Text: HF02340 Text: HF02342 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 124.401, subsection 3, Code 1995, is
1 2 amended to read as follows:
1 3 3. It is unlawful for any person knowingly or
1 4 intentionally to attempt to purchase or to possess a
1 5 controlled substance unless such substance was obtained
1 6 directly from, or pursuant to, a valid prescription or order
1 7 of a practitioner while acting in the course of the
1 8 practitioner's professional practice, or except as otherwise
1 9 authorized by this chapter. Any person who violates this
1 10 subsection is guilty of a serious misdemeanor. If the
1 11 controlled substance is marijuana, the punishment shall be by
1 12 imprisonment in the county jail for not more than six months
1 13 or by a fine of not more than one thousand dollars, or by both
1 14 such fine and imprisonment. All or any part of a sentence
1 15 imposed pursuant to this section may be suspended and the
1 16 person placed upon probation upon such terms and conditions as
1 17 the court may impose including the active participation by
1 18 such person in a drug treatment, rehabilitation or education
1 19 program approved by the court.
1 20 Sec. 2. NEW SECTION. 713.8 CRIMINAL FORTIFICATION.
1 21 1. A person commits criminal fortification when, with the
1 22 intent to prevent the lawful entry of a law enforcement
1 23 officer or person acting under the direction of a law
1 24 enforcement officer, the person maintains a dwelling or
1 25 occupied structure in a fortified condition, and the person
1 26 knows that the dwelling or occupied structure is used for the
1 27 unlawful manufacture, storage, delivery, or trafficking of
1 28 controlled substances as defined in chapter 124.
1 29 2. "Fortified condition" means the use of materials,
1 30 construction, weapons, alarms, animals, lookouts, or other
1 31 methods to prevent or impede entry into a dwelling or occupied
1 32 structure.
1 33 3. Criminal fortification is a class "D" felony.
1 34 EXPLANATION
1 35 This bill makes the existing penalty for unlawful
2 1 possession of controlled substances applicable to the
2 2 attempted unlawful purchase of controlled substances. The
2 3 penalty is a serious misdemeanor.
2 4 The bill also makes it a class "D" felony to fortify a
2 5 dwelling or occupied structure, defined in sections 702.10 and
2 6 702.12, respectively, for the purpose of preventing or
2 7 impeding entry by law enforcement officers when the person
2 8 doing the fortifying knows that the building is used for
2 9 unlawful drug trafficking or storage.
2 10 This bill may contain a state mandate under chapter 25B.
2 11 Section 25B.2 provides that a state mandate does not take
2 12 effect unless the state specifies its share of the cost of the
2 13 mandate or appropriates money to cover the cost of the
2 14 mandate.
2 15 LSB 4081YH 76
2 16 mk/sc/14
Text: HF02340 Text: HF02342 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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