Text: HF02059 Text: HF02061 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph d, 1 2 Code Supplement 1997, is amended to read as follows: 1 3 d. Violation of this subsection, with respect to any other 1 4 controlled substances, counterfeit substances, or simulated 1 5 controlled substances classified in schedule IV or V is an 1 6 aggravated misdemeanor. However, violation of this subsection 1 7 involving fifty kilograms or less of marijuana, is a class "D" 1 8 felony, and in addition to the provisions of section 902.9, 1 9 subsection 4, shall be punished by a fine of not less than one 1 10 thousand dollars nor more thanfiveseven thousand five 1 11 hundred dollars. 1 12 Sec. 2. Section 124.401, subsection 5, Code Supplement 1 13 1997, is amended to read as follows: 1 14 5. It is unlawful for any person knowingly or 1 15 intentionally to possess a controlled substance unless such 1 16 substance was obtained directly from, or pursuant to, a valid 1 17 prescription or order of a practitioner while acting in the 1 18 course of the practitioner's professional practice, or except 1 19 as otherwise authorized by this chapter. Any person who 1 20 violates this subsection is guilty of a serious misdemeanor 1 21 for a first offense. A person who commits a violation of this 1 22 subsection and who has previously been convicted of violating 1 23 this subsection is guilty of an aggravated misdemeanor. A 1 24 person who commits a violation of this subsection and has 1 25 previously been convicted two or more times of violating this 1 26 subsection is guilty of a class "D" felony. 1 27 PARAGRAPH DIVIDED. If the controlled substance is 1 28 marijuana, the punishment shall be by imprisonment in the 1 29 county jail for not more than six months or by a fine of not 1 30 more than one thousand dollars, or by both such fine and 1 31 imprisonment for a first offense. If the controlled substance 1 32 is marijuana and the person has been previously convicted of a 1 33 violation of this subsection in which the controlled substance 1 34 was marijuana, the punishment shall be as provided in section 1 35 903.1, subsection 1, paragraph "b". If the controlled 2 1 substance is marijuana and the person has been previously 2 2 convicted two or more times of a violation of this subsection 2 3 in which the controlled substance was marijuana, the person is 2 4 guilty of an aggravated misdemeanor. 2 5 PARAGRAPH DIVIDED. All or any part of a sentence imposed 2 6 pursuant to thissectionsubsection may be suspended and the 2 7 person placed upon probation upon such terms and conditions as 2 8 the court may impose including the active participation by 2 9 such person in a drug treatment, rehabilitation or education 2 10 program approved by the court. 2 11 Sec. 3. Section 719.4, Code 1997, is amended to read as 2 12 follows: 2 13 719.4 ESCAPE OR ABSENCE FROM CUSTODY. 2 14 1. A person convicted of a felony, or charged with or 2 15 arrested for the commission of a felony, whointentionally2 16 does either of the following commits a class "D" felony: 2 17 a. Intentionally escapes from a detention facility, 2 18 community-based correctional facility, or institution to which 2 19 the person has been committed by reason of the conviction, 2 20 charge, or arrest, or from the custody of any public officer 2 21 or employee to whom the person has been entrusted, commits a2 22class "D" felony. 2 23 b. Is knowingly and voluntarily absent from a place where 2 24 the person is required to be while the person is committed to 2 25 a detention facility, community-based correctional facility, 2 26 or institution. 2 27 2. A person convicted of, charged with, or arrested for a 2 28 misdemeanor, whointentionallydoes either of the following 2 29 commits a serious misdemeanor: 2 30 a. Intentionally escapes from a detention facility, 2 31 community-based correctional facility, or institution to which 2 32 the person has been committed by reason of the conviction, 2 33 charge, or arrest, or from the custody of any public officer 2 34 or employee to whom the person has been entrusted, commits a2 35serious misdemeanor. 3 1 b. Is knowingly and voluntarily absent from a place where 3 2 the person is required to be while the person is committed to 3 3 a detention facility, community-based correctional facility, 3 4 or institution. 