HB2083 H DA AM 2-16 #1

            The Committee on the Prevention and Treatment of Substance Abuse moves to amend the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 10.  METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-12.  Exposure of children to methamphetamine manufacturing; penalties.

 (a) Any person eighteen years of age or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction, shall be confined imprisoned in a state correctional facility for not less than one five nor more than five thirty years, fined not more than $10,000, or both fined and imprisoned: Provided, That if the minor suffers a serious bodily injury while present in such location, the penalty for a violation of this subsection shall be imprisonment in a state correctional facility for not less than ten nor more than thirty years, fined not more than $25,000, or both fined and imprisoned.

(b) Notwithstanding the provisions of subsection (a) of this section, the penalty for a violation of said subsection when the child suffers serious bodily injury as such is defined in the provisions of section one, chapter eight-b of this code shall be confined in a state correctional facility for not less than three nor more than fifteen years, fined not more than twenty-five thousand dollars, or both.

(b) As used in subsection (a) of this section, “serious bodily injury” shall have the same meaning as this term is defined in section one, article eight-b, chapter sixty-one of this code.