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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