MILLER SCORES WIN IN RALEIGH FOR PLAYGROUND DRUG SALE BILL

RALEIGH -- Freshman state Rep. Paul Miller gained his first large-scale
legislative victory on Tuesday when the state Senate unanimously approved
his bill to toughen penalties for drug dealers who operate near playgrounds
or public parks.

The measure, which passed the House in late April, is now on its way to
Gov. Mike Easley for his signature. The legislation joins another
lawmaker's bill, which has also been passed, that would toughen penalties
for drug sale convictions near daycare centers. The two measures mirror
older laws that try to protect schools from outside drug activity.

The school law is viewed as a success because there were only 14 arrests
last year for adults selling at or near schools, Miller said.

"Drug dealers have gotten the message," he said. "It all centers around the
feeling that we don't want to have drugs sold near children."

The bill is Miller's first statewide legislative success. He had requested
the measure from state lawmakers while he served as a Durham City
Councilman from 1994 to 1998. Back then, a resident of the McDougald
Terrace public housing community pointed out that drug sales took place at
the community playground.

"I talked to the resident, who asked for something to be done," he said. "I
think it's a real problem."

Durham parks are scenes for drug activity, but they are not the most common
place, said a Durham police officer who did not want to be identified.

"Drug activity does occur in parks, but that's not where the main focus
is," he said, declining to comment on where Durham's drug activity is centered.

The purpose of the law and other similar laws is to push the drug activity
from anywhere children might spend time, Miller said.

Drug sale convictions have a range of punishments depending on the
particulars of the crime, including where, what type of drug and how much
of it is involved. The minimum level of crime for selling in a public park
would be a class E felony, which is higher than many of the standard drug
sale punishments, Miller said.

Depending on a person's past criminal record, a class E felony conviction
would send someone to prison from 2 to 6 years. Some drug convictions, such
as the class C felony of selling to a minor, garner heftier prison terms.
According to the structured sentencing guidelines, someone convicted of
selling drugs to a minor could receive from 51/2 to 121/4 years, depending
on their criminal record.