HB 1548-FN – AS AMENDED BY THE HOUSE

5Mar2014… 0159h

2014 SESSION

14-2530

04/03

HOUSE BILL 1548-FN

AN ACT eliminating separate penalties for crack cocaine.

SPONSORS: Rep. Winters, Hills 18; Rep. Michael Garcia, Hills 34; Rep. O'Flaherty, Hills 12

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the definition of cocaine in the controlled drug act to include crack cocaine and eliminates separate penalties for crack cocaine.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Mar2014… 0159h

14-2530

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT eliminating separate penalties for crack cocaine.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Controlled Drug Act; Definitions. Amend RSA 318-B:1, V to read as follows:

V. “Cocaine-type drugs” means coca leaves, cocaine, ecgonine, and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect and which show a like potential for abuse. “Cocaine-type drugs” shall also include crack cocaine, also known as cocaine base or rock cocaine, which is the free base form of cocaine in which the molecule is not chemically combined as an acid salt.

2 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a)(1)(B) to read as follows:

(B) Cocaine [other than crack cocaine], its salts, optical and geometric isomers, and salts of isomers; or

3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a)(3) to read as follows:

(3) Heroin or its analog [or crack cocaine] in a quantity of 5 grams or more, including any adulterants or dilutants.

4 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(b)(1) to read as follows:

(1) A substance or mixture referred to in subparagraph I(a)(1) of this section[, other than crack cocaine], in a quantity of 1/2 ounce or more, including any adulterants or dilutants;

5 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(b)(4) to read as follows:

(4) Heroin or its analog [or crack cocaine] in a quantity of one gram or more, including any adulterants or dilutants;

6 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(c)(1) to read as follows:

(1) A substance or mixture referred to in subparagraph I(a)(1) of this section[, other than crack cocaine,] in a quantity less than 1/2 ounce including any adulterants or dilutants;

7 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(c)(4) to read as follows:

(4) Heroin or its analog [or crack cocaine] in a quantity of less than one gram, including any adulterants or dilutants;

8 Repeal. RSA 318-B:1, VI-b, relative to the definition of crack cocaine, is repealed.

9 Effective Date. This act shall take effect 60 days after its passage.

LBAO

14-2530 Amended 03/10/14

HB 1548-FN FISCAL NOTE

AN ACT eliminating separate penalties for crack cocaine.

FISCAL IMPACT:

METHODOLOGY: