Text: HF00572 Text: HF00574 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 1 2 HOUSE FILE 573 1 3 1 4 AN ACT 1 5 TO CHANGE THE PENALTIES APPLICABLE TO THE POSSESSION, 1 6 MANUFACTURE, OR DELIVERY OF METHAMPHETAMINE AND OTHER 1 7 CONTROLLED SUBSTANCES, RELATING TO THE POSSESSION OR 1 8 CONTROL OF ADULTERATED OR IMPROPERLY LABELED ARTICLES, 1 9 PROVIDING FOR THE REOPENING OF CERTAIN SENTENCES, AND 1 10 PROVIDING FOR RESTRICTIONS ON BAIL. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. Section 13B.4, subsection 1, Code 1999, is 1 15 amended to read as follows: 1 16 1. The state public defender shall coordinate the 1 17 provision of legal representation of all indigents under 1 18 arrest or charged with a crime, on appeal in criminal cases, 1 19 and on appeal in proceedings to obtain postconviction relief 1 20 when ordered to do so by the district court in which the 1 21 judgment or order was issued, a reopening of a sentence 1 22 proceeding, and may provide for the representation of 1 23 indigents in proceedings instituted pursuant to chapter 908. 1 24 The state public defender shall not engage in the private 1 25 practice of law. 1 26 Sec. 2. Section 124.401, subsection 4, Code 1999, is 1 27 amended to read as follows: 1 28 4.It is unlawful for anyA personto possesswho 1 29 possesses any product containingephedrineany of the 1 30 following commits a class "D" felony, if the person possesses 1 31 with the intent to use the product to manufacture any 1 32 controlled substance: 1 33 a. Ephedrine, its salts, optical isomers, salts of optical 1 34 isomers, or analogs of ephedrine, or pseudoephedrine. 1 35 b. Pseudoephedrine, its salts, optical isomers, salts of 2 1 optical isomers, or analogs of pseudoephedrine, with the2 2intent to use the product as a precursor to any illegal2 3substance or an intermediary to any controlled substance. 2 4 c. Ethyl ether. 2 5 d. Anhydrous ammonia. 2 6 e. Red phosphorous. 2 7 f. Lithium. 2 8 g. Iodine. 2 9 h. Thionyl chloride. 2 10 i. Chloroform. 2 11 j. Palladium. 2 12 k. Perchloric acid. 2 13 l. Tetrahydrofuran. 2 14 m. Ammonium chloride. 2 15 n. Magnesium sulfate.A person who violates this2 16subsection commits a class "D" felony.2 17 Sec. 3. Section 124.401, subsection 5, Code 1999, is 2 18 amended by adding the following new unnumbered paragraphs 2 19 after unnumbered paragraph 3: 2 20 NEW UNNUMBERED PARAGRAPH. If a person commits a violation 2 21 of this subsection, the court shall order the person to serve 2 22 a term of imprisonment of not less than forty-eight hours. 2 23 Any sentence imposed may be suspended, and the court shall 2 24 place the person on probation upon such terms and conditions 2 25 as the court may impose. If the person is not sentenced to 2 26 confinement under the custody of the director of the 2 27 department of corrections, the terms and conditions of 2 28 probation shall require submission to random drug testing. If 2 29 the person fails a drug test, the court may transfer the 2 30 person's placement to any appropriate placement permissible 2 31 under the court order. 2 32 NEW UNNUMBERED PARAGRAPH. If the controlled substance is 2 33 methamphetamine, its salts, isomers, or salts of its isomers, 2 34 the court shall order the person to serve a term of 2 35 imprisonment of not less than forty-eight hours. Any sentence 3 1 imposed may be suspended, and the court shall place the person 3 2 on probation upon such terms and conditions as the court may 3 3 impose. The court may place the person on intensive 3 4 probation. However, the terms and conditions of probation 3 5 shall require submission to random drug testing. If the 3 6 person fails a drug test, the court may transfer the person's 3 7 placement to any appropriate placement permissible under the 3 8 court order. 3 9 Sec. 4. NEW SECTION. 124.401D CONSPIRACY TO MANUFACTURE 3 10 FOR DELIVERY OR DELIVERY OR INTENT OR CONSPIRACY TO DELIVER 3 11 METHAMPHETAMINE TO A MINOR. 3 12 1. It is unlawful for a person eighteen years of age or 3 13 older to act with, or enter into a common scheme or design 3 14 with, or conspire with one or more persons to manufacture for 3 15 delivery to a person under eighteen years of age a material, 3 16 compound, mixture, preparation, or substance that contains any 3 17 detectable amount of methamphetamine, its salts, isomers, or 3 18 salts of its isomers. 3 19 A violation of this subsection is a felony punishable under 3 20 section 902.9, subsection 0A. A second or subsequent 3 21 violation of this subsection is a class "A" felony. 3 22 2. It is unlawful for a person eighteen years of age or 3 23 older to deliver, or possess with the intent to deliver to a 3 24 person under eighteen years of age, a material, compound, 3 25 mixture, preparation, or substance that contains any 3 26 detectable amount of methamphetamine, its salts, isomers, or 3 27 salts of its isomers, or to act with, or enter into a common 3 28 scheme or design with, or conspire with one or more persons to 3 29 deliver or possess with the intent to deliver to a person 3 30 under eighteen years of age a material, compound, mixture, 3 31 preparation, or substance that contains any detectable amount 3 32 of methamphetamine, its salts, isomers, or salts of its 3 33 isomers. 3 34 A violation of this subsection is a felony punishable under 3 35 section 902.9, subsection 0A. A second or subsequent 4 1 violation of this subsection is a class "A" felony. 4 2 Sec. 5. NEW SECTION. 124.401E CERTAIN PENALTIES FOR 4 3 MANUFACTURING OR DELIVERY OF METHAMPHETAMINE. 4 4 1. If a court sentences a person for the person's first 4 5 conviction for delivery or possession with intent to deliver a 4 6 controlled substance under section 124.401, subsection 1, 4 7 paragraph "c", and if the controlled substance is 4 8 methamphetamine, its salts, isomers, or salts of its isomers, 4 9 the court may suspend the sentence, and the court may order 4 10 the person to complete a drug court program if a drug court 4 11 has been established in the county in which the person is 4 12 sentenced or order the person to be assigned to a community- 4 13 based correctional facility for a period of one year or until 4 14 maximum benefits are achieved, whichever is earlier. 4 15 2. If a court sentences a person for a conviction of 4 16 manufacturing of a controlled substance under section 124.401, 4 17 subsection 1, paragraph "c", and if the controlled substance 4 18 is methamphetamine, its salts, isomers, or salts of its 4 19 isomers, the court may suspend the sentence, and the court may 4 20 order the person to complete a drug court program if a drug 4 21 court has been established in the county in which the person 4 22 is sentenced, or order the person to be assigned to a 4 23 community-based correctional facility for a period of one year 4 24 or until maximum benefits are achieved, whichever is earlier. 4 25 3. If a court sentences a person for the person's second 4 26 or subsequent conviction for delivery or possession with 4 27 intent to deliver a controlled substance under section 4 28 124.401, subsection 1, and the controlled substance is 4 29 methamphetamine, its salts, isomers, or salts of its isomers, 4 30 the court, in addition to any other authorized penalties, 4 31 shall sentence the person to imprisonment in accordance with 4 32 section 124.401, subsection 1, and the person shall serve the 4 33 minimum period of confinement as required by section 124.413. 4 34 Sec. 6. NEW SECTION. 124.401F PROHIBITIONS ON TAMPERING 4 35 WITH, POSSESSING, OR TRANSPORTING ANHYDROUS AMMONIA OR 5 1 ANHYDROUS AMMONIA EQUIPMENT. 5 2 1. A person shall not intentionally tamper with anhydrous 5 3 ammonia equipment. Tampering occurs when a person who is not 5 4 authorized by the owner of anhydrous ammonia equipment uses 5 5 the equipment in violation of a provision of this section. A 5 6 person shall not in any manner or for any purpose sell, fill, 5 7 refill, deliver, permit to be delivered, or use an anhydrous 5 8 ammonia container or receptacle, including for the storage of 5 9 any gas or compound, unless the person owns the container or 5 10 receptacle or is authorized to do so by the owner. A person 5 11 shall not possess or transport anhydrous ammonia in a 5 12 container or receptacle which is not authorized by the 5 13 secretary to hold anhydrous ammonia. 5 14 2. A person violating this section commits a serious 5 15 misdemeanor. In addition to the imposition of the serious 5 16 misdemeanor penalty, a person shall be subject to a civil 5 17 penalty of not more than one thousand five hundred dollars, if 5 18 the person does any of the following: 5 19 a. Intentionally tampers with anhydrous ammonia equipment. 5 20 b. Possesses or transports anhydrous ammonia in a 5 21 container or receptacle which is not authorized to hold 5 22 anhydrous ammonia according to rules adopted by the secretary. 5 23 3. A person tampering with anhydrous ammonia equipment in 5 24 violation of this section shall not have a cause of action 5 25 against the owner of the equipment, any person responsible for 5 26 the installation and maintenance of the equipment, or the 5 27 person lawfully selling the anhydrous ammonia for damages 5 28 arising out of the tampering. 5 29 Sec. 7. Section 189.16, Code 1999, is amended to read as 5 30 follows: 5 31 189.16 POSSESSION AND CONTROL OF ADULTERATED AND 5 32 IMPROPERLY LABELED ARTICLES. 5 33 1.AnyExcept as provided in subsection 2, a personhaving5 34 in possession orunderhaving controlanyof an article which 5 35 is adulterated or which is improperly labeled according to the 6 1 provisions of this subtitle, excluding chapters 203, 203A,6 2203C, 203D, 207, and 208,shall be presumed to knowits true6 3character and name, and suchthat the article is adulterated 6 4 or improperly labeled. A person's possession of an 6 5 adulterated or improperly labeled article shall be prima facie 6 6 evidenceof having the same in possession with intentthat the 6 7 person intends to violate the provisions of this subtitle,6 8excluding chapters 203, 203A, 203C, 203D, 207, and 208. 6 9 2. This section does not apply to the possession or 6 10 control of any of the following: 6 11 a. Grain by a person regulated under chapter 203, 203A, 6 12 203C, or 203D. 6 13 b. Mining materials including coal by a person regulated 6 14 under chapter 207 or 208. 6 15 c. A controlled substance as provided in chapter 124. 6 16 Sec. 8. Section 200.14, subsection 1A, Code 1999, is 6 17 amended to read as follows: 6 18 1A. Anhydrous ammonia equipment shall be installed and 6 19 maintained in a safe operating condition and in conformity 6 20 with rules adopted by the secretary.A person shall not6 21intentionally tamper with anhydrous ammonia equipment.6 22Tampering occurs when a person who is not authorized by the6 23owner of anhydrous ammonia equipment uses the equipment in6 24violation of a provision of this chapter, including a rule6 25adopted by the secretary. A person shall not in any manner or6 26for any purpose sell, fill, refill, deliver, permit to be6 27delivered, or use an anhydrous ammonia container or6 28receptacle, including for the storage of any gas or compound,6 29unless the person owns the container or receptacle or is6 30authorized to do so by the owner. A person shall not possess6 31or transport anhydrous ammonia in a container or receptacle6 32which is not authorized by the secretary to hold anhydrous6 33ammonia.6 34 Sec. 9. Section 200.18, subsection 2, Code 1999, is 6 35 amended to read as follows: 7 1 2. A person violating this chapter or rules adopted by the 7 2 secretary pursuant to this chapter shall be guilty of a simple 7 3 misdemeanor.In addition to the imposition of the simple7 4misdemeanor penalty, a person violating section 200.14 shall7 5be subject to a civil penalty of not more than one thousand7 6five hundred dollars, if the person does any of the following:7 7 However, a person who tampers with, possesses, or transports 7 8 anhydrous ammonia or anhydrous ammonia equipment commits a 7 9 serious misdemeanor under section 124.401F. 7 10a. Intentionally tampers with anhydrous ammonia equipment.7 11b. Possesses or transports anhydrous ammonia in a7 12container or receptacle which is not authorized to hold7 13anhydrous ammonia according to rules adopted by the secretary.7 14A person tampering with anhydrous ammonia equipment in7 15violation of section 200.14 shall not have a cause of action7 16against the owner of the equipment, any person responsible for7 17the installation and maintenance of the equipment, or the7 18person lawfully selling the anhydrous ammonia for damages7 19arising out of the tampering.7 20 Sec. 10. Section 811.1, subsections 1 and 2, Code 1999, 7 21 are amended to read as follows: 7 22 1. A defendant awaiting judgment of conviction and 7 23 sentencing following either a plea or verdict of guilty of a 7 24 class "A" felony, murder, any class "B" felony included in 7 25 section 707.6A, felonious assault, felonious child 7 26 endangerment, sexual abuse in the second degree, sexual abuse 7 27 in the third degree, kidnapping, robbery in the first degree, 7 28 arson in the first degree,orburglary in the first degree,or7 29 any felony included in section 124.401, subsection 1, 7 30 paragraph "a" or "b", or a second or subsequent offense under 7 31 section 124.401, subsection 1, paragraph "c", or any felony 7 32 punishable under section 902.9, subsection 0A. 7 33 2. A defendant appealing a conviction of a class "A" 7 34 felony, murder, any class "B" felony included in section 7 35 707.6A, felonious assault, felonious child endangerment, 8 1 sexual abuse in the second degree, sexual abuse in the third 8 2 degree, kidnapping, robbery in the first degree, arson in the 8 3 first degree,orburglary in the first degree, any felony 8 4 included in section 124.401, subsection 1, paragraph "a",ora8 5violation of section 124.401, subsection 1, paragraph"b", or 8 6 a second or subsequent conviction under section 124.401, 8 7 subsection 1, paragraph "c", or any felony punishable under 8 8 section 902.9, subsection 0A. 8 9 Sec. 11. Section 811.2, subsection 1, Code 1999, is 8 10 amended by adding the following new unnumbered paragraph: 8 11 NEW UNNUMBERED PARAGRAPH. Any bailable defendant who is 8 12 charged with unlawful possession, manufacture, delivery, or 8 13 distribution of a controlled substance or other drug under 8 14 chapter 124 and is ordered released shall be required, as a 8 15 condition of that release, to submit to a substance abuse 8 16 evaluation and follow any recommendations proposed in the 8 17 evaluation for appropriate substance abuse treatment. 8 18 Sec. 12. Section 901.2, unnumbered paragraph 3, Code 1999, 8 19 is amended to read as follows: 8 20 The court shall not order a presentence investigation when 8 21 the offense is a class "A" felony. If, however, the board of 8 22 parole determines that the Iowa medical and classification 8 23 center reception report for a class "A" felon is inadequate, 8 24 the board may request and shall be provided with additional 8 25 information from the appropriate judicial district department 8 26 of correctional services. The court shall order a presentence 8 27 investigation when the offense is any felony punishable under 8 28 section 902.9, subsection 0A, or a class "B", class "C", or 8 29 class "D" felony. A presentence investigation for any felony 8 30 punishable under section 902.9, subsection 0A, or a class "B", 8 31 class "C", or class "D" felony shall not be waived. The court 8 32 may order, with the consent of the defendant, that the 8 33 presentence investigation begin prior to the acceptance of a 8 34 plea of guilty, or prior to a verdict of guilty. The court 8 35 may order a presentence investigation when the offense is an 9 1 aggravated misdemeanor. The court may order a presentence 9 2 investigation when the offense is a serious misdemeanor only 9 3 upon a finding of exceptional circumstances warranting an 9 4 investigation. Notwithstanding section 901.3, a presentence 9 5 investigation ordered by the court for a serious misdemeanor 9 6 shall include information concerning only the following: 9 7 Sec. 13. NEW SECTION. 901.5A REOPENING OF A SENTENCE. 9 8 1. A defendant sentenced by the court to the custody of 9 9 the director of the department of corrections for an offense 9 10 punishable under section 902.9, subsection 0A, may have the 9 11 judgment and sentence entered under section 901.5 reopened for 9 12 resentencing if the following apply: 9 13 a. The county attorney from the county which prosecuted 9 14 the defendant files a motion to reopen the sentence of the 9 15 defendant based upon the defendant's cooperation in the 9 16 prosecution of other persons. 9 17 b. The court finds the defendant cooperated in the 9 18 prosecution of other persons. 9 19 2. Upon a finding by the court that the defendant 9 20 cooperated in the prosecution of other persons, the court may 9 21 reduce the maximum sentence imposed under the original 9 22 sentencing order. 9 23 3. For purposes of calculating good conduct time under 9 24 section 903A.2, the sentencing date for a defendant whose 9 25 sentence has been reopened under this section shall be the 9 26 date of the original sentencing order. 9 27 4. The filing of a motion or the reopening of a sentence 9 28 under this section shall not constitute grounds to stay any 9 29 other court proceedings, or to toll or restart the time for 9 30 filing of any post-trial motion or any appeal. 9 31 5. The defendant may request appointment of counsel, if 9 32 eligible under section 815.10, prior to and during any 9 33 negotiations and proceedings pursuant to this section. 9 34 Sec. 14. Section 901.10, Code 1999, is amended to read as 9 35 follows: 10 1 901.10IMPOSITIONREDUCTION OFMANDATORY MINIMUM10 2 SENTENCES. 10 3 1. A court sentencing a person for the person's first 10 4 conviction under section 124.406, 124.413, or 902.7 may, at 10 5 its discretion, sentence the person to a term less than 10 6 provided by the statute if mitigating circumstances exist and 10 7 those circumstances are stated specifically in the record. 10 8 2. Notwithstanding subsection 1, if the sentence under 10 9 section 124.413 involves a methamphetamine offense under 10 10 section 124.401, subsection 1, paragraph "a" or "b", the court 10 11 shall not grant any reduction of sentence unless the defendant 10 12 pleads guilty. If the defendant pleads guilty, the court may, 10 13 at its discretion, reduce the mandatory minimum sentence by up 10 14 to one-third. If the defendant additionally cooperates in the 10 15 prosecution of other persons involved in the sale or use of 10 16 controlled substances, and if the prosecutor requests an 10 17 additional reduction in defendant's sentence because of such 10 18 cooperation, the court may grant a further reduction in 10 19 defendant's mandatory minimum sentence, up to one-half of the 10 20 remaining mandatory minimum sentence. 10 21 3. A court sentencing a person for the person's first 10 22 conviction under section 124.401D may, at its discretion, 10 23 sentence the person to a term less than the maximum term 10 24 provided under section 902.9, subsection 0A, if mitigating 10 25 circumstances exist and those circumstances are stated 10 26 specifically in the record. However, the court shall not 10 27 grant any reduction of sentence unless the defendant pleads 10 28 guilty. If the defendant pleads guilty, the court may, at its 10 29 discretion, reduce the maximum sentence by up to one-third. 10 30 If the defendant cooperates in the prosecution of other 10 31 persons involved in the sale or use of controlled substances, 10 32 and if the prosecutor requests an additional reduction in the 10 33 defendant's sentence because of such cooperation, the court 10 34 may grant a further reduction in the defendant's maximum 10 35 sentence. 11 13.4. The state may appeal the discretionary decision on 11 2 the grounds that the stated mitigating circumstances do not 11 3 warrant a reduction of the sentence. 11 4 Sec. 15. Section 902.3, Code 1999, is amended to read as 11 5 follows: 11 6 902.3 INDETERMINATE SENTENCE. 