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House File 2504

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 and persons convicted of violating this
  1  7 subsection shall also perform not less than eighty hours of
  1  8 unpaid community service.  However, violation of this
  1  9 subsection involving fifty kilograms or less of marijuana, is
  1 10 a class "D" felony, and in addition to the provisions of
  1 11 section 902.9, subsection 4, shall be punished by a fine of
  1 12 not less than one thousand dollars nor more than five seven
  1 13 thousand five hundred dollars and shall perform not less than
  1 14 three hundred twenty hours of unpaid community service.
  1 15    Sec. 2.  Section 124.401, subsection 5, Code Supplement
  1 16 1997, is amended to read as follows:
  1 17    5.  It is unlawful for any person knowingly or
  1 18 intentionally to possess a controlled substance unless such
  1 19 substance was obtained directly from, or pursuant to, a valid
  1 20 prescription or order of a practitioner while acting in the
  1 21 course of the practitioner's professional practice, or except
  1 22 as otherwise authorized by this chapter.  Any person who
  1 23 violates this subsection is guilty of a serious misdemeanor
  1 24 for a first offense and shall also perform not less than forty
  1 25 hours of unpaid community service.  A person who commits a
  1 26 violation of this subsection and who has previously been
  1 27 convicted of violating this subsection is guilty of an
  1 28 aggravated misdemeanor and shall also perform not less than
  1 29 eighty hours of unpaid community service.  A person who
  1 30 commits a violation of this subsection and has previously been
  1 31 convicted two or more times of violating this subsection is
  1 32 guilty of a class "D" felony and shall also perform not less
  1 33 than three hundred twenty hours of unpaid community service.
  1 34    PARAGRAPH DIVIDED.  If the controlled substance is
  1 35 marijuana, the punishment shall be by imprisonment in the
  2  1 county jail for not more than six months or by a fine of not
  2  2 more than one thousand dollars, or by both such fine and
  2  3 imprisonment for a first offense and the person shall also
  2  4 perform not less than forty hours of unpaid community service.
  2  5 If the controlled substance is marijuana and the person has
  2  6 been previously convicted of a violation of this subsection in
  2  7 which the controlled substance was marijuana, the punishment
  2  8 shall be as provided in section 903.1, subsection 1, paragraph
  2  9 "b", and the person shall perform not less than sixty hours of
  2 10 unpaid community service.  If the controlled substance is
  2 11 marijuana and the person has been previously convicted two or
  2 12 more times of a violation of this subsection in which the
  2 13 controlled substance was marijuana, the person is guilty of an
  2 14 aggravated misdemeanor and shall perform not less than eighty
  2 15 hours of unpaid community service.
  2 16    PARAGRAPH DIVIDED.  All Except for any mandatory community
  2 17 service performance requirements, all or any part of a
  2 18 sentence imposed pursuant to this section subsection may be
  2 19 suspended and the person placed upon probation upon such terms
  2 20 and conditions as the court may impose including the active
  2 21 participation by such person in a drug treatment,
  2 22 rehabilitation or education program approved by the court.
  2 23    Sec. 3.  Section 719.4, Code 1997, is amended to read as
  2 24 follows:
  2 25    719.4  ESCAPE OR ABSENCE FROM CUSTODY.
  2 26    1.  A person convicted of a felony, or charged with or
  2 27 arrested for the commission of a felony, who intentionally
  2 28 does either of the following commits a class "D" felony:
  2 29    a.  Intentionally escapes from a detention facility,
  2 30 community-based correctional facility, or institution to which
  2 31 the person has been committed by reason of the conviction,
  2 32 charge, or arrest, or from the custody of any public officer
  2 33 or employee to whom the person has been entrusted, commits a
  2 34 class "D" felony.
  2 35    b.  Is knowingly and voluntarily absent from a place where
  3  1 the person is required to be while the person is committed to
  3  2 a detention facility, community-based correctional facility,
  3  3 or institution.
  3  4    2.  A person convicted of, charged with, or arrested for a
  3  5 misdemeanor, who intentionally does either of the following
  3  6 commits a serious misdemeanor:
  3  7    a.  Intentionally escapes from a detention facility,
  3  8 community-based correctional facility, or institution to which
  3  9 the person has been committed by reason of the conviction,
  3 10 charge, or arrest, or from the custody of any public officer
  3 11 or employee to whom the person has been entrusted, commits a
  3 12 serious misdemeanor.
  3 13    b.  Is knowingly and voluntarily absent from a place where
  3 14 the person is required to be while the person is committed to
  3 15 a detention facility, community-based correctional facility,
  3 16 or institution.
  3 17    3.  A person who has been committed to an institution under
  3 18 the control of the Iowa department of corrections, to a
  3 19 community-based correctional facility, or to a jail or
  3 20 correctional institution, who knowingly and voluntarily is
  3 21 absent from a place where the person is required to be,
  3 22 commits a serious misdemeanor.
  3 23    4. 3.  A person who flees from the state to avoid
  3 24 prosecution for a public offense which is a felony or
  3 25 aggravated misdemeanor commits a class "D" felony.
  3 26    Sec. 4.  Section 901.8, Code Supplement 1997, is amended to
  3 27 read as follows:
  3 28    901.8  CONSECUTIVE SENTENCES.
