HB676: Methamphetamine; increases mandatory minimum sentence range for manufacturing, etc.

HOUSE BILL NO. 676

Offered January 8, 2014
Prefiled January 7, 2014
A BILL to amend and reenact § 18.2-248.03 of the Code of Virginia, relating to manufacturing, etc., methamphetamine; mandatory minimum sentence.
Patron-- Poindexter

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-248.03 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-248.03. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty.

A. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five 10 nor more than 40 years, three 10 years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.

B. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for not less than five 10 years nor more than life, five 10 years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $2,660,812 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.