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2013 Session

Budget Amendments - HB1500 (Member Request)

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Chief Patron: Gilbert
Increasing Penalties for Sale of Tax-Paid Cigarettes

Item 389 #11h

Item 389 #11h

First Year - FY2013 Second Year - FY2014
Public Safety
Corrections, Department of FY2013 $0 FY2014 $50,000 GF

Language
Page 341, line 18, strike "$94,276,988" and insert "$94,326,988".
Page 344, after line 17, insert:
"11.  To increase the penalties for first and second convictions for possession with intent to distribute tax-paid contraband cigarettes -- $50,000."


Explanation
(This amendment provides for the criminal bed space needs associated with increasing the penalty for possession of tax-paid contraband cigarettes with the intent to distribute them. Currently, any person convicted of possessing, with intent to distribute, 25 cartons of tax-paid cigarettes is guilty of a Class 2 misdemeanor for a first offense and Class 1 misdemeanor for a second or subsequent offense. House Bill 1783 would increase the penalty to a Class 1 misdemeanor for offenses involving less than 500 cartons and a Class 6 felony for offenses involving 500 or more cartons of cigarettes. In addition, the penalty for a second or subsequent offense would be elevated to a Class 6 felony for offenses involving less than 500 cartons and to a Class 5 felony for offenses involving 500 or more cartons of cigarettes. The amendment is subject to the adoption of House Bill 1783 by the 2013 Session of the General Assembly.)