HOUSE BILL NO. 261
INTRODUCED BY L. JENT, BRANAE, CALLAHAN, LASLOVICH, NEWMAN, RASER
AN ACT CREATING THE OFFENSE OF OPERATION OF AN UNLAWFUL CLANDESTINE LABORATORY FOR THE CRIMINAL PRODUCTION OR MANUFACTURE OF DANGEROUS DRUGS; PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 and 2], the following definitions apply:
(1) "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. "Booby trap" includes:
(a) guns, ammunition, or explosive devices that are attached to trip wires or other triggering mechanisms;
(b) sharpened stakes, nails, spikes, electrical devices, lines, or wires with hooks attached; and
(c) devices for the production of toxic fumes or gases.
(2) "Equipment" or "laboratory equipment" means all products, components, or materials of any kind when used, intended for use, or designed for use in the manufacture, preparation, production, compounding, conversion, or processing of a dangerous drug as defined in 50-32-101. "Equipment" or "laboratory equipment" includes but is not limited to:
(a) a reaction vessel;
(b) a separatory funnel or its equivalent;
(c) a glass condensor;
(d) an analytical balance or scale; or
(e) a heating mantle or other heat source.
(3) "Precursor to dangerous drugs" means any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107(1), except as exempted by 45-9-108.
Section 2. Operation of unlawful clandestine laboratory -- penalties. (1) A person commits the offense of operation of an unlawful clandestine laboratory if the person purposely or knowingly engages in:
(a) the procurement, possession, or use of chemicals, precursors to dangerous drugs, supplies, equipment, or a laboratory location for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110;
(b) the transportation of or arranging for the transportation of chemicals, precursors to dangerous drugs, supplies, or equipment for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110; or
(c) the setting up of equipment or supplies in preparation for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110.
(2) Except as provided in subsections (3) and (4), a person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $25,000, be imprisoned in a state prison for a term not to exceed 20 years, or both.
(3) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 25 years, or both, if [section 1 of House Bill No. 521] is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation:
(a) created a substantial risk of death of or serious bodily injury to another;
(b) took place within 500 feet of a residence, business, church, or school; or
(c) took place in the presence of a person less than 18 years of age.
(4) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $100,000, be imprisoned in a state prison for a term not to exceed 40 years, or both, if [section 1 of House Bill No. 521] is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation involved the use of a firearm or booby trap.
Section 3. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 45, chapter 9, part 1, and the provisions of Title 45 apply to [sections 1 and 2].
Section 4. Coordination instruction. If House Bill No. 521 is not passed and approved, then the words "[section 1 of House Bill No. 521] is complied with and" must be deleted from subsections (3) and (4) of [section 2 of this act].
Section 5. Effective date. [This act] is effective July 1, 2001.
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Latest Version of HB 261 (HB0261.ENR)
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