Controlled Substances - As enacted, adds offenses the conviction of which requires the offender to be on the methamphetamine registry, makes registry retroactive and revises procedure by which methamphetamine-related convictions are transmitted to TBI from clerk's office. - Amends TCA Title 39, Chapter 17, Part 4.
SB2190 has been assigned Public Chapter Number 911 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB2190Date
    Pub. Ch. 911 05/15/2012
    Effective date(s) 05/10/1205/15/2012
    Signed by Governor05/10/2012
    Transmitted to Gov. for action.04/30/2012
    Signed by H. Speaker04/29/2012
    Signed by S. Speaker04/27/2012
    Enrolled and ready for signatures04/25/2012
    Passed H., Ayes 98, Nays 0 04/24/2012
    Am. withdrawn.(Amendment 2 - HA1254)04/24/2012
    Am. withdrawn.(Amendment 1 - HA0811)04/24/2012
    Subst. for comp. HB.04/24/2012
    Rcvd. from S., held on H. desk.02/02/2012
    Engrossed; ready for transmission to House02/01/2012
    Sponsor(s) Added.02/01/2012
    Passed S. as am., Ayes 32, Nays 002/01/2012
    S. adopted am.(Amendment 1 of 0 - SA0684)02/01/2012
    Sponsor(s) Added.01/31/2012
    Placed on Senate Regular Calendar cal. for 2/1/201201/30/2012
    Sponsor(s) Added.01/26/2012
    Rec. For Pass. ref. to: S. Cal. Comm.01/24/2012
    Placed on S. Jud Comm. cal. for 1/24/201201/18/2012
    Action Def. in S. Jud Comm. to 1/24/201201/17/2012
    P2C, ref. to S. Jud Comm.01/13/2012
    Sponsor(s) Added.01/13/2012
    Placed on S. Jud Comm. cal. for 1/17/201201/12/2012
    R/S #83(8) to be heard in S. Jud. Comm. 1/17/12 01/12/2012
    Intro., P1C.01/12/2012
    Filed for intro.01/10/2012
    Actions For HB2333Date
    Comp. became Pub. Ch. 91105/15/2012
    Comp. SB subst. 04/24/2012
    Sponsor(s) Added.04/24/2012
    H. Placed on Regular Calendar for 4/24/201204/19/2012
    Placed on cal. Calendar & Rules Committee for 4/19/201204/18/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/11/2012
    Placed on cal. Judiciary Committee for 4/10/201204/04/2012
    Action Def. in Judiciary Committee to 4/10/201204/03/2012
    Placed on cal. Judiciary Committee for 4/3/201203/28/2012
    Action Def. in Judiciary Committee to 4/3/201203/27/2012
    Placed on cal. Judiciary Committee for 3/27/201203/21/2012
    Rec. For Pass. by s/c ref. to Judiciary Committee 03/21/2012
    Placed on s/c cal Judiciary Subcommittee for 3/21/201203/14/2012
    Action Def. in s/c Judiciary Subcommittee to 3/21/201203/14/2012
    Placed on s/c cal Judiciary Subcommittee for 3/14/201203/07/2012
    Assigned to s/c Judiciary Subcommittee03/07/2012
    Rec. for Pass. if Am. ref. to: Judiciary Committee03/07/2012
    Placed on cal. Health & Human Resources Committee for 3/7/201202/29/2012
    Rec. for pass. if am. by s/c ref. to Health & Human Resources Committee02/28/2012
    Placed on s/c cal HHR Subcommittee for 2/28/201202/22/2012
    Assigned to s/c HHR Subcommittee02/08/2012
    P2C, ref. to Health & Human Resources Committee--Judiciary Committee01/13/2012
    Intro., P1C.01/12/2012
    Filed for intro.01/10/2012
  • AmendmentsFiscal Memos
    SA0684Amendment 1-1 to SB2190Fiscal Memo for SA0684 (11849)  
    AmendmentsFiscal Memos
    HA0811Amendment 1-1 to HB2333Fiscal Memo for HA0811 (11849)  
    HA1254Amendment 2-1 to HB2333 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB2190

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill revises various provisions of present law regarding the methamphetamine registry and immediate methamphetamine precursors.

