03/20/2000 01:40 PM Senate JUD

                                                                                                                                
             HB 180-DRUGS WHERE MINORS ARE PRESENT                                                                              
                                                                                                                                
MR. CONOR SULLIVAN, staff to Representative Cowdery, read the                                                                   
following statement:                                                                                                            
                                                                                                                                
     House Bill 180, relating to drugs in the presence of a minor,                                                              
     prohibits an adult from knowingly "allowing, aiding, inducing,                                                             
     causing or encouraging" a minor to "enter or remain" in the                                                                
     "immediate physical presence of the use, manufacture, delivery                                                             
     or display" of drugs.  This crime would be punishable as                                                                   
     contributing to the delinquency of a minor, which is a class                                                               
     A misdemeanor.                                                                                                             
                                                                                                                                
     To explain further, House Bill 180 adds to the current law                                                                 
     that forbids an adult to encourage or aid a child to break the                                                             
     law.  The added prohibition forbids knowingly allowing a child                                                             
     to be in the physical presence of controlled substances.  This                                                             
     merely tightens the expectations placed on adults and sends a                                                              
     clearer message that children and drugs don't mix.                                                                         
                                                                                                                                
     This bill also expands the area in which the co-presence of                                                                
     children and drugs is unallowable.  By replacing the phrase in                                                             
     the same room in a building with the phrase in the immediate                                                               
     physical presence of children are protected in outdoor                                                                     
     situations like a yard, campsite or a park bench.                                                                          
                                                                                                                                
     The other change is where the term sale is changed to                                                                      
     manufacture, use, display or delivery, in order to encourage                                                               
     uniformity of application, and to expand the prohibitions from                                                             
     merely selling.                                                                                                            
                                                                                                                                
     House Bill 180 sends a strong message that penalty provisions                                                              
     for mixing children and drugs are getting stiffer.                                                                         
                                                                                                                                
CHAIRMAN TAYLOR asked if this bill is an expansion or re-definition                                                             
of the "drug free school zone."                                                                                                 
                                                                                                                                
MR. SULLIVAN responded no.                                                                                                      
                                                                                                                                
Number 1125                                                                                                                     
                                                                                                                                
SENATOR HALFORD moved CSHB 180(FIN)am out of committee with                                                                     
individual recommendations.  There being no objection, the motion                                                               
carried.