Text: HF00117 Text: HF00119 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 subparagraph (2), subparagraph subdivision (d), Code 1999, is 1 3 amended by striking the subparagraph subdivision. 1 4 Sec. 2. Section 124.401, subsection 1, paragraph a, 1 5 subparagraph (2), subparagraph subdivision (f), Code 1999, is 1 6 amended to read as follows: 1 7 (f) Any compound, mixture, or preparation which contains 1 8 any quantity of any of the substances referred to in 1 9 subparagraph subdivisions (a) through(e)(d). 1 10 Sec. 3. Section 124.401, subsection 1, paragraph b, 1 11 subparagraph (7), Code 1999, is amended by striking the 1 12 subparagraph. 1 13 Sec. 4. Section 124.401, subsection 1, paragraph c, 1 14 subparagraph (6), Code 1999, is amended by striking the 1 15 subparagraph. 1 16 Sec. 5. Section 124.401, subsections 3 and 4, Code 1999, 1 17 are amended by striking the subsections. 1 18 Sec. 6. NEW SECTION. 124.401D MANUFACTURE OR DELIVERY OF 1 19 METHAMPHETAMINE. 1 20 1. It is unlawful for a person to manufacture a material, 1 21 compound, mixture, preparation, or substance that contains any 1 22 detectable amount of methamphetamine, its salts, isomers, or 1 23 salts of its isomers, or of counterfeit or simulated 1 24 methamphetamine, or to act with, or enter into a common scheme 1 25 or design with, or conspire with one or more persons to 1 26 manufacture a material, compound, mixture, preparation, or 1 27 substance that contains any detectable amount of 1 28 methamphetamine, its salts, isomers, or salts of its isomers, 1 29 or of counterfeit or simulated methamphetamine. A violation 1 30 of this subsection is a class "A" felony. 1 31 2. It is unlawful for a person to deliver, or possess with 1 32 the intent to deliver, a material, compound, mixture, 1 33 preparation, or substance that contains any detectable amount 1 34 of methamphetamine, its salts, isomers, or salts of its 1 35 isomers, or of counterfeit or simulated methamphetamine, or to 2 1 act with, or enter into a common scheme or design with, or 2 2 conspire with one or more persons to deliver or possess with 2 3 the intent to deliver a material, compound, mixture, 2 4 preparation, or substance that contains any detectable amount 2 5 of methamphetamine, its salts, isomers, or salts of its 2 6 isomers, or of counterfeit or simulated methamphetamine. 2 7 a. If the violation involves more than five kilograms of a 2 8 material, compound, mixture, preparation, or substance 2 9 containing any detectable amount of methamphetamine, its 2 10 salts, isomers, or its salts of isomers, or of counterfeit or 2 11 simulated methamphetamine, the person commits a class "B" 2 12 felony, and notwithstanding section 902.9, subsection 1, shall 2 13 be punished by confinement for no more than fifty years and a 2 14 fine of not more than one million dollars. 2 15 b. If the violation involves more than five grams but not 2 16 more than five kilograms of a material, compound, mixture, 2 17 preparation, or substance containing any detectable amount of 2 18 methamphetamine, its salts, isomers, or salts of its isomers, 2 19 or of counterfeit or simulated methamphetamine, the person 2 20 commits a class "B" felony, and in addition to the provisions 2 21 of section 902.9, subsection 1, shall be punished by a fine of 2 22 not less than five thousand dollars nor more than one hundred 2 23 thousand dollars. 2 24 c. If the violation involves five grams or less of a 2 25 material, compound, mixture, preparation, or substance 2 26 containing any detectable amount of methamphetamine, its 2 27 salts, isomers, or salts of its isomers, or of counterfeit or 2 28 simulated methamphetamine, the person commits a class "C" 2 29 felony, and in addition to the provisions of section 902.9, 2 30 subsection 3, shall be punished by a fine of not less than one 2 31 thousand dollars nor more than fifty thousand dollars. 2 32 d. (1) A person in the immediate possession or control of 2 33 a firearm while participating in a violation of this 2 34 subsection shall be sentenced to two times the term otherwise 2 35 imposed by law, and no such judgment, sentence, or part 3 1 thereof shall be deferred or suspended. 3 2 (2) A person in the immediate possession or control of an 3 3 offensive weapon, as defined in section 724.1, while 3 4 participating in a violation of this subsection, shall be 3 5 sentenced to three times the term otherwise imposed by law, 3 6 and no such judgment, sentence, or part thereof shall be 3 7 deferred or suspended. 