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H.99

Introduced by   Representatives LaVoie of Swanton, Branagan of Georgia, Dunsmore of Georgia, Endres of Milton, Parent of St. Albans City and Winters of Swanton

Referred to Committee on

Date:

Subject:  Health; possession and control of regulated drugs; selling or dispensing to minors; selling on school grounds, teen center property, or municipal recreation fields

Statement of purpose:  This bill proposes to provide enhanced criminal penalties if a person knowingly and unlawfully dispenses or sells a regulated drug on property on which the Vermont Coalition of Teen Centers operates a teen center, on any property on which a municipal recreation field is located, and on any property that abuts a teen center or municipal recreation field.

AN ACT RELATING TO SELLING OR DISPENSING REGULATED DRUGS ON PROPERTY ASSOCIATED WITH A TEEN CENTER OR ON A MUNICIPAL RECREATION FIELD

It is hereby enacted by the General Assembly of the State of Vermont:


Sec. 1.  18 V.S.A. § 4237 is amended to read:

§ 4237.  SELLING OR DISPENSING TO MINORS; SELLING ON SCHOOL

              GROUNDS

(a)  Dispensing regulated drugs to minors.  A person knowingly and unlawfully dispensing any regulated drug to a minor who is at least three years that person’s junior shall be sentenced to a term of imprisonment of not more than five years.

(b)  Sale of regulated drugs.  A person knowingly and unlawfully selling any regulated drug to a minor shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than ten years.

(c)  Selling on school grounds.  No person shall knowingly and unlawfully:

(1)  dispense or sell a regulated drug to any person on a school bus or on real property owned by a public or private elementary, secondary, or vocational school;

(2)  sell a regulated drug to any person on real property abutting real property owned by a public or private elementary, secondary, or vocational school; or

(3)  dispense a regulated drug to any person in public view on real property abutting real property owned by a school.

(d)  The selling or dispensing of a regulated drug to a person on property abutting school property is a violation under this section only if it occurs within 500 feet of the school property.  Property shall be considered abutting school property if:

(1)  it shares a boundary with school property; or

(2)  it is adjacent to school property and is separated only by a river, stream, or public highway.

(e)  Selling at a teen center or municipal recreation field.  No person shall knowingly and unlawfully:

(1)  dispense or sell a regulated drug to any person on real property on which the Vermont Coalition of Teen Centers operates a teen center or on any real property on which a municipal recreation field is located;

(2)  sell a regulated drug to any person on real property abutting real property on which the Vermont Coalition of Teen Centers operates a teen center or on real property abutting real property on which a municipal recreation field is located; or

(3)  dispense a regulated drug to any person in public view on real property abutting real property on which the Vermont Coalition of Teen Centers operates a teen center or on real property abutting real property on which a municipal recreation field is located.

(f)  The selling or dispensing of a regulated drug to a person on property abutting a teen center or municipal recreation field is a violation under this section only if it occurs within 500 feet of a teen center or municipal recreation field.  Property shall be considered abutting a teen center or municipal recreation field if:

(1)  it shares a boundary with the property on which a teen center or municipal recreation field is located; or

(2)  it is adjacent to property on which a teen center or municipal recreation field is located and is separated only by a river, stream, or public highway.

(g)  A person who violates subsection (c) or (e) of this section shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than ten years.

(f)(h)  As used in this section:

(1)  “Minor” means a person under the age of 18.

(2)  “Owned by a school” means owned, leased, controlled, or subcontracted by a school, and used frequently by students for educational or recreational activities.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us