Text: H08819 Text: H08821 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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 thanfiveseven 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.AllExcept for any mandatory 2 13 community service performance requirements, all or any 2 14 part of a sentence imposed pursuant to thissection2 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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