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House File 2060

Partial Bill History

Bill Text

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 than five seven 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 this section subsection 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, who intentionally
  2 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 a
  2 22 class "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, who intentionally does 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 a
  2 35 serious 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  5    3.  A person who has been committed to an institution under
  3  6 the control of the Iowa department of corrections, to a
  3  7 community-based correctional facility, or to a jail or
  3  8 correctional institution, who knowingly and voluntarily is
  3  9 absent from a place where the person is required to be,
  3 10 commits a serious misdemeanor.
  3 11    4. 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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