Legislature(2005 - 2006)
2005-01-21 House Journal
Full Journal pdf2005-01-21 House Journal Page 0133 HB 99 HOUSE BILL NO. 99 by the House Rules Committee by request of the Governor, entitled: "An Act relating to controlled substances regarding the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Dept. of Law 3. Zero, Dept. of Public Safety The Governor's transmittal letter dated January 20, 2005, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would make it manslaughter for a person to manufacture or deliver a controlled substance in violation of Alaska's drug laws if a person dies from ingesting the substance. The bill also would make it a class C felony to manufacture or attempt to manufacture methamphetamine in building where one or more children reside. It also would raise the penalty for possessing methamphetamine in solution with intent to extract methamphetamine salts from it. In Whitesides v. State, 88 P. 3d 147 (Alaska App. 2004), the court held that the sentence for a person convicted of selling a controlled substance to another, when the other person dies as a result of ingesting the illegal substance, should not be enhanced by the occurrence of death. The court found that death caused by the controlled substance is not an aggravating factor under current law. This bill would provide that if a person manufactures or delivers a controlled substance that causes death, the person may be prosecuted for manslaughter. 2005-01-21 House Journal Page 0134 According to the Alaska State Troopers Bureau of Alcohol and Drug Enforcement, the manufacture and distribution of methamphetamine in Alaska has reached alarming proportions. In 2003, a total of 66 clandestine labs were discovered in Alaska. Manufacturing methamphetamine is very dangerous and involves the use of ignitable, reactive, and toxic chemicals at the sites, which can result in explosions, fires, and toxic fumes. Children are particularly susceptible to the harmful effects of the chemicals used in the manufacture of methamphetamine. This bill would make it a class C felony to manufacture or attempt to manufacture methamphetamine in a building with reckless disregard that the building is a dwelling for one or more children. This prohibition would apply to apartment units and other rooms or offices that are a part of the building. An offender who manufactures methamphetamine may possess the methamphetamine in an organic solution and extract from the solution powdered methamphetamine for distribution. This extraction may occur several times from the same solution. Under current law, possession of methamphetamine is misconduct involving a controlled substance in the fourth degree, a class C felony. This bill would increase the penalty for possession of methamphetamine in organic solution with the intent to extract powdered methamphetamine to the same level as that for possession of a precursor with the intent to manufacture methamphetamine, a class A felony. The extraction from methamphetamine in solution of the powdered form that it is commonly ingested is as dangerous as possession of a precursor to methamphetamine with the intent to manufacture methamphetamine. It should have the same penalty. Increasing the consequences for dangerous behavior with controlled substances will provide a potent tool to discourage the sale and abuse of dangerous drugs such as methamphetamine. I urge your prompt and favorable consideration of this proposal. Sincerely yours, /s/ Frank H. Murkowski Governor"