3 8 3. It is unlawful for a person who is eighteen years of 3 9 age or older to manufacture and deliver any detectable amount 3 10 of methamphetamine, its salts, isomers, or salts of its 3 11 isomers, or of counterfeit or simulated methamphetamine, to a 3 12 person who is under eighteen years of age. A violation of 3 13 this subsection is a class "A" felony. 3 14 4. It is unlawful for any person to sell, distribute, or 3 15 make available any product containing ephedrine, its salts, 3 16 optical isomers, salts of optical isomers, or analogs of 3 17 ephedrine, or pseudoephedrine, its salts, optical isomers, 3 18 salts of optical isomers, or analogs of pseudoephedrine, if 3 19 the person knows, or should know, that the product may be used 3 20 as a precursor to any illegal substance or an intermediary to 3 21 any controlled substance. A violation of this subsection is a 3 22 serious misdemeanor. 3 23 5. It is unlawful for any person to possess any product 3 24 containing ephedrine, its salts, optical isomers, salts of 3 25 optical isomers, or analogs of ephedrine, or pseudoephedrine, 3 26 its salts, optical isomers, salts of optical isomers, or 3 27 analogs of pseudoephedrine, with the intent to use the product 3 28 as a precursor to any illegal substance or an intermediary to 3 29 any controlled substance. A violation of this subsection is a 3 30 class "D" felony. 3 31 6. If the same person commits two or more acts which are 3 32 in violation of subsection 2 and the acts occur in 3 33 approximately the same location or time period so that the 3 34 acts can be attributed to a single scheme, plan, or 3 35 conspiracy, the acts may be considered a single violation and 4 1 the weight of the methamphetamine, its salts, isomers, or 4 2 salts of its isomers, or any counterfeit or simulated 4 3 methamphetamine involved, may be combined for purposes of 4 4 charging the offender. 4 5 Sec. 7. Section 124.413, unnumbered paragraph 1, Code 4 6 1999, is amended to read as follows: 4 7 A person sentenced pursuant to section 124.401, subsection 4 8 1, paragraph "a", "b", "c", "e", or "f", or section 124.401D, 4 9 subsection 2, shall not be eligible for parole until the 4 10 person has served a minimum period of confinement of one-third 4 11 of the maximum indeterminate sentence prescribed by law. 4 12 Sec. 8. Section 155A.24, unnumbered paragraph 2, Code 4 13 1999, is amended to read as follows: 4 14 If the prescription drug is a controlled substance, the 4 15 person shall be punished pursuant to section 124.401, 4 16 subsection 1, or section 124.401D, subsection 2, and section 4 17 124.411. 4 18 Sec. 9. Section 232.8, subsection 1, paragraph c, Code 4 19 1999, is amended to read as follows: 4 20 c. Violations by a child, age sixteen or older, which 4 21 subject the child to the provisions of section 124.401, 4 22 subsection 1, paragraph "e" or "f", or violations of section 4 23 124.401D, subsection 2, paragraph "d", subparagraph (1) or 4 24 (2), or violations of section 723A.2 which involve a violation 4 25 of chapter 724, or violation of chapter 724 which constitutes 4 26 a felony, or violations which constitute a forcible felony are 4 27 excluded from the jurisdiction of the juvenile court and shall 4 28 be prosecuted as otherwise provided by law unless the court 4 29 transfers jurisdiction of the child to the juvenile court upon 4 30 motion and for good cause. A child over whom jurisdiction has 4 31 not been transferred to the juvenile court, and who is 4 32 convicted of a violation excluded from the jurisdiction of the 4 33 juvenile court under this paragraph, shall be sentenced 4 34 pursuant to section 124.401B, 902.9, or 903.1. 4 35 Notwithstanding any other provision of the Code to the 5 1 contrary, the court may accept from a child a plea of guilty, 5 2 or may instruct the jury on a lesser included offense to the 5 3 offense excluded from the jurisdiction of the juvenile court 5 4 under this section, in the same manner as regarding an adult. 5 5 Sec. 10. Section 232.22, subsection 1, paragraph e, 5 6 unnumbered paragraph 1, Code 1999, is amended to read as 5 7 follows: 5 8 There is probable cause to believe that the child has 5 9 committed a delinquent act involving manufacturing, delivery, 5 10 or possession with intent to deliver any of the following 5 11 controlled substances: 5 12 Sec. 11. Section 232.22, subsection 1, paragraph e, 5 13 subparagraph (3), Code 1999, is amended to read as follows: 5 14 (3) A mixture or substance containing methamphetamine, its 5 15 salts, isomers, or salts of its isomers,or analogs of5 16methamphetamine,and if the act was committed by an adult, it 5 17 would be a violation of section124.401, subsection 15 18 124.401D, subsection 1 or 2. 5 19 Sec. 12. Section 232.52, subsection 2, paragraph e, Code 5 20 1999, is amended to read as follows: 5 21 e. An order transferring the guardianship of the child, 5 22 subject to the continuing jurisdiction and custody of the 5 23 court for the purposes of section 232.54, to the director of 5 24 the department of human services for purposes of placement in 5 25 the state training school or other facility, provided that the 5 26 child is at least twelve years of age and the court finds the 5 27 placement to be in the best interests of the child or 5 28 necessary for the protection of the public, and that the child 5 29 has been found to have committed an act which is a forcible 5 30 felony, as defined in section 702.11, or a felony violation of 5 31sectionsections 124.401, 124.401D, or chapter 707, or the 5 32 court finds any three of the following conditions exist: 5 33 Sec. 13. Section 723A.1, subsection 1, paragraph a, Code 5 34 1999, is amended to read as follows: 5 35 a. An offense constituting a violation of section 124.401 6 1 or 124.401D involving a controlled substance, a counterfeit 6 2 substance, or a simulated controlled substance. 6 3 Sec. 14. Section 811.1, subsections 1 and 2, Code 1999, 6 4 are amended to read as follows: 6 5 1. A defendant awaiting judgment of conviction and 6 6 sentencing following either a plea or verdict of guilty of a 6 7 class "A" felony, murder, any class "B" felony included in 6 8 section 707.6A, felonious assault, felonious child 6 9 endangerment, sexual abuse in the second degree, sexual abuse 6 10 in the third degree, kidnapping, robbery in the first degree, 6 11 arson in the first degree, or burglary in the first degree,or6 12 any felony included in section 124.401, subsection 1, 6 13 paragraph "a", or any class "B" felony included in section 6 14 124.401D. 6 15 2. A defendant appealing a conviction of a class "A" 6 16 felony, murder, any class "B" felony included in section 6 17 707.6A, felonious assault, felonious child endangerment, 6 18 sexual abuse in the second degree, sexual abuse in the third 6 19 degree, kidnapping, robbery in the first degree, arson in the 6 20 first degree, or burglary in the first degree, any felony 6 21 included in section 124.401, subsection 1, paragraph "a",ora 6 22 violation of section 124.401, subsection 1, paragraph "b", or 6 23 any class "B" felony included in section 124.401D. 6 24 Sec. 15. Section 901.5, subsection 10, paragraph a, Code 6 25 1999, is amended to read as follows: 6 26 a. A controlled substance offense under section 124.401, 6 27 124.401A, 124.401D, 124.402, or 124.403. 6 28 Sec. 16. Section 901.10, subsection 2, Code 1999, is 6 29 amended to read as follows: 6 30 2. Notwithstanding subsection 1, if the sentence under 6 31 section 124.413 involves a methamphetamine offense under 6 32 section124.401, subsection 1, paragraph "a" or "b"124.401D, 6 33 subsection 2, paragraph "a" or "b", the court shall not grant 6 34 any reduction of sentence unless the defendant pleads guilty. 6 35 If the defendant pleads guilty, the court may, at its 7 1 discretion, reduce the mandatory minimum sentence by up to 7 2 one-third. If the defendant additionally cooperates in the 7 3 prosecution of other persons involved in the sale or use of 7 4 controlled substances, and if the prosecutor requests an 7 5 additional reduction in defendant's sentence because of such 7 6 cooperation, the court may grant a further reduction in 7 7 defendant's mandatory minimum sentence, up to one-half of the 7 8 remaining mandatory minimum sentence. 7 9 Sec. 17. Section 907.3, subsection 1, paragraph k, Code 7 10 1999, is amended to read as follow: 7 11 k. The offense is a violation of section124.401,7 12subsection 1, paragraph "a" or "b", and the controlled7 13substance is methamphetamine124.401D, subsection 1, 7 14 subsection 2, paragraph "a" or "b", or subsection 3. 7 15 Sec. 18. Section 907.3, subsection 2, paragraph e, 7 16 unnumbered paragraph 1, Code 1999, is amended to read as 7 17 follows: 7 18 The offense is a violation of section124.401, subsection7 191, paragraph "a" or "b", and the controlled substance is7 20methamphetamine124.401D, subsection 1, subsection 2, 7 21 paragraph "a" or "b", or subsection 3. 7 22 Sec. 19. Section 907.3, subsection 3, paragraph e, Code 7 23 1999, is amended to read as follows: 7 24 e. The offense is a violation of section124.401,7 25subsection 1, paragraph "a" or "b", and the controlled7 26substance is methamphetamine124.401D, subsection 1, 7 27 subsection 2, paragraph "a" or "b", or subsection 3. 