Adopted

AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2347

BY: Senator(s) Sparks

     AMEND by deleting item 1 on lines 249 through 265 and inserting the following in lieu thereof:

1.  If one (1) gram or less or five (5) dosage units or less:

a.  A first offense is punishable by a fine of not more than Two Hundred Fifty Dollars ($250.00), or not more than thirty (30) days in the county jail, or both.  The court shall require the defendant to be assessed as to whether the defendant should participate in a drug treatment program approved by the Department of Mental Health from a department-certified provider unless the court enters a written finding that a drug treatment program is inappropriate;

b.  A second offense occurring within five (5) years is punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) and not less than five (5) days nor more than six (6) months in the county jail.  The court shall require the defendant to participate in a drug treatment program approved by the Department of Mental Health from a department-certified provider for thirty (30) days with the appropriate level of care to be recommended by the certified provider unless the court enters a written finding that a drug treatment program is inappropriate; or

c.  A third or subsequent offense occurring within five (5) years shall be a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

     FURTHER, AMEND on line 283 by deleting "2027" and inserting in lieu thereof "2029"

     FURTHER, AMEND on line 439 by deleting "2022" and inserting in lieu thereof "2025".

     FURTHER, AMEND the title to conform.