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House File 15

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.406, subsection 1, Code 1999, is
  1  2 amended to read as follows:
  1  3    1.  A person who is eighteen years of age or older who:
  1  4    a.  Unlawfully distributes or possesses with the intent to
  1  5 distribute methamphetamine, its salts, isomers, or salts of
  1  6 isomers, to a person under eighteen years of age commits a
  1  7 class "A" felony.
  1  8    a b.  Unlawfully distributes or possesses with intent to
  1  9 distribute a substance listed in schedule I or II to a person
  1 10 under eighteen years of age commits a class "B" felony and
  1 11 shall serve a minimum term of confinement of five years.
  1 12 However, if If the substance was distributed in or on, or
  1 13 within one thousand feet of, the real property comprising a
  1 14 public or private elementary or secondary school, public park,
  1 15 public swimming pool, public recreation center, or on a marked
  1 16 school bus, the person shall serve a minimum term of
  1 17 confinement of ten years.  However, this paragraph does not
  1 18 apply to a violation of paragraph "a".
  1 19    b c.  Unlawfully distributes or possesses with the intent
  1 20 to distribute a controlled substance listed in schedule III to
  1 21 a person under eighteen years of age who is at least three
  1 22 years younger than the violator commits a class "C" felony.
  1 23    c d.  Unlawfully distributes a controlled substance listed
  1 24 in schedule IV or V to a person under eighteen years of age
  1 25 who is at least three years younger than the violator commits
  1 26 an aggravated misdemeanor.
  1 27    Sec. 2.  Section 901.10, Code 1999, is amended to read as
  1 28 follows:
  1 29    901.10  IMPOSITION OF MANDATORY MINIMUM SENTENCES.
  1 30    1.  A Except as otherwise provided in this section, a court
  1 31 sentencing a person for the person's first conviction under
  1 32 section 124.406, 124.413, or 902.7 may, at its discretion,
  1 33 sentence the person to a term less than provided by the
  1 34 statute if mitigating circumstances exist and those
  1 35 circumstances are stated specifically in the record.
  2  1    2.  Notwithstanding Except as otherwise provided in
  2  2 subsection 3, notwithstanding subsection 1, if the sentence
  2  3 under section 124.413 involves a methamphetamine offense under
  2  4 section 124.401, subsection 1, paragraph "a" or "b", the court
  2  5 shall not grant any reduction of sentence unless the defendant
  2  6 pleads guilty.  If the defendant pleads guilty, the court may,
  2  7 at its discretion, reduce the mandatory minimum sentence by up
  2  8 to one-third.  If the defendant additionally cooperates in the
  2  9 prosecution of other persons involved in the sale or use of
  2 10 controlled substances, and if the prosecutor requests an
  2 11 additional reduction in defendant's sentence because of such
  2 12 cooperation, the court may grant a further reduction in
  2 13 defendant's mandatory minimum sentence, up to one-half of the
  2 14 remaining mandatory minimum sentence.
  2 15    3.  This section shall not apply to violations of section
  2 16 124.401, subsection 1, which involve the distribution or
  2 17 possession with the intent to distribute methamphetamine, its
  2 18 salts, isomers, or salts of isomers, to a person under
  2 19 eighteen years of age by persons who are eighteen years of age
  2 20 or older.
  2 21    3 4.  The state may appeal the discretionary decision on
  2 22 the grounds that the stated mitigating circumstances do not
  2 23 warrant a reduction of the sentence.  
  2 24                           EXPLANATION
  2 25    This bill makes changes in the penalties applicable to the
  2 26 crimes of distribution of, and possession with the intent to
  2 27 deliver, methamphetamine to a person under 18 years of age.
  2 28 Currently, distribution of, and possession with intent to
  2 29 deliver, methamphetamine to a minor is a class "B" felony.  If
  2 30 a person 18 of age older distributes, or is in possession with
  2 31 intent to distribute, methamphetamine to a minor, the bill
  2 32 changes the penalty to a class "A" felony.  Class "A" felonies
  2 33 are punishable by life imprisonment without the possibility of
  2 34 parole.
  2 35    The bill removes distribution of methamphetamine from the
  3  1 list of offenses which are eligible for reductions in sentence
  3  2 for a first conviction under Code section 124.406.  
  3  3 LSB 1357YH 78
  3  4 jm/sc/14
     

Text: HF00014                           Text: HF00016
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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