3 53. A person who has been committed to an institution under3 6the control of the Iowa department of corrections, to a3 7community-based correctional facility, or to a jail or3 8correctional institution, who knowingly and voluntarily is3 9absent from a place where the person is required to be,3 10commits a serious misdemeanor.3 114.3. A person who flees from the state to avoid 3 12 prosecution for a public offense which is a felony or 3 13 aggravated misdemeanor commits a class "D" felony. 3 14 Sec. 4. Section 901.8, Code Supplement 1997, is amended to 3 15 read as follows: 3 16 901.8 CONSECUTIVE SENTENCES. 3 17 If a person is sentenced for two or more separate offenses, 3 18 the sentencing judge may order the second or further sentence 3 19 to begin at the expiration of the first or succeeding 3 20 sentence. If a person is sentenced for escape or voluntary 3 21 absence under section 719.4 or for a crime committed while 3 22 confined in a detention facility or penal institution, the 3 23 sentencing judge shall order the sentence to begin at the 3 24 expiration of any existing sentence. If the person is 3 25 presently in the custody of the director of the Iowa 3 26 department of corrections, the sentence shall be served at the 3 27 facility or institution in which the person is already 3 28 confined unless the person is transferred by the director. 3 29 Except as otherwise provided in section 903A.7, if consecutive 3 30 sentences are specified in the order of commitment, the 3 31 several terms shall be construed as one continuous term of 3 32 imprisonment. 3 33 EXPLANATION 3 34 This bill makes changes in the penalties applicable to 3 35 certain drug offenses and the crime of voluntary absence. The 4 1 maximum fine applicable to manufacture, possession, or 4 2 delivery, or possession with intent to manufacture, possess, 4 3 or deliver 50 kilograms or less of marijuana is increased from 4 4 $5,000 to $7,500. 4 5 The penalty applicable to unlawful possession of a 4 6 controlled substance is amended to provide for enhanced 4 7 penalties for persons with prior convictions of the same 4 8 offense. Currently, unlawful possession is punishable as a 4 9 serious misdemeanor. The bill would provide that a first 4 10 offense violation is a serious misdemeanor, a second offense 4 11 is an aggravated misdemeanor, and a third or subsequent 4 12 offense is a class "D" felony. If the controlled substance 4 13 was marijuana and the person had previously been convicted of 4 14 the same offense, the punishment will be the same as that 4 15 which generally applies to serious misdemeanors. If the 4 16 controlled substance was marijuana and the person has been 4 17 previously convicted two or more times of the same offense, 4 18 the person is guilty of an aggravated misdemeanor. 4 19 The voluntary absence from custody provisions are amended 4 20 to change the penalties applicable to persons who have been 4 21 convicted of, are charged with, or have been arrested for a 4 22 felony or misdemeanor offense and who are knowingly and 4 23 voluntarily absent from a place where the person is required 4 24 to be while that person is committed to a detention facility, 4 25 community-based correctional facility, or other institution, 4 26 or while the person is in the custody of any public officer or 4 27 employee with whom the person is entrusted. If the person was 4 28 arrested for, charged with, or convicted of a felony, the 4 29 penalty is increased from a serious misdemeanor to a class "D" 4 30 felony. The crime also is amended to include voluntary 4 31 absences committed while the person is in the custody of a 4 32 public officer or employee with whom the person has been 4 33 entrusted. The penalty applicable to voluntary absences of 4 34 persons convicted of a misdemeanor remains a serious 4 35 misdemeanor, but the crime now also includes voluntary 5 1 absences committed while the person is in the custody of a 5 2 public officer or employee with whom the person has been 5 3 entrusted. Section 901.8 is also amended to include voluntary 5 4 absence as a crime for which a consecutive sentence is 5 5 required. 5 6 The penalty applicable to a class "D" felony is 5 7 imprisonment of no more than five years, and a fine of at 5 8 least $500 but not more than $7,500. The penalty applicable 5 9 to an aggravated misdemeanor is imprisonment of no more than 5 10 two years and a fine of at least $500 but not more than 5 11 $5,000. The penalty applicable to a serious misdemeanor is a 5 12 fine of at least $250 but not more than $1,500 and possible 5 13 imprisonment not to exceed one year. 5 14 LSB 3243YH 77 5 15 lh/cf/24.1
Text: HF02059 Text: HF02061 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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