January 7, 2013, read first time and referred to Committee on Courts and Criminal Code.
January 17, 2013, reported _ Do Pass.
January 18, 2013
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
HOUSE BILL No. 1064
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-48-4-14.5; (13)HB1064.1.1. -->
SECTION 1. IC 35-48-4-14.5, AS AMENDED BY P.L.151-2006,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14.5. (a) As used in this section, "chemical
reagents or precursors" refers to one (1) or more of the following:
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(40) Ammonium chloride.
(41) Potassium iodide.
(42) Calcium chloride.
(b) A person who possesses more than ten (10) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, pure or adulterated,
commits a Class D felony. However, the offense is a Class C felony if
the person possessed:
(1) a firearm while possessing more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
adulterated; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, pure or adulterated, in, on, or within one
thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(c) A person who possesses anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with the intent to manufacture
methamphetamine or amphetamine, schedule II controlled substances
under IC 35-48-2-6, commits a Class D felony. However, the offense
is a Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with intent to manufacture
methamphetamine or amphetamine, schedule II controlled
substances under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1) with intent to manufacture methamphetamine or
amphetamine, schedule II controlled substances under
IC 35-48-2-6, in, on, or within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman, or common carrier or
an agent of any of these persons if the possession is in the regular
course of lawful business activities; or
(2) person who possesses more than ten (10) grams of a substance
described in subsection (b) if the substance is possessed under
circumstances consistent with typical medicinal or household use,
including:
(A) the location in which the substance is stored;
(B) the possession of the substance in a variety of:
(i) strengths;
(ii) brands; or
(iii) types; or
(C) the possession of the substance:
(i) with different expiration dates; or
(ii) in forms used for different purposes.
(e) A person who possesses two (2) or more chemical reagents or
precursors with the intent to manufacture a controlled substance
commits a Class D felony.
(f) An offense under subsection (e) is a Class C felony if the person
possessed:
(1) a firearm while possessing two (2) or more chemical reagents
or precursors with intent to manufacture a controlled substance;
or
(2) two (2) or more chemical reagents or precursors with intent to
manufacture a controlled substance in, on, or within one thousand
(1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(g) A person who sells, transfers, distributes, or furnishes a chemical
reagent or precursor to another person with knowledge or the intent that
the recipient will use the chemical reagent or precursors to manufacture
a controlled substance commits unlawful sale of a precursor, a Class D
felony.