7 28 EXPLANATION 7 29 This bill amends Code section 124.401, by removing the 7 30 penalties for manufacturing or delivery of methamphetamine 7 31 from Code section 124.401 and placing the penalties in new 7 32 Code section 124.401D. The bill changes the penalty for 7 33 manufacturing methamphetamine from either a class "B" or "C" 7 34 felony to a class "A" felony. The bill provides that a person 7 35 who is 18 years of age or older who manufactures and delivers 8 1 methamphetamine to a person who is under 18 years of age is 8 2 also guilty of a class "A" felony. A person who is convicted 8 3 of a class "A" felony must be sentenced to imprisonment for 8 4 the rest of the person's life. 8 5 The penalties for delivery of or possession with intent to 8 6 deliver have not been changed. Current law provides that for 8 7 delivery of or possession with intent to deliver more than 8 8 five kilograms of methamphetamine, a person commits a class 8 9 "B" felony which is punishable by imprisonment not to exceed 8 10 50 years and a fine of not more than $1 million. If a person 8 11 delivers more than five grams but not more than five kilograms 8 12 that person commits a class "B" felony which is punishable by 8 13 imprisonment not to exceed 25 years and a fine of at least 8 14 $5,000 but not more than $100,000. If a person delivers five 8 15 grams or less the person commits a class "C" felony which is 8 16 punishable by imprisonment not to exceed 10 years and a fine 8 17 of at least $1,000 but not more than $50,000. Existing law 8 18 also enhances the penalty for a person who is convicted of 8 19 either delivery of or possession with intent to deliver 8 20 methamphetamine, if the person is in the immediate possession 8 21 of a firearm or offensive weapon. If the convicted person is 8 22 also in immediate possession of a firearm that person's 8 23 sentence shall be two times the term otherwise imposed, or if 8 24 that person is in possession of an offensive weapon that 8 25 person's sentence shall be three times the sentence otherwise 8 26 imposed. 8 27 The bill expands the list of offenses related to controlled 8 28 substances the juvenile court may consider when determining 8 29 whether to place a juvenile at a secured detention facility 8 30 before a trial on the merits of the case. The bill provides 8 31 that at the detention hearing, the court may consider whether 8 32 there is probable cause to believe the juvenile was involved 8 33 with the manufacture or delivery of a controlled substance. 8 34 Existing law only allows the court to consider whether there 8 35 is probable cause to believe the juvenile was in possession 9 1 with the intent to deliver a controlled substance. However, 9 2 other factors the court may consider in placing a juvenile at 9 3 detention include risk of harm to others, probability of 9 4 running away, or violation of conditions of release. 9 5 The bill also restricts a person's ability to post bond 9 6 when charged with and convicted of either manufacturing 9 7 methamphetamine or delivery of more than five grams of 9 8 methamphetamine. The bill requires that a person charged with 9 9 manufacturing or delivery of more than five grams of 9 10 methamphetamine go immediately to jail without bond if such 9 11 person pleads to the charge or is convicted at trial, and 9 12 remain in jail until sentencing. The bill also requires any 9 13 person sentenced to prison for manufacturing or delivery of 9 14 more than five grams of methamphetamine remain in prison 9 15 pending the final decision by a reviewing court on appeal. 9 16 Current law generally permits a person who pleads to a 9 17 change or is convicted at trial to post bond and remain out of 9 18 jail until the sentence has been imposed. If the person is 9 19 convicted of a crime at trial, is sentenced to jail or prison, 9 20 and appeals the case, current law ordinarily allows a person 9 21 to post another bond and remain free pending the final 9 22 decision by the reviewing court on appeal. 9 23 The bill amends Code sections 124.413, 155A.24, 9 24 232.8(1)(c), 232.22(1)(e), 232.52(2)(e), 723A.1, 901.5, 9 25 901.10, and 907.3 to correspond with the new section created 9 26 in this bill dealing with manufacture and delivery of 9 27 methamphetamine and the removal of the penalties for 9 28 manufacture and delivery of methamphetamine from Code section 9 29 124.401. 9 30 LSB 1181YH 78 9 31 jm/gg/8.1
Text: HF00117 Text: HF00119 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00100/HF00118/990120.html
jhf