Amendment AA1-SB4

LRBa0510/1

MGD:wlj:rs

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2003 SENATE BILL 4

May 6, 2003 - Offered by Representative Staskunas.

SB4-AA1,1,1 At the locations indicated, amend the bill as follows:

SB4-AA1,1,2 1. Page 3, line 3: delete lines 3 to 6 and substitute:

SB4-AA1,1,3 " Section 3m. 961.41 (3g) (g) of the statutes is created to read:

SB4-AA1,1,13 961.41 (3g) (g) Methamphetamine. 1. If a person possesses or attempts to possess 500 milligrams or less of methamphetamine or a controlled substance analog of methamphetamine, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this subdivision, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB4-AA1,2,3 2. If a person possesses or attempts to possess more than 500 milligrams of methamphetamine or a controlled substance analog of methamphetamine, the person is guilty of a Class I felony.

SB4-AA1,2,5 3. A prosecutor may not charge a person under both subds. 1. and 2. regarding the same incident or occurrence.".

SB4-AA1,2,6 (End)