    Present law creates within the TBI a registry available for public inquiry on the Internet of persons convicted after March 30, 2005, of:

    (1) Manufacturing, delivering, selling, or possessing with intent to manufacture, deliver or sell, methamphetamine; or
    (2) Knowingly engaging in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required under present law to be maintained behind the counter of the pharmacy:
    (A) Sell, attempt to sell, or possess the product with the intent to sell it to another for a non-medical use or unlawful purpose;
    (B) Purchase or attempt to purchase the product for another or possess the product with the intent to deliver it to another for a non-medical use or unlawful purpose;
    (C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a one-day or 30-day period; or
    (D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a one-day period or 30-day period.

    This bill makes the methamphetamine registry retroactive, such that any person convicted of the applicable offense would be included in the registry, regardless of when the person was convicted of the offense. Furthermore, this bill expands the registry to additionally include any person convicted of:

    (1) Simple possession of methamphetamine;
    (2) Violating any requirement or prohibition of present law regarding the dispensing of immediate methamphetamine precursors, such as ephedrine or pseudoephedrine base;
    (3) Promoting methamphetamine manufacture;
    (4) Initiating a process intended to result in the manufacture of methamphetamine; or
    (5) Conspiracy, attempt, or solicitation to commit any applicable offense.

    Present law prohibits a person who commits an offense on or after July 1, 2011, that results in such person being placed on the methamphetamine registry from purchasing a nonexempt product for the entire seven years the person is required to be on the methamphetamine registry. This bill revises this prohibition to instead prohibit any person convicted of an offense for which placement on the methamphetamine registry is required from purchasing a nonexempt product containing any immediate methamphetamine precursor for the entire period such person is required to be on the registry.

    Under present law, the registry must consist of the person's name, date of birth, offenses making the person eligible for inclusion on the registry, the conviction date and county of those offenses, and other identifying data as the TBI determines is necessary to properly identify the person, except that the registry may not include the person's social security number. This bill removes the requirement that the registry contain any other identifying data as the TBI determines is necessary to properly identify the person and instead requires the court clerk to provide, and the TBI to collect, the person's state identification number or driver license number and such other identifying data as the bureau determines is necessary to properly identify the person. This bill specifies that the registry may not contain, in addition to the person's social security number, the person's state ID number or driver license number.

    Present law requires the TBI, in cooperation with the National Association of Drug Diversion Investigators (NADDI), which administers the National Precursor Log Exchange NPLEx, to devise a method to electronically notify NADDI at least every seven days of any person placed on the methamphetamine registry. The notification must include the first, middle and last names of the person and the person's date of birth. This bill requires that such notification additionally include the person's state ID or driver license number.

    ON FEBRUARY 1, 2012, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2190, AS AMENDED.

    AMENDMENT #1 specifies that the TBI will maintain the methamphetamine registry based on information supplied to the TBI by clerks. This amendment clarifies that the clerks will only be required to provide the TBI with information that is available after reasonable inquiry. This amendment further clarifies that official identification numbers of meth offenders may be submitted to the TBI, in lieu of submitting such offenders' driver license numbers to the TBI.

  • FiscalNote for SB2190/HB2333 filed under SB2190
  • House Floor and Committee Votes

    House moved to substitute and conform to HB2333

    SB2190 by Beavers - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 4/24/2012
    Passed
              Ayes...............................................98
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 98.

              HB2333 by Dennis - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/19/2012
              Voice Vote - Ayes Prevail

              HB2333 by Dennis - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 4/11/2012
              Voice Vote - Ayes Prevail

              HB2333 by Dennis - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage - refer to: Judiciary Committee 3/21/2012
              Voice Vote - Ayes Prevail

              HB2333 by Dennis - HOUSE HEALTH COMMITTEE:
    Recommended for passage w/amendments- refer to: Judiciary Committee 3/7/2012
              Voice Vote - Ayes Prevail

              HB2333 by Dennis - HOUSE HEATH SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Health & Human Resources Commit 2/28/2012
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB2190 by Beavers - FLOOR VOTE: AS AMENDED THIRD CONSIDERATION 2/1/2012
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Marrero, Massey, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

    SB2190 by Beavers - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 1/24/2012
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Ford, Kelsey, Marrero, Overbey, Yager -- 9.