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House File 2297

Partial Bill History

Bill Text

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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