Right to Work Takes on New Meaning, Kids!

Melissa Wintrow for Senate District 19

Right to Work Takes on New Meaning

WEEK 6

The Idaho Legislature has been making the news again...but for the wrong reasons.

Mandatory Minimums Won't Solve the Fentanyl Problem

H406 adds fentanyl to Idaho's existing and already flawed mandatory minimum law that incarcerates people solely based on amounts of a drug in their possession NOT any intent to traffic drugs and removes discretion from judges during sentencing. We already have a law in place where prosecutors must prove intent to sell, but this law casts such a wide net that it capture addicts versus drug "king pins."

This bill, also, adds a new caveat by creating a weight standard if fentanyl is mixed with something else, the whole weight of the mixture will be counted into the total amount of the charge, NOT the amount of the deadly substance.

Finally, it adds the additional penalty of homicide to all drugs in the mandatory minimum laws (marijuana, opioids, meth, etc) even if you unknowingly pass a drug along and someone dies, and this includes minors (14 to 18 year olds) who will be charged as adults. Envision kids at a party who are sharing some marijuana, certainly something not condoned, and what if that marijuana was laced with fentanyl and the person sharing the drugs didn’t know and someone dies? The person who shared will be charged as an adult for homicide.

This law is too broad and the effects won’t catch the kingpin dealers, but unintentionally rope in addicts and possibly young people who make a mistake. This bill is heavy handed enough to allow prosecutors to charge the maximum and use that charge to facilitate a plea deal, instead of just proving the intent to sell or deliver.

I think we can all agree that fentanyl is a scourge on our communities, but drafting a law that doesn't deal with the real problem is not the answer. I voted against this bill because it gives lawmakers the feeling that they've done something, but it really doesn't address the problem appropriately.

This bill is a part of Idaho statute that was adopted in the 1990s as part of the “war on drugs,” which we know drastically increased incarceration rates for drug crimes and captured more addicts than drug "king-pins." Mandatory minimum sentences take discretion away from judges to consider the case as a whole, which means they cannot use their discretion in sentencing even if the person convicted was an addict who got caught for using versus "trafficking." Even though the law is titled as “drug trafficking” it doesn’t include any requirements to prove intent to sell drugs.

The bill will head to the Governor's desk for his signature, which means we should brace for increased incarceration rates and increased impacts on the department of corrections' budget in the future.

ON A POSITIVE NOTE

There were some victories this week and some positive movement on legislation that benefits Idahoans.

Access to Prescription Contraception

S1234, my bill to increase access to prescription contraception will have a hearing on Monday, February 19 at 1:30pm in the House Business Committee. Rep Jack Nelsen has agreed to carry the bill in the House and fingers crossed that the committee will pass it on to the House Floor. If you would like to show your support this morning, send your emails to the House Business Committee Secretary; be short, sweet and to the point about the importance of supporting women in their family planning.

Legalizing Fentanyl Testing Strips to Increase Safety

H441, sponsored by Rep Ilana Rubel and Marco Erickson, legalizes Fentanyl testing strips that have been illegal since the 1980's. This is an important tool to make sure you are not unintentionally digesting fentanyl which is something that could kill you.

Human Trafficking Assessments for Juveniles

S1350, my bill to provide human trafficking assessments for juveniles will be heard on Monday, Feb. 19 at 1:30pm in Senate Judiciary and Rules. This bill is a product of the recommendations of the Human Trafficking report required by H.B. 341a (2023). That report recommended the development of standardized training, screening, and assessment tools for Human Trafficking victims, which this bill provides. The Idaho Department of Juvenile Corrections (IDJC) will collaborate with counties to support the development of the screening for juveniles.

Immunity for Pesticide Manufactures Defeated

S1245, which could have shielded pesticide manufacturers from certain kinds of lawsuits brought by Idahoans, was defeated on the Senate Floor after rigorous debate. In the end, the Senate voted to be sure that public health and safety should be protected by ensuring the legal process remained intact for holding corporations accountable for safety violations of products.

Payday Loans

S1285, sponsored by Sen Rick Just, was printed in Senate Commerce. The bill limits the Annual Percentage Rate (APR) lenders can charge for payday loans to thirty-six (36) percent. This is so important to pass since predatory lenders are preying on people so desperate to pay the bills and end up ruining so many people's lives.

WHERE'S SEN WINTROW???

STATEHOUSE SCAVENGER HUNT

Join me for a fun STATEHOUSE SCAVENGER HUNT

Winner Gets Lunch with Me to Learn More About Idaho Politics

I'll make the first one easy, but don't get used to it.

Senator Melissa Wintrow

District 19 Town Halls

Local news resources to stay updated on the legislature: