Text: HF02296 Text: HF02298 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 124.407A LOITERING. 1 2 1. It shall be unlawful for any person to loiter within 1 3 one hundred feet of any public place and possess with the 1 4 intent to deliver, or possess or attempt to possess, a 1 5 controlled substance. 1 6 2. The following circumstances may be considered in 1 7 determining whether a person is loitering and possessing with 1 8 the intent to deliver, or possessing or attempt to possess, a 1 9 controlled substance: 1 10 a. The person has a prior conviction under chapter 124, 1 11 124A, 124B, or 453B. 1 12 b. The person passes or receives objects in a manner which 1 13 would hide the objects from public view. 1 14 c. The person possesses a device which is primarily used 1 15 to distribute or ingest controlled substances which includes, 1 16 but is not limited to, a crack pipe, push wires, chore boys, 1 17 hand scales, hypodermic needles, razor blades, or other 1 18 cutting devices. 1 19 d. The person flees or conceals their presence from a 1 20 uniformed law enforcement officer. 1 21 e. The person is under the influence of a controlled 1 22 substance. 1 23 f. The person is acting in such a manner as to raise a 1 24 reasonable suspicion that the person is acting as a lookout 1 25 for other persons delivering, possessing with the intent to 1 26 deliver or possessing, or attempting to possess a controlled 1 27 substance. 1 28 3. For purposes of this section: 1 29 a. "Loiter" means to remain or linger in a place with no 1 30 apparent reason other than to establish control over an area, 1 31 or to intimidate others from entering the area, for the 1 32 purpose of possessing with the intent to deliver or 1 33 possessing, or attempting to possess a controlled substance. 1 34 b. "Public place" means a street, an alley, driveway, 1 35 plaza, park, parking lot, a building open to the public, or a 2 1 motor vehicle located in a public place as defined in this 2 2 paragraph. 2 3 4. A person commits a serious misdemeanor for a first 2 4 offense under this section, an aggravated misdemeanor for a 2 5 second offense, and a class "D" felony for a third or 2 6 subsequent offense. 2 7 EXPLANATION 2 8 This bill establishes a new criminal offense of loitering 2 9 for a drug-related purpose and provides a penalty. 2 10 The bill provides that a person shall not loiter within 100 2 11 feet of a public place and possess with the intent to deliver, 2 12 or possess or attempt to possess a controlled substance. The 2 13 bill further provides that in determining whether a person is 2 14 loitering, the court or jury, if tried before a jury, may 2 15 generally consider whether: the person has a prior drug- 2 16 related conviction; the person is passing or receiving objects 2 17 in a manner which would hide objects from public view; the 2 18 person is in possession of an object used to distribute or 2 19 ingest a controlled substance; the person flees or hides from 2 20 a uniformed law enforcement officer; the person is under the 2 21 influence of a controlled substance; or the person is or 2 22 appears to be acting as a lookout for others who are 2 23 delivering, or possessing with the intent to deliver, or 2 24 possessing, or attempting to possess a controlled substance. 2 25 The bill defines "loiter" to mean any person who is within 2 26 100 feet of a public place for no apparent reason other than 2 27 to establish control of an area, or to intimidate others from 2 28 entering the area for the purpose of possessing with the 2 29 intent to deliver, or possessing or attempting to possess a 2 30 controlled substance. The bill defines public place to mean a 2 31 street, an alley, driveway, plaza, park, parking lot, a 2 32 building open to the public, or a motor vehicle located in a 2 33 public place. 2 34 Under the bill, a person commits a serious misdemeanor for 2 35 a first offense, an aggravated misdemeanor for a second 3 1 offense, and a class "D" felony for a third or subsequent 3 2 offense. 3 3 A serious misdemeanor is punishable by confinement for no 3 4 more than one year and a fine of at least $250 but not more 3 5 than $1,500. An aggravated misdemeanor is punishable by 3 6 confinement for no more than two years and a fine of at least 3 7 $500 but not more than $5,000. A class "D" felony is 3 8 punishable by confinement for no more than five years and a 3 9 fine of at least $750 but not more than $7,500. 3 10 LSB 5643YH 78 3 11 jm/cls/14
Text: HF02296 Text: HF02298 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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