SB 3: Enhanced penalty for dealing drugs near a church

Senate Bill 3 Controlled Substances. Sen. Drozda:

Provides that dealing in cocaine or a narcotic drug within 1,000 feet of a church, synagogue, temple, mosque, or house of worship is a Class A felony.

Senator Drozda’s original version just enhanced the penalty for dealing drugs within 1,000 feet of a church. The Senate Committee on Corrections, Criminal, and Civil Matters amended the bill to include synagogues, temples, mosques, or houses of worship and passed the measure, as amended, by a vote of 6 to 5. All of the Democrats and Republican Michael Young voted against it. Currently the enhancement from a “B” felony to an “A” felony is reserved for selling more than 3 grams, selling to a minor, or selling in, on, or near a school, park, family housing project, or youth program center. Prior policy seems to reflect the idea that selling drugs to or around young people is more harmful than selling to adults. (But, to be clear, a “B” felony results in some pretty stiff penalties.) Given Sen. Drozda’s legislative history, I get the feeling he’s more concerned about profaning a holy place than anything else.

At the end of the day, I think a “B” felony is stiff enough for pretty much any drug charge. If they’re not going to rethink their actions when facing a 6 to 20 year prison sentence and a $10,000 fine, I doubt the “A” felony with 20 to 50 years is going to have a greater deterrent effect. Not that the penalty isn’t significantly greater. It is. But, the sorts of folks who are going to ignore a 6 to 20 year sentence probably aren’t exactly “deep thinkers.” So, we’ll end up with approximately the same level of crime and more jail cells. And, I have a hard time regarding sale of a drug to a willing, adult buyer as being more serious than rape (a Class B felony) or voluntary manslaughter (a Class B felony) — even if it happens to be sold near a church.

[tags]SB3-2007, crime[/tags]