Text: HF00664 Text: HF00666 Text: HF00600 - HF00699 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 2340HV 77
2 16 jls/jw/5
Text: HF00664 Text: HF00666 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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