Text: S03262 Text: S03264 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 503 as follows: 1 2 #1. Page 1, by inserting after line 25 the 1 3 following: 1 4 "Sec. . Section 719.4, subsections 1 and 2, 1 5 Code 1997, are amended by striking the subsections and 1 6 inserting in lieu thereof the following: 1 7 1. As used in this section, "escape" means either 1 8 of the following: 1 9 a. To depart from detention or custody in a secure 1 10 facility for the detention or custody of juveniles or 1 11 from custody or from a jail, detention facility, 1 12 community-based corrections facility, correctional 1 13 facility, or institution to which the person has been 1 14 committed by reason of the conviction, charge, or 1 15 arrest, or from the custody of any public officer or 1 16 employee to whom the person has been entrusted, when 1 17 the person knows that the person is not permitted to 1 18 leave custody or the correctional facility. 1 19 b. Failure to return to a secure facility for the 1 20 detention or custody of juveniles or a jail, detention 1 21 facility, community-based corrections facility, 1 22 correctional facility, or institution to which the 1 23 person has been committed by reason of the conviction, 1 24 charge, or arrest, or from the custody of any public 1 25 officer or employee to whom the person has been 1 26 entrusted, following a temporary leave granted for a 1 27 specific purpose or for a limited period of time. 1 28 2. a. A person convicted of a felony, or charged 1 29 with or arrested for the commission of a felony who 1 30 intentionally escapes commits a class "C" felony. 1 31 b. A person convicted of, charged with, or 1 32 arrested for a misdemeanor who intentionally escapes 1 33 commits an aggravated misdemeanor. 1 34 Sec. . Section 719.7, Code 1997, is amended by 1 35 striking the section and inserting in lieu thereof the 1 36 following: 1 37 719.7 PROMOTING OR POSSESSING CONTRABAND. 1 38 1. "Contraband" includes but is not limited to any 1 39 of the following: 1 40 a. A controlled substance or a simulated or 1 41 counterfeit controlled substance, hypodermic syringe, 1 42 or intoxicant. 1 43 b. A dangerous weapon, offensive weapon, pneumatic 1 44 gun, stun gun, firearm ammunition, explosive or 1 45 incendiary material, or other material fashioned in 1 46 such a manner as to be capable of inflicting death or 1 47 injury. 1 48 c. Rope, ladder components, key or key pattern, 1 49 metal file, or other instrument or device designed or 1 50 intended to facilitate escape of an inmate. 2 1 2. The sheriff, department of corrections, or 2 2 department of human services may x-ray a person under 2 3 the control of the department if there is reason to 2 4 believe that the person is in possession of 2 5 contraband. A licensed physician or x-ray technician 2 6 under the supervision of a licensed physician must x- 2 7 ray the person. 2 8 3. A person commits the offense of promoting or 2 9 possessing contraband if the person, not authorized by 2 10 law, does any of the following: 2 11 a. Knowingly introduces contraband into, or onto 2 12 the grounds of, a secure facility for the detention or 2 13 custody of juveniles or a jail, detention facility, 2 14 correctional institution, or institution under the 2 15 management of the department of corrections. 2 16 b. Knowingly conveys contraband to any person 2 17 confined in a secure facility for the detention or 2 18 custody of juveniles, jail, detention facility, 2 19 correctional institution, or institution under the 2 20 management of the department of corrections. 2 21 c. Knowingly makes, obtains, or possesses 2 22 contraband while confined in a secure facility for the 2 23 detention or custody of juveniles, jail, detention 2 24 facility, correctional institution, or institution 2 25 under the management of the department of corrections 2 26 or while being transported or moved incidental to 2 27 confinement. 2 28 4. A person who promotes or possesses contraband 2 29 or fails to report an offense of promoting or 2 30 possessing contraband commits the following: 2 31 a. A class "C" felony if the contraband is of the 2 32 type described in subsection 1, paragraph "b". 2 33 b. A class "D" felony if the contraband is any 2 34 other type of contraband. 2 35 c. An aggravated misdemeanor for failing to report 2 36 a known violation or attempted violation of this 2 37 section to an official or officer at the secure 2 38 facility for the detention or custody of juveniles, 2 39 jail, detention facility, correctional institution, or 2 40 institution under the management of the department of 2 41 corrections. 2 42 5. Nothing in this section is intended to limit 2 43 the authority of the administrator of any secure 2 44 facility for the detention or custody of juveniles, 2 45 jail, detention facility, correctional institution, or 2 46 institution under the management of the department of 2 47 corrections to prescribe or enforce rules concerning 2 48 the definition of contraband, and the transportation, 2 49 making, or possession of substances, objects, 2 50 materials, or items in the institutions or 3 1 facilities." 3 2 #2. Page 14, by inserting after line 14 the 3 3 following: 3 4 "Sec. . Section 719.8, Code 1997, is repealed." 3 5 #3. Title page, line 5, by inserting after the 3 6 word "establishments," the following: "making changes 3 7 related to escape and voluntary absence from custody 3 8 or a correctional facility, establishing the offense 3 9 of promoting or possessing contraband in prisons, 3 10 jails, and juvenile facilities,". 3 11 #4. By renumbering as necessary. 3 12 3 13 3 14 3 15 MARY NEUHAUSER 3 16 SF 503.303 77 3 17 lh/cf/28
Text: S03262 Text: S03264 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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