Text: HF00437 Text: HF00439 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.409, Code 1997, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 3. This section shall not apply to a 1 4 peace officer, as defined under section 801.4, who enters a 1 5 plea of guilty to or is found guilty of a violation of section 1 6 124.401 or 124.403. 1 7 Sec. 2. Section 124.413, Code 1997, is amended to read as 1 8 follows: 1 9 124.413 MANDATORY MINIMUM SENTENCE. 1 10 1.AExcept as otherwise provided in subsection 2, a 1 11 person sentenced pursuant to section 124.401, subsection 1, 1 12 paragraph "a", "b", "c", "e", or "f", shall not be eligible 1 13 for parole until the person has served a minimum period of 1 14 confinement of one-third of the maximum indeterminate sentence 1 15 prescribed by law. 1 16 Thissectionsubsection shall not apply if: 1 171.a. The offense is found to be an accommodation pursuant 1 18 to section 124.410; or 1 192.b. The controlled substance is marijuana. 1 20 2. A person who is a peace officer, as defined under 1 21 section 801.4, who is convicted of a violation of section 1 22 124.401 or 124.403, shall not be eligible for parole or other 1 23 forms of release until the person has served a minimum term of 1 24 confinement equal to one-half of the applicable maximum term 1 25 of confinement. 1 26 Sec. 3. Section 901.10, Code 1997, is amended to read as 1 27 follows: 1 28 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 1 29AExcept for persons subject to section 124.413, subsection 1 30 2, a court sentencing a person for the person's first 1 31 conviction under section 124.406, 124.413, or 902.7 may, at 1 32 its discretion, sentence the person to a term less than 1 33 provided by the statute if mitigating circumstances exist and 1 34 those circumstances are stated specifically in the record. 1 35 However, the state may appeal the discretionary decision on 2 1 the grounds that the stated mitigating circumstances do not 2 2 warrant a reduction of the sentence. 2 3 Sec. 4. Section 907.3, unnumbered paragraph 1, Code 1997, 2 4 is amended to read as follows: 2 5 Pursuant to section 901.5, the trial court may, upon a plea 2 6 of guilty, a verdict of guilty, or a special verdict upon 2 7 which a judgment of conviction may be rendered, exercise any 2 8 of the options contained in this section. However, this 2 9 section does not apply to a forcible felony or to violations 2 10 of sections 124.401 or 124.403 which are committed by persons 2 11 who are peace officers as defined under section 801.4. 2 12 EXPLANATION 2 13 This bill establishes mandatory minimum terms of 2 14 confinement equal to one-half of the applicable maximum term 2 15 of confinement, which cannot be deferred or suspended, for 2 16 peace officers who singly, or together with one or more 2 17 persons, engage in the manufacturing or delivery, or who 2 18 possess with the intent to manufacture or deliver a controlled 2 19 substance, counterfeit substance, or simulated controlled 2 20 substance. 2 21 If the peace officer is convicted of the class "B" felony 2 22 of manufacturing or delivery, or possession with the intent to 2 23 manufacture or deliver offense with specified amounts of 2 24 controlled substances, the person is to be sentenced to a term 2 25 of confinement of up to 50 years and a fine of not more than 2 26 $1 million. If the specified amounts are less, the person is 2 27 guilty of a class "B" felony and is to be sentenced to a term 2 28 of confinement of up to 25 years and a fine of not less than 2 29 $5,000 nor more than $100,000. If the peace officer is 2 30 convicted of the class "C" felony of manufacturing, delivery, 2 31 or possession with intent to manufacture or deliver offense, 2 32 the peace officer will be sentenced to a maximum term of 2 33 confinement of 10 years and may be fined at least $1,000 but 2 34 not more than $50,000. If the peace officer is convicted of 2 35 the class "D" felony offense, the peace officer will be 3 1 sentenced to a maximum term of confinement of no more than 3 2 five years and shall pay a fine of at least $1,000 but not 3 3 more than $5,000. If the peace officer is convicted of the 3 4 aggravated misdemeanor offense, the peace officer will be 3 5 sentenced to a maximum term of confinement of up to two years 3 6 and will be fined at least $500 but not more than $5,000. If 3 7 the peace officer is convicted of the serious misdemeanor 3 8 offense, the applicable maximum term is either one year and a 3 9 fine of at least $250 but not more than $1,500, or six months 3 10 or a fine of not more than $1,000 if the offense involves 3 11 marijuana. 3 12 The bill also establishes mandatory minimum terms of 3 13 confinement equal to one-half of the applicable maximum term 3 14 of confinement, which cannot be deferred or suspended, for 3 15 peace officers who commit violations of the requirements 3 16 imposed on persons registered to prescribe, supply, or 3 17 distribute controlled substances. Violation of the 3 18 requirements pertaining to registrants is a serious 3 19 misdemeanor, punishable by imprisonment of not more than one 3 20 year and a possible fine of at least $250 but not more than 3 21 $1,500. 3 22 LSB 1902HH 77 3 23 lh/jj/8
Text: HF00437 Text: HF00439 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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