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House Journal: Page 1097: Tuesday, March 31, 1998

47   drug treatment, rehabilitation or education program
48   approved by the court."
49     4.  Page 3, by inserting before line 2 the
50   following:

Page 8

 1                        "DIVISION IV
 2     Sec. ___.  Section 901.5, Code 1997, is amended by
 3   adding the following new subsections:
 4     NEW SUBSECTION.  11.  In addition to any sentence
 5   or other penalty imposed against the defendant for an
 6   offense under chapter 124, the court shall consider
 7   the provisions of 21 U.S.C. "/g" 862, regarding the
 8   denial of federal benefits to drug traffickers and
 9   possessors convicted under state or federal law, and
10   may enter an order specifying the range and scope of
11   benefits to be denied to the defendant, according to
12   the provisions of 21 U.S.C. "/g" 862.  For the purposes
13   of this subsection, "federal benefit" means the
14   issuance of any grant, contract, loan, professional
15   license, or commercial license provided by an agency
16   of the United States or through the appropriation of
17   funds of the United States, but does not include any
18   retirement, welfare, social security, health,
19   disability, veterans, public housing, or similar
20   benefit for which payments or services are required
21   for eligibility.  The supreme court may adopt rules
22   establishing sentencing guidelines consistent with
23   this subsection and 21 U.S.C. "/g" 862.  The clerk of the
24   district court shall send a copy of any order issued
25   pursuant to this subsection to the denial of federal
26   benefits program of the United States department of
27   justice, along with any other forms and information
28   required by the department.
29     NEW SUBSECTION.  12.  In addition to any sentence
30   or other penalty imposed against the defendant for an
31   offense under chapter 124, the court shall consider
32   the denial of state benefits to the defendant, and may
33   enter an order specifying the range and scope of
34   benefits to be denied to the defendant, comparable to
35   the federal benefits denied under subsection 11.  For
36   the purposes of this subsection, "state benefit" means
37   the issuance of any grant, contract, loan,
38   professional license, or commercial license provided
39   by a state agency, department, program, or otherwise
40   through the appropriation of funds of the state, but
41   does not include any retirement, welfare, health,
42   disability, veterans, public housing, or similar
43   benefit.  The supreme court may adopt rules
44   establishing sentencing guidelines consistent with
45   this subsection and comparable to the guidelines for
46   denial of federal benefits in 21 U.S.C. "/g" 862.  The

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