  3 29    If a person is sentenced for two or more separate offenses,
  3 30 the sentencing judge may order the second or further sentence
  3 31 to begin at the expiration of the first or succeeding
  3 32 sentence.  If a person is sentenced for escape or voluntary
  3 33 absence under section 719.4 or for a crime committed while
  3 34 confined in a detention facility or penal institution, the
  3 35 sentencing judge shall order the sentence to begin at the
  4  1 expiration of any existing sentence.  If the person is
  4  2 presently in the custody of the director of the Iowa
  4  3 department of corrections, the sentence shall be served at the
  4  4 facility or institution in which the person is already
  4  5 confined unless the person is transferred by the director.
  4  6 Except as otherwise provided in section 903A.7, if consecutive
  4  7 sentences are specified in the order of commitment, the
  4  8 several terms shall be construed as one continuous term of
  4  9 imprisonment.
  4 10    Sec. 5.  Section 902.6, Code 1997, is amended to read as
  4 11 follows:
  4 12    902.6  RELEASE.
  4 13    A person who has been committed to the custody of the
  4 14 director of the Iowa department of corrections shall remain in
  4 15 custody until released by the order of the board of parole, in
  4 16 accordance with the law governing paroles, or by order of the
  4 17 judge after reconsideration of a felon's sentence pursuant to
  4 18 section 902.4 or until the maximum term of the person's
  4 19 confinement, as fixed by law, has been completed.  However,
  4 20 for purposes of calculating a person's maximum term of
  4 21 confinement, the department of corrections shall not count any
  4 22 time during which the person is not in custody or confinement
  4 23 due to an escape or voluntary absence under section 719.4.  
  4 24                           EXPLANATION
  4 25    This bill makes changes in the penalties applicable to
  4 26 certain drug offenses and the crime of voluntary absence.  The
  4 27 bill adds to the penalty applicable to manufacture, delivery,
  4 28 or possession with the intent to deliver controlled substances
  4 29 classified in schedule IV or V a requirement that the person
  4 30 perform not less than eighty hours of unpaid community
  4 31 service.  The maximum fine applicable to manufacture,
  4 32 possession, or delivery, or possession with intent to
  4 33 manufacture, possess, or deliver 50 kilograms or less of
  4 34 marijuana is increased from $5,000 to $7,500 and a requirement
  4 35 that the person perform not less than three hundred twenty
  5  1 hours of unpaid community service is added.
  5  2    The penalty applicable to unlawful possession of a
  5  3 controlled substance is amended to provide for enhanced
  5  4 penalties for persons with prior convictions of the same
  5  5 offense.  Currently, unlawful possession is punishable as a
  5  6 serious misdemeanor.  The bill would provide that a first
  5  7 offense violation is a serious misdemeanor, a second offense
  5  8 is an aggravated misdemeanor, and a third or subsequent
  5  9 offense is a class "D" felony.  For each of the violations, a
  5 10 mandatory minimum number of hours of unpaid community service
  5 11 is added: forty hours for the serious misdemeanor, eighty
  5 12 hours for the aggravated misdemeanor, and three hundred twenty
  5 13 hours for the class "D" felony.  If the controlled substance
  5 14 was marijuana and the person had previously been convicted of
  5 15 the same offense, the punishment will be the same as that
  5 16 which generally applies to serious misdemeanors except that
  5 17 the person is required to perform not less than sixty hours of
  5 18 community service.  If the controlled substance was marijuana
  5 19 and the person has been previously convicted two or more times
  5 20 of the same offense, the person is guilty of an aggravated
  5 21 misdemeanor.
  5 22    The voluntary absence from custody provisions are amended
  5 23 to change the penalties applicable to persons who have been
  5 24 convicted of, are charged with, or have been arrested for a
  5 25 felony or misdemeanor offense and who are knowingly and
  5 26 voluntarily absent from a place where the person is required
  5 27 to be while that person is committed to a detention facility,
  5 28 community-based correctional facility, or other institution,
  5 29 or while the person is in the custody of any public officer or
  5 30 employee with whom the person is entrusted.  If the person was
  5 31 arrested for, charged with, or convicted of a felony, the
  5 32 penalty is increased from a serious misdemeanor to a class "D"
  5 33 felony.  The crime also is amended to include voluntary
  5 34 absences committed while the person is in the custody of a
  5 35 public officer or employee with whom the person has been
  6  1 entrusted.  The penalty applicable to voluntary absences of
  6  2 persons convicted of a misdemeanor remains a serious
  6  3 misdemeanor, but the crime now also includes voluntary
  6  4 absences committed while the person is in the custody of a
  6  5 public officer or employee with whom the person has been
  6  6 entrusted.  Section 901.8 is also amended to include voluntary
  6  7 absence as a crime for which a consecutive sentence is
  6  8 required.
  6  9    Language is also added to prohibit the department of
  6 10 corrections from counting any time during which a person is
  6 11 not in custody due to an escape or a voluntary absence when
  6 12 calculating a person's maximum term of confinement.
  6 13    The penalty applicable to a class "D" felony is
  6 14 imprisonment of no more than five years, and a fine of at
  6 15 least $500 but not more than $7,500.  The penalty applicable
  6 16 to an aggravated misdemeanor is imprisonment of no more than
  6 17 two years and a fine of at least $500 but not more than
  6 18 $5,000.  The penalty applicable to a serious misdemeanor is a
  6 19 fine of at least $250 but not more than $1,500 and possible
  6 20 imprisonment not to exceed one year.  
  6 21 LSB 3243HV 77
  6 22 lh/cf/24
     

Text: HF02503                           Text: HF02505
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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