House Study Bill 80

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON BAUDLER)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the manufacture, delivery, possession with the
  2    intent to manufacture or deliver, or conspiring to
  3    manufacture, deliver, or possess with the intent to
  4    manufacture or deliver flunitrazepam, and providing a penalty.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2076HC 80
  7 jm/cl/14

PAG LIN

  1  1    Section 1.  Section 124.401, subsection 1, paragraph d,
  1  2 Code 2003, is amended to read as follows:
  1  3    d.  Violation of this subsection, with respect to any other
  1  4 controlled substances, counterfeit substances, or simulated
  1  5 controlled substances classified in schedule IV or V is an
  1  6 aggravated misdemeanor.  However, violation of this subsection
  1  7 involving fifty kilograms or less of marijuana or involving
  1  8 flunitrazepam is a class "D" felony.
  1  9                           EXPLANATION
  1 10    This bill relates to the manufacture, delivery, possession
  1 11 with the intent to manufacture or deliver, or conspiring to
  1 12 manufacture, deliver, or possess with the intent to
  1 13 manufacture or deliver flunitrazepam which is commonly
  1 14 referred to as the "date rape" drug.
  1 15    The bill increases the penalty of the criminal offenses
  1 16 related to flunitrazepam listed in the bill from an aggravated
  1 17 misdemeanor to a class "D" felony for manufacturing,
  1 18 delivering, possessing with the intent to manufacture or
  1 19 deliver, or conspiring to manufacture, deliver, or possess
  1 20 with the intent to manufacture or deliver flunitrazepam.
  1 21    An aggravated misdemeanor is punishable by confinement for
  1 22 no more than two years and a fine of at least $500 but not
  1 23 more than $5,000.  A class "D" felony is punishable by
  1 24 confinement for no more than five years and a fine of at least
  1 25 $750 but not more than $7,500.
  1 26 LSB 2076HC 80
  1 27 jm/cl/14
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