House Bill 1406
Enrolled House Bill (H)
DIGEST
Criminal offenses. Provides that a person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine commits manufacturing methamphetamine, a Level 4 felony. Specifies circumstances under which the crime is a Level 3 or Level 2 felony. Provides that the crime of strangulation includes application of pressure to a victim's torso, and increases the penalty to a Level 5 felony if it is knowingly committed against a pregnant woman. Provides that a person commits controlled substances criminal mischief if the person damages property while manufacturing or dealing in a controlled substance. (Under current law, the statute applies only to
Criminal offenses. Provides that a person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine commits manufacturing methamphetamine, a Level 4 felony. Specifies circumstances under which the crime is a Level 3 or Level 2 felony. Provides that the crime of strangulation includes application of pressure to a victim's torso, and increases the penalty to a Level 5 felony if it is knowingly committed against a pregnant woman. Provides that a person commits controlled substances criminal mischief if the person damages property while manufacturing or dealing in a controlled substance. (Under current law, the statute applies only to
certain controlled substances.) Creates an enhancement to obstruction of justice if a person interferes with a witness during the investigation or pendency of a domestic violence or child abuse case. Increases the penalty for receiving stolen auto parts if the person has a prior conviction for this offense or for auto theft. Defines "drug related felony", and requires the division of state court administration to report certain drug related felonies to the National Precursor Log Exchange (NPLEx) so that NPLEx can generate a stop sale alert to prevent individuals with drug related felonies from purchasing ephedrine or pseudoephedrine. Provides that the offense of possession of a precursor by a methamphetamine offender (which prohibits the possession of pseudoephedrine or ephedrine without a prescription by persons convicted of certain offenses) applies to a person who has been convicted of a drug related felony. Makes cemetery mischief: (1) a Class A misdemeanor if the pecuniary loss is less than $750; (2) a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000; and (3) a Level 5 felony if the pecuniary loss is at least $50,000. Increases the penalty for contributing to the delinquency of a minor: (1) to a felony of the same level as the delinquent act committed by the child, if the child commits an act that would be a felony if committed by an adult; and (2) to a felony one level higher than the level that the delinquent act would be if committed by an adult, with the exception of murder or a Level 1 felony, if the person who commits the offense is at least 21 years of age, the child is less than 16 years of age, and the child commits a delinquent act that would be a misdemeanor or felony if committed by an adult. Establishes sentence enhancements applicable if a certain quantity of heroin is sold within a 90 day period. Makes dealing in heroin as a Level 2 or Level 3 felony nonsuspendible if the person has a prior felony conviction.
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