Text: HF02219 Text: HF02221 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 Code 1995, is amended by adding the following new 1 3 subparagraph: 1 4 NEW SUBPARAGRAPH. (7) More than one kilogram of a mixture 1 5 or substance containing a detectable amount of 1 6 methamphetamine, its salts, isomers, and salts of isomers. 1 7 Sec. 2. Section 124.401, subsection 1, paragraph b, Code 1 8 1995, is amended by adding the following new subparagraph: 1 9 NEW SUBPARAGRAPH. (7) More than one hundred grams but not 1 10 more than one kilogram of a mixture or substance containing a 1 11 detectable amount of methamphetamine, its salts, isomers, and 1 12 salts of isomers. 1 13 Sec. 3. Section 124.401, subsection 1, paragraph c, 1 14 subparagraph (6), Code 1995, is amended to read as follows: 1 15 (6) One hundred grams or less of a mixture or substance 1 16 containing a detectable amount of methamphetamine, its salts, 1 17 isomers, and salts of isomers. 1 18 (7) Any quantity of any other controlled substance, 1 19 counterfeit substance, or simulated controlled substance 1 20 classified in schedule I, II, or III. 1 21 Sec. 4. Section 232.22, subsection 1, paragraph e, 1 22 subparagraph (3), Code Supplement 1995, is amended to read as 1 23 follows: 1 24 (3) A mixture or substance containing methamphetamine, its 1 25 salts, isomers, and salts of isomers, and if the act was 1 26 committed by an adult, it would be a violation of section 1 27 124.401, subsection 1, paragraph "c", subparagraph (6). 1 28 EXPLANATION 1 29 This bill increases the penalties for the manufacture, 1 30 delivery, or possession with intent to manufacture or deliver 1 31 certain amounts of a mixture or substance containing 1 32 methamphetamine, as well as the penalties for conspiracy to 1 33 commit these offenses. Under current law, the offenses are 1 34 class "C" felonies punishable by a term of imprisonment not to 1 35 exceed 10 years and a fine of not less than $1000 or more than 2 1 $50,000, regardless of the amount of methamphetamine involved 2 2 in the offense. 2 3 Section 1 of the bill provides that an offense involving 2 4 more than one kilogram of a mixture or a substance containing 2 5 methamphetamine is a class "B" felony punishable by a term of 2 6 imprisonment not to exceed 50 years and a fine of not more 2 7 than $1,000,000. Because the offense is created in section 2 8 124.401, subsection 1, paragraph "a", defendants awaiting 2 9 judgment and sentencing following a plea or verdict and 2 10 defendants appealing a conviction shall not be admitted to 2 11 bail pursuant to section 811.1. 2 12 Section 2 of the bill provides that an offense involving 2 13 more than one hundred grams but not more than one kilogram of 2 14 methamphetamine is a class "B" felony punishable by a term of 2 15 imprisonment not to exceed 25 years and a fine of not less 2 16 than $5,000 or more than $100,000. 2 17 Section 3 of the bill provides that an offense involving 2 18 one hundred grams or less of methamphetamine is a class "C" 2 19 felony punishable by a term of imprisonment not to exceed 10 2 20 years and a fine of not less than $1,000 or more than $50,000. 2 21 Section 3 of the bill also provides that manufacture, 2 22 delivery, or possession with intent to manufacture or deliver 2 23 any quantity of any other controlled substance is a class "C" 2 24 felony. 2 25 Section 4 of the bill makes a corresponding change to 2 26 reflect the new methamphetamine offenses in a provision 2 27 pertaining to placement in juvenile detention. 2 28 LSB 3834HH 76 2 29 kah/jw/5
Text: HF02219 Text: HF02221 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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