HOUSE PASSES TOUGHER METH PENALTIES

Dealing Methamphetamine To Minors Could Bring 99-Year Prison Term

DES MOINES - Neighbors living in Rep. Wes Whitead's westside Sioux
City district are affected by drugs and particularly methamphetamine,
he told the Iowa House Monday during debate on new penalties for
methamphetamine.

"Neighbors live in fear," said Whitead, D-Sioux City.

New tougher penalties for manufacturing, possessing or dealing drugs
were adopted Monday by the Iowa House on an 89-6 vote. All 12
Siouxland lawmakers voted in favor of the measure. Five House members
were absent.

The increased penalties for drug offenses, especially
methamphetamine, are part of a bipartisan program announced recently
by House and Senate leaders and Iowa Gov. Tom Vilsack.

"Clearly the meth problem is not a partisan issue," said Rep. Chuck
Larson, R-Cedar Rapids. "Both parties have worked very well on this."

The bill now moves to the Iowa Senate for consideration. Once it has
passed both houses, it goes to the governor for signature.

Proponents of the measure say it creates an early intervention and
sends the message to those who deal drugs in Iowa that they will go
to prison.

"We are not going to give them a $250 fine and say stay out of
trouble," Larson said. "We are going to intervene now and save their
lives. ... No longer will we tolerate meth dealers in our
communities."

Rep. Ed Fallon, D-Des Moines, said he voted against the measure
because he believed it was not the answer to the drug problem.

"We are deluding ourselves if we think this is going to make people
think twice about dealing drugs," Fallon said. He added that he does
not believe those involved in drugs consider the possible
consequences of their actions.

Under the House bill adopted Monday, manufacturing for or dealing
meth to a minor is a new offense, punishable by up to 99 years in
prison for a first offense. The sentence could be reduced one-third
for accepting responsbility, with other reductions available for
cooperating with prosecutors. Even with those reductions, there is a
mandatory 10-year minimum sentence, which would be reduced to five
years with the application of good time.

But someone who is convicted of a second offense under the new law
would spend the rest of his or her life in prison, without the
possibility of parole.

The sentences apply only to those over age 18.

Those who deal methamphetamine to adults would still be guilty of a
class C felony, as under current law. But the bill allows the court
to send a first-time offender to drug court, if it is available, or
up to one year in a community-based corrections facility. Repeat
offenders are required to serve a mandatory minimum of one-third of
the maximum 10-year sentence.

Simple possession of methamphetamine or any illegal drug would carry
a minimum two-day sentence which the court may suspend, placing the
offender on probation for one year with mandatory drug testing.

The bill expands the list of precursor drugs which are illegal and
increases penalties for tampering with anhydrous ammonia equipment.

No bail is permitted for smaller dealers and manufacturers while they
appeal convictions. Submitting to a substance abuse evaluation and
following the recommendations are a requirement for bail on any drug
charge.

The Legislative Fiscal Bureau provided a fiscal note for the bill,
but said it was impossible to estimate the eventual costs associated
with it.

The other half of the methamphetamine proposal involves $3.7 million
in increased funding for prevention, treatment and community-based
corrections. That measure passed the Senate Wednesday. The House
Appropriations Committee also has approved the funding.