Text: HF00472 Text: HF00474 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 719.7, Code 1997, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 719.7 PROMOTING OR POSSESSING CONTRABAND.
1 5 1. "Contraband" includes but is not limited to any of the
1 6 following:
1 7 a. A controlled substance or a simulated or counterfeit
1 8 controlled substance, hypodermic syringe, or intoxicating
1 9 beverage.
1 10 b. A dangerous weapon, offensive weapon, pneumatic gun,
1 11 stun gun, firearm ammunition, explosive or incendiary
1 12 material, or other material, instrument, or device fashioned
1 13 in such a manner as to be capable of inflicting death or
1 14 injury.
1 15 c. Rope, ladder components, key or key pattern, metal
1 16 file, or other material, instrument, or device designed or
1 17 intended to facilitate escape of an inmate.
1 18 2. The sheriff, department of corrections, or department
1 19 of human services may x-ray a person under the control of the
1 20 department if there is reason to believe that the person is in
1 21 possession of contraband. A licensed physician or x-ray
1 22 technician under the supervision of a licensed physician must
1 23 x-ray the person.
1 24 3. A person commits the offense of promoting or possessing
1 25 contraband if the person, not authorized by law, does any of
1 26 the following:
1 27 a. Knowingly introduces contraband into, or onto the
1 28 grounds of, a secure facility for the detention or custody of
1 29 juveniles or a jail, detention facility, correctional
1 30 institution, or institution under the management of the
1 31 department of corrections.
1 32 b. Knowingly conveys contraband to any person confined in
1 33 a secure facility for the detention or custody of juveniles,
1 34 jail, detention facility, correctional institution, or
1 35 institution under the management of the department of
2 1 corrections.
2 2 c. Knowingly makes, obtains, or possesses contraband while
2 3 confined in a secure facility for the detention or custody of
2 4 juveniles, jail, detention facility, correctional institution,
2 5 or institution under the management of the department of
2 6 corrections or while being transported or moved incidental to
2 7 confinement.
2 8 4. A person who promotes or possesses contraband or fails
2 9 to report an offense of promoting or possessing contraband
2 10 commits the following:
2 11 a. A class "C" felony for the promotion or possession of
2 12 contraband if the contraband is of the type described in
2 13 subsection 1, paragraph "b".
2 14 b. A class "D" felony for the promotion or possession of
2 15 contraband if the contraband is any other type of contraband.
2 16 c. An aggravated misdemeanor for failing to report a known
2 17 violation or attempted violation of this section to an
2 18 official or officer at the secure facility for the detention
2 19 or custody of juveniles, jail, detention facility,
2 20 correctional institution, or institution under the management
2 21 of the department of corrections.
2 22 5. Nothing in this section is intended to limit the
2 23 authority of the administrator of any secure facility for the
2 24 detention or custody of juveniles, jail, detention facility,
2 25 correctional institution, or institution under the management
2 26 of the department of corrections to prescribe or enforce rules
2 27 concerning the definition of contraband, and the
2 28 transportation, making, or possession of substances, objects,
2 29 materials, or items in the institutions or facilities.
2 30 Sec. 2. Section 719.8, Code 1997, is repealed.
2 31 EXPLANATION
2 32 This bill establishes the offense of promoting or
2 33 possessing contraband. The bill strikes the current Code
2 34 section 719.7 regarding furnishing intoxicating beverages to
2 35 inmates and repeals Code section 719.8 regarding furnishing
3 1 controlled substances to inmates. Contraband is defined as
3 2 items such as controlled substances, intoxicating beverages,
3 3 weapons, explosives, or other items which may be fashioned to
3 4 cause death or injury, or items which may be used to
3 5 facilitate an escape.
3 6 Promoting or possessing contraband is committed when a
3 7 person without legal authorization to do so attempts to bring
3 8 contraband into, or make or possess contraband within a jail
3 9 or a detention or correctional facility, including a secure
3 10 facility for the detention or custody of juveniles. If the
3 11 contraband is a weapon or other item which may be fashioned to
3 12 cause death or injury, the person commits a class "C" felony.
3 13 Any other contraband subjects the person to a class "D"
3 14 felony.
3 15 The bill authorizes the x-raying of a person under the
3 16 control of the sheriff, department of corrections, or
3 17 department of human services by a physician or licensed x-ray
3 18 technician to determine if the person possesses contraband.
3 19 The bill also requires a person to report violations or an
3 20 attempt to promote or possess contraband or the promotion or
3 21 possession of contraband to an official or officer at the
3 22 detention or correctional facility. Failure to report is an
3 23 aggravated misdemeanor.
3 24 The bill further provides that the establishment of the
3 25 offense of promoting or possessing contraband does not limit
3 26 the authority of facility administrators to adopt rules
3 27 regarding the definition of contraband, and the introduction,
3 28 possession, or making of substances, objects, or other items.
3 29 LSB 1946HH 77
3 30 lh/cf/24
Text: HF00472 Text: HF00474 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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