HB439 - Controlled substances; possession unlawful, second or subsequent conviction, mandatory minimum fine.

1 Co-Sponsor

Possession of controlled substances unlawful; second or subsequent conviction; mandatory minimum. Provides that the sentence of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act for (i) a second offense within less than five years shall include a mandatory minimum sentence of 20 days and a mandatory minimum fine of $500; (ii) a second offense within 10 years shall include a mandatory minimum 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, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months and a mandatory minimum fine of $1,000; and (iv) a fourth or subsequent offense within 10 years shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000. The bill also provides that the driver's license of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act (a) may be suspended for a period of up to 30 days for the first offense and (b) shall be suspended for a period of 30 days for the second and subsequent offenses.