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Senate Amendment 3263

Amendment Text

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
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