandatory minimum sentences for drug crimes and reduces the amount of time drug offenders have to serve in prison for some offenses.

Highlights:

• Establishes an inmate incarcerated for a 'no parole offense' and sentenced to the custody of the Department of Corrections, including an inmate serving time in a local facility according to a designated facility agreement is not eligible for early release, discharge, or community supervision until the inmate has served at least 65% of the actual term of imprisonment imposed if the conviction (Sec. 1.B).

• Establishes someone caught possessing a substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than one year or fined not more than one thousand dollars, or both. In the case of second or subsequent offenses, the offender is guilty of a misdemeanor and must be imprisoned not more than two years or fined not more than two thousand dollars, or both (Sec. 2-4).

• Establishes it is unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma-hydroxybutyrate to an individual with the intent to commit one of the following crimes against that individual (Sec. 7.f):

• Kidnapping;

• Trafficking in persons;

• Criminal sexual conduct in the first, second, or third-degree;

• Criminal sexual conduct with a minor in the first, second, or third-degree;

• Criminal sexual conduct where victim is legal spouse;

• Spousal sexual battery;

• Engaging a child for a sexual performance;

• Petit larceny; or

• Grand larceny.

• Establishes who possesses any other controlled substance or gamma-hydroxybutyrate is guilty of a felony and, upon conviction, must be (Sec. 2-2):

• For a first offense, imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both;

• For a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both; or

• For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than twenty-five years, or fined not more than forty thousand dollars, or both.

• Establishes a person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver methamphetamine or cocaine base, is guilty of a felony and, upon conviction (Sec. 3.B):

• For a first offense, must be sentenced to a term of imprisonment of not more than fifteen five years or fined not more than twenty-five thousand dollars, or both; or

• For a second offense, the offender must be imprisoned for not less than five years nor more than thirty ten years, or fined not more than fifty thousand dollars, or both.

• Specifies the following penalties for twenty-eight grams or more, but less than one hundred grams (Sec. 3.E-1):

• For a first offense, a term of imprisonment of not more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

• For a second offense, a term of imprisonment of not less than five years nor more than thirty fifteen years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

• For a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty twenty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

Full Bill Text