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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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OfflineEllis Dee
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Pot prosecution bill clears key hurdle * 1
    #22859931 - 02/03/16 03:04 PM (8 years, 1 month ago)

http://www.tennessean.com/story/news/politics/2016/02/02/pot-prosecution-bill-passes-key-hurdle/79720276/

Pot prosecution bill clears key hurdle

Joel Ebert, jebert@tennessean.com 7:35 p.m. CST February 2, 2016

(Photo: Getty Images / iStockphoto )

A Republican-sponsored bill that would make three or more convictions for simple possession or casual exchange of marijuana a misdemeanor rather than a felony passed a key hurdle on Tuesday.

With a unanimous 9-0 vote, the Senate Judiciary Committee approved a bill that would make changes to the prosecution of those found guilty of possessing marijuana and other controlled substances three or more times.

The move is expected to decrease the state's incarceration costs by as much as $2 million, according to the bill's fiscal note.

The change  comes as part of a package deal. The heart of the bill was actually centered on enhancing the state's DUIs laws.

Current law hands out a Class E felony to any person with four of more DUI convictions. The bill would alter the state's law and give a Class C felony to anyone with six or more DUI convictions.

According to the bill's fiscal note, Tennessee annually averages about 456 convictions for four or more DUIs. If the changes proposed in the bill were implemented, the state's correction system would increase by 61 people, including estimates for population growth.

Factoring in recidivism rates, the fiscal note found that the state could reasonably expect 34 additional offenders, which would cost $1.6 million, to enter Tennessee's correctional system each year as a result of the DUI changes.

With that in mind, the bill's sponsors — Sen. Randy McNally, R-Oak Ridge, and Rep. William Lamberth, R-Cottontown — amended it to include the changes to the state's prosecution of offenses involving the possession of controlled substances.

Passage of the bill would actually result in a $342,600 decrease in incarcerations, according to the fiscal note.

"In order to reduce the fiscal effects of the bill it does reduce the simple possession or casual exchange of a controlled substance," McNally said while introducing the bill.

Simple possession is when someone has an illegal substance and they don’t possess it for delivery or sale, said Brent Cooper, District Attorney General for the 22nd Judicial District.

"Typically, 99 percent of the time, it's possessed for personal use," he said.

When asked whether he supports the legislation, Cooper said although he only recently heard about the bill, a colleague of his was in favor of it.

The bill was also amended by Sen. Brian Kelsey, R-Memphis, who sought to make changes to those convicted of carjacking.

Kelsey noted that under current law, offenders convicted of carjacking can serve as little as 30 percent of their sentence before being released on parole.

His amendment, which was adopted by the committee, sought to require any person convicted of carjacking to serve 75 percent of the sentence imposed by the court, minus any earned and retained sentence credits. Kelsey's amendment does not allow the service credits to reduce the time served below 60 percent.

While some on the committee, including Sen. Douglas Overbey, R-Maryville, were hardly enthusiastic about the changes to the prosecution of those in possession of marijuana, it was seen as a necessary compromise due to financial reasons.

"The trade-off is to strengthen our laws against driving while intoxicated to those that are the most grievous offenders and those that are most likely to cause serious bodily injury or death on the highways," Overbey said.

After the committee concluded its discussion on the bill and ultimately voted in its favor, the conversation was moved to another bill aimed at making changes to the prosecution of marijuana possession.

But that bill, sponsored by Sen. Jeff Yarbro, D-Nashville, was ultimately cast aside. Yarbro's bill focused on making changes to the prosecution of marijuana possession and did not include the DUI enhancements that McNally's bill did.

Yarbro argued that McNally's bill would not only make those convicted of possessing marijuana three times or more guilty of a misdemeanor, it would do the same for cocaine, methamphetamine and heroin.

But several senators said they were against Yarbro's bill.

"I favor Sen. McNally's approach with the third conviction not being a felony for simple possession," said Sen. John Stevens, R-Huntingdon. "Under your bill, they will still be felons potentially if they have controlled substances, not marijuana, in small amounts."

Sen. Mike Bell, R-Riceville, laid out his reasons for opposing Yarbro's bill, saying, "Lessening the punishment for the crime gave me some heartburn. But with the previous bill I got a little sugar with the bill that helped the medicine go down. With this bill I don't."

Yarbro encouraged the committee to pass his bill in the event that McNally's legislation were to fail to make its way through the Senate and House. But Yarbro ultimately agreed to place his bill on the committee's last calendar. The move allows Yarbro to bring his bill back before the committee in case it is necessary.

With the committee's action, McNally's bill is now headed to the Senate Finance, Ways and Means Committee.

Reach Joel Ebert at 615-259-8379 and on Twitter @joelebert29.


--------------------
"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,

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OfflineKonyap

Registered: 06/30/07
Posts: 33,945
Loc: Planet Piss
Last seen: 4 years, 4 months
Re: Pot prosecution bill clears key hurdle [Re: Ellis Dee]
    #22860689 - 02/03/16 06:17 PM (8 years, 1 month ago)

tornado's are mad trippy man

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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