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4 SOUTH Br <br /> W PEACE a <br /> 1865 x" <br /> OFFICE OF THE CITY CLERK <br /> KAREEMAH FOWLER, CITY CLERK <br /> HEALTH &PUBLIC SAFETY SEPTEMBER 23, 2019 3:48 P.M. <br /> Committee Members Present: Jo M. Broden, John Voorde, Karen White <br /> Committee Members Absent: Dr. Oliver Davis <br /> Other Council Present: Sharon McBride, Tim Scott <br /> Other Council Absent: Jake Teshka, Regina Williams-Preston, Gavin Ferlic, <br /> Others Present: <br /> Presenters: <br /> Agenda: Bill No. 30-19- Amending Chapter 13, Article 5, Section <br /> 13-75.5 of the South Bend Municipal Code <br /> Bill No. 38-19- Ordinance Amending Tall Grass and Weeds <br /> Bill No.30-19-Amending Chapter 13,Article 5,Section 13-75.5 of the South Bend Municipal <br /> Code <br /> Committee Vice Chair, Karen White stated, Yes, I think that as I look at this, President Scott and <br /> myself, most of you hopefully are aware that a group of us have been working for the last two (2) <br /> years to address the impact of synthetic drugs within our community. We've held a number of <br /> meetings, press releases and also workshops to begin to educate the community on the overall <br /> impact of synthetic drugs.Just recently,the first(1st)of July this year,the State of Indiana amended <br /> their bill. A law to really begin to strengthen the penalties. I'm going to ask our attorney to really <br /> walk us through what those changes were, and the overall impact. This is just amended to the text. <br /> Bob Palmer, Common Council Attorney, stated, The State statutory changes were two-fold. First <br /> (1S), they eliminated the term synthetic drug look alike. I believe that was the result of an Indiana <br /> Court of Appeals case which hinted at, if not directly hoping that phrase was unconstitutionally <br /> vague. So, they substituted at the end, controlled substance analog, hoping that would meet the <br /> constitutional challenges. So, we amended, or we proposed to amend our local ordinance to <br /> eliminate the references to synthetic drug look-alikes, and instead, substitute controlled substance <br /> analog. The other thing that the State statue did, which doesn't really affect our ordinance too <br /> much, but while possessing or dealing in synthetic drug look alike under the former statute, <br /> convictions under that statute were essentially infractions or misdemeanors. The State Legislature <br /> has now changed that. What ever the synthetic drug analog is designed to mimic, if you are found <br /> INTEGRITY' SERVICE'ACCESSIBILITY <br /> JENNIFER M.COFFMAN BIANCA L.TIRADO JOSEPH B MOLNAR <br /> CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK <br /> EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT <br /> 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov <br />