11 7 When a judgment of conviction of a felony other than a 11 8 class "A" felony is entered against a person, the court, in 11 9 imposing a sentence of confinement, shall commit the person 11 10 into the custody of the director of the Iowa department of 11 11 corrections for an indeterminate term, the maximum length of 11 12 which shall not exceed the limits as fixed bysection 707.3 or11 13 section 902.9, unless otherwise prescribed by statute, nor 11 14 shall the term be less than the minimum term imposed by law, 11 15 if a minimum sentence is provided. However, the court may 11 16 sentence a person convicted of a class "D" felony for a 11 17 violation of section 321J.2 to imprisonment for up to one year 11 18 in a county jail under section 902.9, subsection 4, and the 11 19 person shall not be under the custody of the director of the 11 20 Iowa department of corrections. 11 21 Sec. 16. NEW SECTION. 902.8A MINIMUM SENTENCE FOR 11 22 CONSPIRING TO MANUFACTURE OR DELIVERY OF METHAMPHETAMINE TO A 11 23 MINOR. 11 24 A person who has been convicted for a first violation under 11 25 section 124.401D shall not be eligible for parole until the 11 26 person has served a minimum term of confinement of ten years. 11 27 Sec. 17. Section 902.9, Code 1999, is amended by adding 11 28 the following new subsection: 11 29 NEW SUBSECTION. 0A. A felon sentenced for a first 11 30 conviction for a violation of section 124.401D, shall be 11 31 confined for no more than ninety-nine years. 11 32 Sec. 18. Section 903A.5, unnumbered paragraph 1, Code 11 33 1999, is amended to read as follows: 11 34 An inmate shall not be discharged from the custody of the 11 35 director of the Iowa department of corrections until the 12 1 inmate has served the full term for which the inmate was 12 2 sentenced, less good conduct time earned and not forfeited, 12 3 unless the inmate is pardoned or otherwise legally released. 12 4 Good conduct time earned and not forfeited shall apply to 12 5 reduce a mandatory minimum sentence being served pursuant to 12 6 section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An 12 7 inmate shall be deemed to be serving the sentence from the day 12 8 on which the inmate is received into the institution. 12 9 However, if an inmate was confined to a county jail or other 12 10 correctional or mental facility at any time prior to 12 11 sentencing, or after sentencing but prior to the case having 12 12 been decided on appeal, because of failure to furnish bail or 12 13 because of being charged with a nonbailable offense, the 12 14 inmate shall be given credit for the days already served upon 12 15 the term of the sentence. The sheriff of the county in which 12 16 the inmate was confined shall certify to the clerk of the 12 17 district court from which the inmate was sentenced the number 12 18 of days so served. The clerk of the district court shall 12 19 forward a copy of the certification of the days served to the 12 20 warden. 12 21 Sec. 19. Section 906.5, subsection 1, unnumbered paragraph 12 22 1, Code 1999, is amended to read as follows: 12 23 The board shall establish and implement a plan by which the 12 24 board systematically reviews the status of each person who has 12 25 been committed to the custody of the director of the Iowa 12 26 department of corrections and considers the person's prospects 12 27 for parole or work release. The board at least annually shall 12 28 review the status of a person other than a class "A" felon, a 12 29 class "B" felon serving a sentence of more than twenty-five 12 30 years, or a felon serving an offense punishable under section 12 31 902.9, subsection 0A, or a felon serving a mandatory minimum 12 32 sentence other than a class "A" felon, and provide the person 12 33 with notice of the board's parole or work release decision. 12 34 12 35 13 1 RON J. CORBETT 13 2 Speaker of the House 13 3 13 4 13 5 13 6 MARY E. KRAMER 13 7 President of the Senate 13 8 13 9 I hereby certify that this bill originated in the House and 13 10 is known as House File 573, Seventy-eighth General Assembly. 13 11 13 12 13 13 13 14 ELIZABETH ISAACSON 13 15 Chief Clerk of the House 13 16 Approved , 1999 13 17 13 18 13 19 13 20 THOMAS J. VILSACK 13 21 Governor
Text: HF00572 Text: HF00574 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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