S.B. 192 Enrolled

CLANDESTINE DRUG LAB AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Pete Suazo
AN ACT RELATING TO CRIMINAL LAW; INCREASING THE PENALTY FOR
OPERATING A CLANDESTINE DRUG LABORATORY IF CHILDREN ARE PRESENT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-37d-5, as last amended by Chapter 64, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-37d-5 is amended to read:
58-37d-5. Prohibited acts -- First degree felony.
(1) A person who violates Subsection 58-37d-4(1)(a), (b), (e), or (f) is guilty of a first
degree felony if the trier of fact also finds any one of the following conditions occurred in
conjunction with that violation:
(a) possession of a firearm;
(b) use of a booby trap;
(c) illegal possession, transportation, or disposal of hazardous or dangerous material or
while transporting or causing to be transported materials in furtherance of a clandestine laboratory
operation, there was created a substantial risk to human health or safety or a danger to the
environment;
(d) intended laboratory operation was to take place or did take place within 500 feet of a
residence, place of business, church, or school;
(e) any phase of the clandestine laboratory operation or production or manufacture of a
controlled or counterfeit substance involved or was conducted in the presence of a person less than
18 years of age;
(f) clandestine laboratory operation actually produced any amount of a specified controlled
substance; or
(g) intended clandestine laboratory operation was for the production of cocaine base or

methamphetamine base.
(2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a)
through (g) of this section occurred in conjunction with the violation, at sentencing for the first
degree felony:
(a) probation shall not be granted;
(b) the execution or imposition of sentence shall not be suspended; and
(c) the court shall not enter a judgment for a lower category of offense.

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