Text: HF00517 Text: HF00519 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 901.5, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 11. In addition to any sentence or other 1 4 penalty imposed against the defendant for an offense under 1 5 chapter 124, the court shall consider the provisions of 21 1 6 U.S.C. } 862, regarding the denial of federal benefits to drug 1 7 traffickers and possessors convicted under state or federal 1 8 law, and may enter an order specifying the range and scope of 1 9 benefits to be denied to the defendant, according to the 1 10 provisions of 21 U.S.C. } 862. For the purposes of this 1 11 subsection, "federal benefit" means the issuance of any grant, 1 12 contract, loan, professional license, or commercial license 1 13 provided by an agency of the United States or through the 1 14 appropriation of funds of the United States, but does not 1 15 include any retirement, welfare, social security, health, 1 16 disability, veterans, public housing, or similar benefit for 1 17 which payments or services are required for eligibility. The 1 18 Iowa supreme court may adopt rules establishing sentencing 1 19 guidelines consistent with this subsection and 21 U.S.C. } 1 20 862. The clerk of the district court shall send a copy of any 1 21 order issued pursuant to this subsection to the denial of 1 22 federal benefits program of the United States department of 1 23 justice, along with any other forms and information required 1 24 by the department. 1 25 EXPLANATION 1 26 This bill amends Code section 901.5, to require that a 1 27 judge sentencing a defendant for a drug-related offense under 1 28 Code chapter 124 also consider the provisions of 21 U.S.C. } 1 29 862, a federal statute which gives a court discretion to deny 1 30 all or selected federal benefits to individuals convicted of 1 31 any federal or state offense consisting of the distribution or 1 32 possession of a controlled substance. This bill gives the 1 33 necessary authority to Iowa courts to apply the federal 1 34 statute because state courts are generally beyond the 1 35 jurisdiction of a federal requirement. 2 1 The new subsection includes a definition of "federal 2 2 benefit" as it is defined within the federal statute. The 2 3 subsection also permits the Iowa supreme court to adopt 2 4 sentencing guidelines consistent with the subsection and the 2 5 federal statute, and requires that the clerk of the district 2 6 court send a copy of any order issued pursuant to this 2 7 subsection to the denial of federal benefits program of the 2 8 United States department of justice. 2 9 The federal statute was enacted under the Anti-Drug Abuse 2 10 Act of 1988, and the denial of federal benefits program is 2 11 operated within the United States department of justice. 2 12 Sentencing guidelines for federal courts in conjunction with 2 13 this statute have existed since 1989. State courts were first 2 14 notified of the program in 1990. 2 15 LSB 2340HH 77 2 16 jls/jw/5
Text: HF00517 Text: HF00519 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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