Amendment #1 to H3755

Minimum Mandatory Inclusion

Mr. Whelan of Brewster moves to amend the bill in SECTION 1, by striking, in lines 5 to 8, inclusive, the following : “a net weight of more than 10 grams of fentanyl or any derivative thereof or any mixture containing more than 10 grams of fentanyl or any derivate thereof shall be punished by a term of imprisonment in state prison for not more than 20 years.”, and inserting in place thereof the following:—

“a net weight of 10 grams or more of fentanyl, or a net weight of 10 grams or more of any mixture containing more than 10 grams of fentanyl or any derivative thereof, if the net weight of fentanyl or any derivative thereof, or any mixture thereof is:—

(1) Ten grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not less than 2 not more than 20 years. No sentence imposed under this clause shall be for less than a minimum term of imprisonment of 2 years, and a fine of not less $2,500 nor more than $25,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Thirty-six grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 3 1/2 nor more than 20 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 3 1/2 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more, but less than 200 grams, be punished by a term of imprisonment in the state prison for not less than 8 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 8 years and a fine of not less than $10,0000 nor more than $100,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than 12 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 12 years and a fine of not less than $50,000 nor more than $500,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.”.