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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