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Senate Study Bill 2083

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 124.401, subsection 1, paragraph a,
  1  2 subparagraph (2), subparagraph subdivision (d), Code 1995, is
  1  3 amended to read as follows:
  1  4    (d)  Methamphetamine, its salts, isomers, and salts of
  1  5 isomers.
  1  6    (e)  Any compound, mixture, or preparation which contains
  1  7 any quantity of any of the substances referred to in
  1  8 subparagraph subdivisions (a) through (c) (d).
  1  9    Sec. 2.  Section 124.401, subsection 1, paragraph b, Code
  1 10 1995, is amended by adding the following new subparagraph:
  1 11    NEW SUBPARAGRAPH.  (7)  More than five grams but not more
  1 12 than five kilograms of methamphetamine, its salts, isomers,
  1 13 and salts of isomers or any compound, mixture, or preparation
  1 14 which contains any quantity or detectable amount of
  1 15 methamphetamine, its salts, isomers, and salts of isomers.
  1 16    Sec. 3.  Section 124.401, subsection 1, paragraph c, Code
  1 17 1995, is amended by adding the following new subparagraph (6)
  1 18 and renumbering the subsequent subparagraph:
  1 19    NEW SUBPARAGRAPH.  (6)  Five grams or less of
  1 20 methamphetamine, its salts, isomers, and salts of isomers or
  1 21 any compound, mixture, or preparation which contains any
  1 22 quantity or detectable amount of methamphetamine, its salts,
  1 23 isomers, and salts of isomers.
  1 24    Sec. 4.  Section 232.22, subsection 1, paragraph e,
  1 25 subparagraph (3), Code Supplement 1995, is amended to read as
  1 26 follows:
  1 27    (3)  A mixture or substance containing methamphetamine, its
  1 28 salts, isomers, and salts of isomers, and if the act was
  1 29 committed by an adult, it would be a violation of section
  1 30 124.401, subsection 1, paragraph "c", subparagraph (6).  
  1 31                           EXPLANATION
  1 32    This bill increases the penalties for the manufacture,
  1 33 delivery, or possession with intent to manufacture or deliver
  1 34 certain amounts of methamphetamine or any compound, mixture,
  1 35 or preparation containing methamphetamine, as well as the
  2  1 penalties for conspiracy to commit these offenses.  Under
  2  2 current law, the offenses are class "C" felonies punishable by
  2  3 a term of imprisonment not to exceed 10 years and a fine of
  2  4 not less than $1,000 or more than $50,000, regardless of the
  2  5 amount of methamphetamine involved in the offense.
  2  6    Section 1 of the bill provides that an offense involving
  2  7 more than five kilograms of methamphetamine or a compound
  2  8 containing methamphetamine is a class "B" felony punishable by
  2  9 a term of imprisonment not to exceed 50 years and a fine of
  2 10 not more than $1,000,000.  Because the offense is created in
  2 11 section 124.401, subsection 1, paragraph "a", defendants
  2 12 awaiting judgment and sentencing following a plea or verdict
  2 13 and defendants appealing a conviction shall not be admitted to
  2 14 bail pursuant to section 811.1.
  2 15    Section 2 of the bill provides that an offense involving
  2 16 more than five grams but not more than five kilograms of
  2 17 methamphetamine or a compound containing methamphetamine is a
  2 18 class "B" felony punishable by a term of imprisonment not to
  2 19 exceed 25 years and a fine of not less than $5,000 or more
  2 20 than $100,000.
  2 21    Section 3 of the bill provides that an offense involving
  2 22 five grams or less of methamphetamine or a compound containing
  2 23 methamphetamine is a class "C" felony punishable by a term of
  2 24 imprisonment not to exceed 10 years and a fine of not less
  2 25 than $1,000 or more than $50,000.  This is the current penalty
  2 26 for the offense, regardless of the amount of methamphetamine
  2 27 involved.
  2 28    Section 4 of the bill makes a corresponding change to
  2 29 reflect the new offenses in a provision pertaining to
  2 30 placement in juvenile detention.  
  2 31 LSB 3685XL 76
  2 32 kah/jj/8
     
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