Laserfiche WebLink
•CITY OF SOUTH BEND OFFICE OF THE CLERK <br /> guilty of possession or dealing that drug, you are automatically charged with the corresponding <br /> felony of whatever that drug is mimicking. So, if you are dealing in a controlled substance analog <br /> that mimics cocaine, under the prior statue you would be, could be convicted of a misdemeanor at <br /> most, and now you are subject to an increased level of a federal offense. <br /> Councilmember Tim Scott stated, Just quickly. I appreciate the co-sponsor with Karen and Jo on <br /> this. You know, this is something when we started with the synthetic drug on disorderly houses, <br /> we know every year we're going to have to look at this and make sure that it's up to date. So, this <br /> is typically a language change,just to keep us relevant. <br /> Mr. Palmer stated, President Scott, it used to be that the statute changed what was considered to <br /> be a controlled substance analog or synthetic drug every year. More was added to it every year. <br /> We've tried to make our ordinance more inclusive to say that we adopt that statute as our definition <br /> as amended from time to time. So, as that statue is amended by the legislature, we don't have to <br /> necessarily have to amend our ordinance every year. <br /> Councilmember Tim Scott stated, What I guess I'm saying is, we're going to watch it. <br /> Committee Chair Jo M. Broden stated, So, it's paired with the legislative action? <br /> Mr. Palmer replied, Yes. <br /> I do have one(1) question in terms of section C. So, this actually goes beyond households. It goes <br /> to businesses. Is there any consideration or maybe this is too broad, but the section refers to <br /> disorderly house, is that too broad or is that misleading? Has anybody looked at that component <br /> of this since this is broader in its scope in terms of the actual entity? <br /> Mr. Palmer replied, I did not specifically look at that provision. That was copied from the earlier <br /> provision which is still included under disorderly house. <br /> Councilmember Tim Scott replied, Eight (8) years ago, I brought that up when we were talking <br /> about racketeering because we didn't have racketeering and drug dealing. Under Aladean's <br /> verbiage disorderly house can mean businesses, anything. So,what they mean by disorderly house <br /> is just that property defined by the house. <br /> Committee Chair Jo M. Broden asked, Is house actually defined in this too to be that <br /> encompassing? I just think it might be misleading to the general public. So,maybe we can look at <br /> that going forward. As long as it's comprehensive, and that's why I'm actually asking. I have to <br /> admit that I didn't know this until I got to the back part of the section. I knew that there was impact <br /> on businesses and licenses. To me,there could be more clarity,but we don't need to deal with that <br /> now. I think it's very important to get this, in my opinion, up to date and tie it with the changes <br /> that occur at the State level on a routine basis. Committee Chair Jo M. Broden opened the meeting <br /> up to the public and asked if there was anyone from the public wishing to either speak in favor or <br /> opposition of Bill No. 30-19. Seeing none, Committee Chair Jo M. Broden moved the meeting <br /> back over to the Committee. <br /> EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT <br /> 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574235.9221 f 574.235 9173 TTD574.235.5567 wywv.southbendin.goy <br /> 2 <br />