Text: HF02503 Text: HF02505 Text: HF02500 - HF02599 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 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 thanfiveseven 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.AllExcept for any mandatory community 2 17 service performance requirements, all or any part of a 2 18 sentence imposed pursuant to thissectionsubsection 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, whointentionally2 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 a2 34class "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, whointentionallydoes 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 a3 12serious 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. 3 173. A person who has been committed to an institution under3 18the control of the Iowa department of corrections, to a3 19community-based correctional facility, or to a jail or3 20correctional institution, who knowingly and voluntarily is3 21absent from a place where the person is required to be,3 22commits a serious misdemeanor.3 234.3. 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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