BOISE, Idaho — House Bill 67 was held in the Idaho House Judiciary, Rules and Administration Committee Thursday after more than two hours of testimony.
The proposed law redefines mandatory minimum sentences for a sufficient amount of heroin possession that the state defines as "trafficking." HB67 also wants to add fentanyl to the state's list of illegal drugs that are punishable by a mandatory minimum sentence.
The bill would raise the smallest amount of heroin possession sufficient for a trafficking charge from 2 grams up to 7 grams. The same standard applies for fentanyl.
Law enforcement testified one gram of fentanyl is equivalent to 500 doses.
"We are focused on people who are convicted of trafficking fentanyl under this bill. Not addicts and not users. We are looking at people who have trafficking amount of weight and are killing our family members in this state," Meridian Police Chief Tracy Basterrechea testified in committee. "This bill focuses on deterring people from trafficking fentanyl.
However, critics of the bill argued Idaho law - unchanged by this proposed amendment - does not require the state to quantify the exact amount of illegal drugs in a mixed substance.
"Any mixture or substance containing a detectable amount of any such substance is guilty of a felon which felony shall be known as 'trafficking in fentanyl,'" the bill read in part.
Similar language outlines mandatory minimum sentences for marijuana, meth, cocaine, and heroin in the bill and pre-existing Idaho law.
"Until we actually address this in state law, we will be continually penalizing people without that parody in law," Rep. Colin Nash (D-Boise/Garden City) told KTVB. "We take the fentanyl crisis seriously. But we need to not jump to throwing people in prison for decades and decades when the punishment may not fit the crime."
Rep. Nash has concerns over mandatory minimums as a whole. By nature, they take power away from judges and transfer that same power to prosecutors, according to Rep. Nash.
"That's why we have judges there," Rep. Nash said. "We should empower them to use their discretion on a case-by-case basis."
Amy Lorance knows firsthand how much a categorical mandatory minimum sentence can impact someone's life. Her daughter's childhood friend, Jade Hooker, received a 10-year mandatory minimum sentence five years ago.
"I've known Hooker since she was 8 years old. He family moved in next door to my house," Lorance said. " Her mom would leave and not leave her with food, money to buy food, or the power would be off. This god-awful place she got - the ceilings were low. It looked like a bunker."
Without family support, Hooker moved in with her boyfriend and his father. The two men sold heroin, according to Lorance. While Hooker had used the drug, she was not selling, Lorance said.
Police "raided" the residence and found heroin, according to Lorance. Under mandatory minimum laws, the state did not have to prove Hooker has any intent to sell or distribute the drugs. A judge was forced to sentence Hooker to at least 10 years in prison for trafficking.
She was 19 years old.
"She's never had any legal issues before. No problems with the law," Lorance said. "It should be a case-by-case basis."
Hooker is an online student at Boise State University working toward her degree. She works multiple jobs at the prison.
"Even a couple of the officers out there say, 'I don’t know why she is still here. She's not a problem. She has never been a problem,'" Lorance said. "She's gonna have a hard time getting back into society. So much will change in 10 years."
Committee chair Rep. Bruce Skaug (R-Nampa) can bring HB67 back up in committee at his own discretion. Rep. Skaug, Rep. Christopher M. Allgood (R-Caldwell), and Sen. Todd Lakey (R-Nampa) all sponsor HB67.
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