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5 AN ACT RELATING TO CRIMINAL LAW; INCREASING THE PENALTY FOR
6 OPERATING A CLANDESTINE DRUG LABORATORY IF CHILDREN ARE PRESENT.
7 This act affects sections of Utah Code Annotated 1953 as follows:
9 58-37d-5, as last amended by Chapter 64, Laws of Utah 1997
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 58-37d-5 is amended to read:
12 58-37d-5. Prohibited acts -- First degree felony.
13 (1) A person who violates Subsection 58-37d-4(1)(a), (b), (e), or (f) is guilty of a first
14 degree felony if the trier of fact also finds any one of the following conditions occurred in
15 conjunction with that violation:
16 (a) possession of a firearm;
17 (b) use of a booby trap;
18 (c) illegal possession, transportation, or disposal of hazardous or dangerous material or
19 while transporting or causing to be transported materials in furtherance of a clandestine laboratory
20 operation, there was created a substantial risk to human health or safety or a danger to the
22 (d) intended laboratory operation was to take place or did take place within 500 feet of a
23 residence, place of business, church, or school;
24 (e) any phase of the clandestine laboratory operation or production or manufacture of a
25 controlled or counterfeit substance involved or was conducted in the presence of a person less than
26 18 years of age;
27 (f) clandestine laboratory operation actually produced any amount of a specified controlled
1 substance; or
2 (g) intended clandestine laboratory operation was for the production of cocaine base or
3 methamphetamine base.
4 (2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a)
5 through (g) of this section occurred in conjunction with the violation, at sentencing for the first
6 degree felony:
7 (a) probation shall not be granted;
8 (b) the execution or imposition of sentence shall not be suspended; and
9 (c) the court shall not enter a judgment for a lower category of offense.
Legislative Review Note
as of 2-3-98 10:25 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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