2005-01-21                     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.