HB 439

Abstract

Possession of controlled substances unlawful;second or subsequent conviction; mandatory minimum. Providesthat the sentence of any person convicted of possession of any controlledsubstance classified in Schedule I or II of the Drug Control Actfor (i) a second offense within less than five years shall includea mandatory minimum sentence of 20 days and a mandatory minimum fineof $500; (ii) a second offense within 10 years shall include a mandatoryminimum sentence of 45 days and a mandatory minimum fine of $500;(iii) three offenses within 10 years shall include a mandatory minimum sentence of 90 days and a mandatory minimum fine of $500, unlessthe three offenses were committed within a five-year period, in whichcase the sentence shall include a mandatory minimum sentence of confinementfor six months and a mandatory minimum fine of $1,000; and (iv) afourth or subsequent offense within 10 years shall include a mandatoryminimum term of imprisonment of one year and a mandatory minimumfine of $1,000. The bill also providesthat the driver's license of any person convicted of possession ofany controlled substance classified in Schedule I or II of the DrugControl Act (a) may be suspended for a period of up to 30 days forthe first offense and (b) shall be suspended for a period of 30 daysfor the second and subsequent offenses.