Prior and persistent drug offenders, definitions, sentencing
This law deals with people who have been convicted of drug crimes before. Someone with one prior drug felony is called a 'prior drug offender' and gets a harsher sentence — treated as if the current crime were one level more serious. Someone with two or more prior drug felonies is called a 'persistent drug offender' and gets an even harsher sentence — treated as if the current crime were two levels more serious. The judge decides the punishment in these cases, not the jury.
Classifications stated in the statute. Actual outcomes vary.
579.170. Prior and s, definitions, sentencing. — 1. The following words or phrases as used in this chapter have the following meanings, unless the context otherwise requires:
(1) "Persistent drug offender", one who has been of two or more s of the laws of this state or of the United States, or any other state, territory or relating to ;
(2) "", one who has been found guilty of any felony offense of the laws of this state, or of the United States, or any other state, territory or district relating to controlled substances.
2. shall be in the same manner as required by section 558.021.
3. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to and declare the punishment as part of its in cases of prior drug offenders or persistent drug offenders.
4. The court shall sentence a person who has been found to be a prior drug offender and is found guilty of a under this chapter to the for an offense one class higher than the offense for which the person was found guilty.
5. The court shall sentence a person who has been found to be a persistent drug offender and is found guilty of a class C, D, or E felony under this chapter to the authorized term of imprisonment for an offense two classes higher than the offense for which the person was found guilty. The court shall sentence a persistent drug offender who is found guilty of a under this chapter to the authorized term of imprisonment for a offense.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491) Transferred 2014; formerly 195.275; Effective 1-01-17
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