Text: HF02418 Text: HF02420 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2419 1 2 1 3 AN ACT 1 4 CONCERNING THE CRIMINAL PENALTIES RELATING TO AMPHETAMINES OR 1 5 DRUG PARAPHERNALIA. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 124.401, subsection 5, unnumbered 1 10 paragraph 5, Code Supplement 1999, is amended to read as 1 11 follows: 1 12 If the controlled substance is amphetamine, its salts, 1 13 isomers, or salts of its isomers, or methamphetamine, its 1 14 salts, isomers, or salts of its isomers, the court shall order 1 15 the person to serve a term of imprisonment of not less than 1 16 forty-eight hours. Any sentence imposed may be suspended, and 1 17 the court shall place the person on probation upon such terms 1 18 and conditions as the court may impose. The court may place 1 19 the person on intensive probation. However, the terms and 1 20 conditions of probation shall require submission to random 1 21 drug testing. If the person fails a drug test, the court may 1 22 transfer the person's placement to any appropriate placement 1 23 permissible under the court order. 1 24 Sec. 2. Section 124.401D, Code Supplement 1999, is amended 1 25 to read as follows: 1 26 124.401D CONSPIRACY TO MANUFACTURE FOR DELIVERY OR 1 27 DELIVERY OR INTENT OR CONSPIRACY TO DELIVER AMPHETAMINE OR 1 28 METHAMPHETAMINE TO A MINOR. 1 29 1. It is unlawful for a person eighteen years of age or 1 30 older to act with, or enter into a common scheme or design 1 31 with, or conspire with one or more persons to manufacture for 1 32 delivery to a person under eighteen years of age a material, 1 33 compound, mixture, preparation, or substance that contains any 1 34 detectable amount of amphetamine, its salts, isomers, or salts 1 35 of its isomers, or methamphetamine, its salts, isomers, or 2 1 salts of its isomers. 2 2 A violation of this subsection is a felony punishable under 2 3 section 902.9, subsection 1. A second or subsequent violation 2 4 of this subsection is a class "A" felony. 2 5 2. It is unlawful for a person eighteen years of age or 2 6 older to deliver, or possess with the intent to deliver to a 2 7 person under eighteen years of age, a material, compound, 2 8 mixture, preparation, or substance that contains any 2 9 detectable amount of amphetamine, its salts, isomers, or salts 2 10 of its isomers, or methamphetamine, its salts, isomers, or 2 11 salts of its isomers, or to act with, or enter into a common 2 12 scheme or design with, or conspire with one or more persons to 2 13 deliver or possess with the intent to deliver to a person 2 14 under eighteen years of age a material, compound, mixture, 2 15 preparation, or substance that contains any detectable amount 2 16 of amphetamine, its salts, isomers, or salts of its isomers, 2 17 or methamphetamine, its salts, isomers, or salts of its 2 18 isomers. 2 19 A violation of this subsection is a felony punishable under 2 20 section 902.9, subsection 1. A second or subsequent violation 2 21 of this subsection is a class "A" felony. 2 22 Sec. 3. Section 124.401E, Code Supplement 1999, is amended 2 23 to read as follows: 2 24 124.401E CERTAIN PENALTIES FOR MANUFACTURING OR DELIVERY 2 25 OF AMPHETAMINE OR METHAMPHETAMINE. 2 26 1. If a court sentences a person for the person's first 2 27 conviction for delivery or possession with intent to deliver a 2 28 controlled substance under section 124.401, subsection 1, 2 29 paragraph "c", and if the controlled substance is amphetamine, 2 30 its salts, isomers, or salts of its isomers, or 2 31 methamphetamine, its salts, isomers, or salts of its isomers, 2 32 the court may suspend the sentence, and the court may order 2 33 the person to complete a drug court program if a drug court 2 34 has been established in the county in which the person is 2 35 sentenced or order the person to be assigned to a community- 3 1 based correctional facility for a period of one year or until 3 2 maximum benefits are achieved, whichever is earlier. 