Text: H08819                            Text: H08821
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8820

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8796, to Senate File 2391,
  1  2 as amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  By striking page 6, line 50, through page 7,
  1  5 line 9, and inserting the following:
  1  6    "d.  Violation of this subsection, with respect to
  1  7 any other controlled substances, counterfeit
  1  8 substances, or simulated controlled substances
  1  9 classified in schedule IV or V is an aggravated
  1 10 misdemeanor and persons convicted of violating this
  1 11 subsection shall also perform not less than eighty
  1 12 hours of unpaid community service.  However, violation
  1 13 of this subsection involving fifty kilograms or less
  1 14 of marijuana, is a class "D" felony, and in addition
  1 15 to the provisions of section 902.9, subsection 4,
  1 16 shall be punished by a fine of not less than one
  1 17 thousand dollars nor more than five seven thousand
  1 18 five hundred dollars and shall perform not less than
  1 19 three hundred twenty hours of unpaid community
  1 20 service."
  1 21    #2.  Page 7, by striking lines 12 through 48 and
  1 22 inserting the following:
  1 23    "5.  It is unlawful for any person knowingly or
  1 24 intentionally to possess a controlled substance unless
  1 25 such substance was obtained directly from, or pursuant
  1 26 to, a valid prescription or order of a practitioner
  1 27 while acting in the course of the practitioner's
  1 28 professional practice, or except as otherwise
  1 29 authorized by this chapter.  Any person who violates
  1 30 this subsection is guilty of a serious misdemeanor for
  1 31 a first offense and shall also perform not less than
  1 32 forty hours of unpaid community service.  A person who
  1 33 commits a violation of this subsection and who has
  1 34 previously been convicted of violating this subsection
  1 35 is guilty of an aggravated misdemeanor and shall also
  1 36 perform not less than eighty hours of unpaid community
  1 37 service.  A person who commits a violation of this
  1 38 subsection and has previously been convicted two or
  1 39 more times of violating this subsection is guilty of a
  1 40 class "D" felony and shall also perform not less than
  1 41 three hundred twenty hours of unpaid community
  1 42 service.
  1 43    PARAGRAPH DIVIDED.  If the controlled substance is
  1 44 marijuana, the punishment shall be by imprisonment in
  1 45 the county jail for not more than six months or by a
  1 46 fine of not more than one thousand dollars, or by both
  1 47 such fine and imprisonment for a first offense and the
  1 48 person shall also perform not less than forty hours of
  1 49 unpaid community service.  If the controlled substance
  1 50 is marijuana and the person has been previously
  2  1 convicted of a violation of this subsection in which
  2  2 the controlled substance was marijuana, the punishment
  2  3 shall be as provided in section 903.1, subsection 1,
  2  4 paragraph "b", and the person shall perform not less
  2  5 than sixty hours of unpaid community service.  If the
  2  6 controlled substance is marijuana and the person has
  2  7 been previously convicted two or more times of a
  2  8 violation of this subsection in which the controlled
  2  9 substance was marijuana, the person is guilty of an
  2 10 aggravated misdemeanor and shall perform not less than
  2 11 eighty hours of unpaid community service.
  2 12    PARAGRAPH DIVIDED.  All Except for any mandatory
  2 13 community service performance requirements, all or any
  2 14 part of a sentence imposed pursuant to this section
  2 15 subsection may be suspended and the person placed upon
  2 16 probation upon such terms and conditions as the court
  2 17 may impose including the active participation by such
  2 18 person in a drug treatment, rehabilitation or
  2 19 education program approved by the court."
  2 20    #3.  Page 12, line 2, by inserting after the word
  2 21 "offenses" the following:  "and requiring community
  2 22 service for certain other controlled substance
  2 23 violations".  
  2 24 
  2 25 
  2 26                               
  2 27 KREIMAN of Davis 
  2 28 SF 2391.507 77
  2 29 jls/jw/28
     

Text: H08819                            Text: H08821
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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