POISONING FOOD SUPPLY: SENTENCING GUIDELINES
Senate Bill 996 (Substitute H-1)
First Analysis (2-27-02)
House Committee: Criminal Justice
Senate Committee: Judiciary
Currently, it is a felony to willfully poisoning any food, drink, nonprescription medicine, pharmaceutical product, spring, well, reservoir, or public water supply if the poisoner knew or should have known that the material could be ingested or used by a person to his or her injury. House Bill 5507, which has previously been passed by the House and is pending Senate floor action, would increase the penalties for this crime. It is, therefore, necessary to also amend the sentencing guidelines contained in the Code of Criminal Procedure to reflect the increases in the maximum term of imprisonment for these crimes.
THE CONTENT OF THE BILL:
The bill would amend the Code of Criminal Procedure to specify the following:
· Poisoning food, drink, medicine, or water supply would be a Class C felony against the public safety with a maximum term of imprisonment of 15 years.
· Poisoning food, drink, medicine, or water supply causing property damage would be a Class B felony againstproperty with a maximum term of imprisonment of 20 years.
· Poisoning food, drink, medicine, or water supply causing injury would be a Class A felony against a person with a maximum term of imprisonment of 25 years
· Poisoning food, drink, medicine, or water supply causing serious impairment would be a Class A felony against a person with a maximum term of imprisonment for life.
· False report of poisoning food, drink, medicine, or water supply would be a Class F felony against public order with a maximum term of imprisonment of 4 years.
· False report of poisoning food, drink, medicine, or water supply with a prior conviction would be a Class D felony against public order with a maximum term of imprisonment of 10 years.
The bill could not take effect unless House Bill 5507 was also enacted. The bill would take effect May 1, 2002.
HOUSE COMMITTEE ACTION:
The committee adopted a substitute bill that specified an effective date of May 1, 2002.
BACKGROUND INFORMATION:
The bill is part of the anti-terrorism legislation and is a companion bill to House Bill 5507, which has previously passed the House and is pending Senate floor action.
FISCAL IMPLICATIONS:
According to the House Fiscal Agency, House Bill 5507 and Senate Bill 996 could increase state and local correctional costs depending on the circumstances involved. In 1999, two offenders were sentenced under the applicable portion of the penal code; one received probation, and one received a prison sentence. Any revenue received in penal fines is constitutionally dedicated to local libraries. (2-27-02)
According to the Senate Fiscal Agency, the bill would have an indeterminate fiscal impact on state and local government. Together with House Bill 5507, the bill could add to criminal justice costs by distinguishing between injury and serious impairment, adding new crimes for causing property damage and for falsely reporting with a previous conviction, and changing the crime classes for existing crimes to those with a longer maximum term. (2-4-02)
ARGUMENTS:
For:
The bill is a companion bill to House Bill 5507 and merely places the maximum term of imprisonment for crimes related to the willful poisoning of food, water supplies, and medicine in the section of the Code of Criminal Procedure that lists the maximum terms of imprisonment for various crimes.
POSITIONS:
The Prosecuting Attorneys Association supports the bill. (2-26-02)
The office of attorney general supports the bill. (2-26-02)
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.