Text: HF00014 Text: HF00016 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 8ab. 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 12However, ifIf 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 19bc. 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 23cd. 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.AExcept 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.NotwithstandingExcept 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 2134. 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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