3 3 2. If a court sentences a person for a conviction of 3 4 manufacturing of a controlled substance under section 124.401, 3 5 subsection 1, paragraph "c", and if the controlled substance 3 6 is amphetamine, its salts, isomers, or salts of its isomers, 3 7 or methamphetamine, its salts, isomers, or salts of its 3 8 isomers, the court may suspend the sentence, and the court may 3 9 order the person to complete a drug court program if a drug 3 10 court has been established in the county in which the person 3 11 is sentenced, or order the person to be assigned to a 3 12 community-based correctional facility for a period of one year 3 13 or until maximum benefits are achieved, whichever is earlier. 3 14 3. If a court sentences a person for the person's second 3 15 or subsequent conviction for delivery or possession with 3 16 intent to deliver a controlled substance under section 3 17 124.401, subsection 1, and the controlled substance is 3 18 amphetamine, its salts, isomers, or salts of its isomers, or 3 19 methamphetamine, its salts, isomers, or salts of its isomers, 3 20 the court, in addition to any other authorized penalties, 3 21 shall sentence the person to imprisonment in accordance with 3 22 section 124.401, subsection 1, and the person shall serve the 3 23 minimum period of confinement as required by section 124.413. 3 24 Sec. 4. NEW SECTION. 124.414 DRUG PARAPHERNALIA. 3 25 1. a. As used in this section, "drug paraphernalia" means 3 26 all equipment, products, or materials of any kind used or 3 27 attempted to be used in combination with a controlled 3 28 substance, except those items used in combination with the 3 29 lawful use of a controlled substance, to knowingly or 3 30 intentionally and primarily do any of the following: 3 31 (1) Manufacture a controlled substance. 3 32 (2) Inject, ingest, inhale, or otherwise introduce into 3 33 the human body a controlled substance. 3 34 (3) Test the strength, effectiveness, or purity of a 3 35 controlled substance. 4 1 (4) Enhance the effect of a controlled substance. 4 2 b. "Drug paraphernalia" does not include hypodermic 4 3 needles or syringes if manufactured, delivered, sold, or 4 4 possessed for a lawful purpose. 4 5 2. It is unlawful for any person to knowingly or 4 6 intentionally manufacture, deliver, sell, or possess drug 4 7 paraphernalia. 4 8 3. A person who violates this section commits a simple 4 9 misdemeanor. 4 10 Sec. 5. Section 901.10, subsection 2, Code Supplement 4 11 1999, is amended to read as follows: 4 12 2. Notwithstanding subsection 1, if the sentence under 4 13 section 124.413 involvesaan amphetamine or methamphetamine 4 14 offense under section 124.401, subsection 1, paragraph "a" or 4 15 "b", the court shall not grant any reduction of sentence 4 16 unless the defendant pleads guilty. If the defendant pleads 4 17 guilty, the court may, at its discretion, reduce the mandatory 4 18 minimum sentence by up to one-third. If the defendant 4 19 additionally cooperates in the prosecution of other persons 4 20 involved in the sale or use of controlled substances, and if 4 21 the prosecutor requests an additional reduction in the 4 22 defendant's sentence because of such cooperation, the court 4 23 may grant a further reduction in the defendant's mandatory 4 24 minimum sentence, up to one-half of the remaining mandatory 4 25 minimum sentence. 4 26 4 27 4 28 4 29 BRENT SIEGRIST 4 30 Speaker of the House 4 31 4 32 4 33 4 34 MARY E. KRAMER 4 35 President of the Senate 5 1 5 2 I hereby certify that this bill originated in the House and 5 3 is known as House File 2419, Seventy-eighth General Assembly. 5 4 5 5 5 6 5 7 ELIZABETH ISAACSON 5 8 Chief Clerk of the House 5 9 Approved , 2000 5 10 5 11 5 12 5 13 THOMAS J. VILSACK 5 14 Governor
Text: HF02418 Text: HF02420 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 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: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/02400/HF02419/000412.html
jhf