Text: HSB00189 Text: HSB00191 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.4, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. The state public defender shall coordinate the 1 4 provision of legal representation of all indigents under 1 5 arrest or charged with a crime, on appeal in criminal cases, 1 6 and on appeal in proceedings to obtain postconviction relief 1 7 when ordered to do so by the district court in which the 1 8 judgment or order was issued, a reopening of a sentence 1 9 proceeding, and may provide for the representation of 1 10 indigents in proceedings instituted pursuant to chapter 908. 1 11 The state public defender shall not engage in the private 1 12 practice of law. 1 13 Sec. 2. Section 124.401, subsections 3 and 4, Code 1999, 1 14 are amended to read as follows: 1 15 3.It is unlawful for anyA personto sell, distribute, or1 16make availablewho sells, distributes, or makes available any 1 17 product containingephedrineany of the following commits a 1 18 serious misdemeanor, if the person knows that the product may 1 19 be used as a precursor to any illegal substance or an 1 20 intermediary to any controlled substance: 1 21 a. Ephedrine, its salts, optical isomers, salts of optical 1 22 isomers, or analogs of ephedrine, or pseudoephedrine. 1 23 b. Pseudoephedrine, its salts, optical isomers, salts of 1 24 optical isomers, or analogs of pseudoephedrine, if the person1 25knows, or should know, that the product may be used as a1 26precursor to any illegal substance or an intermediary to any1 27controlled substance. 1 28 c. Ether. 1 29 d. Anhydrous ammonia. 1 30 e. Red phosphorous. 1 31 f. Lithium. 1 32 g. Iodine. 1 33 h. Thionyl chloride. 1 34 i. Chloroform. 1 35 j. Palladium. 2 1 k. Perchloric acid. 2 2 l. Tetrahydrofuran. 2 3 m. Ammonium chloride. 2 4 n. Liquid nitrogen. 2 5 o. Magnesium sulfate. 2 6A person who violates this subsection commits a serious2 7misdemeanor.2 8 4.It is unlawful for anyA personto possesswho 2 9 possesses any product containingephedrineany of the 2 10 following commits a class "D" felony, if the person possesses 2 11 with the intent to use the product as a precursor to any 2 12 illegal substance or an intermediary to any controlled 2 13 substance: 2 14 a. Ephedrine, its salts, optical isomers, salts of optical 2 15 isomers, or analogs of ephedrine, or pseudoephedrine. 2 16 b. Pseudoephedrine, its salts, optical isomers, salts of 2 17 optical isomers, or analogs of pseudoephedrine, with the2 18intent to use the product as a precursor to any illegal2 19substance or an intermediary to any controlled substance. 2 20 c. Ether. 2 21 d. Anhydrous ammonia. 2 22 e. Red phosphorous. 2 23 f. Lithium. 2 24 g. Iodine. 2 25 h. Thionyl chloride. 2 26 i. Chloroform. 2 27 j. Palladium. 2 28 k. Perchloric acid. 2 29 l. Tetrahydrofuran. 2 30 m. Ammonium chloride. 2 31 n. Liquid nitrogen. 2 32 o. Magnesium sulfate.A person who violates this2 33subsection commits a class "D" felony.2 34 Sec. 3. Section 124.401, subsection 5, Code 1999, is 2 35 amended by adding the following new unnumbered paragraphs 3 1 after unnumbered paragraph 3: 3 2 NEW UNNUMBERED PARAGRAPH. If a person commits a violation 3 3 of this subsection, the court shall order the person to serve 3 4 not less than forty-eight hours in a county jail which may be 3 5 suspended, and shall place the person on probation upon such 3 6 terms and conditions as the court may impose. The terms and 3 7 conditions shall require submission to random drug testing and 3 8 shall specify that the person's probation officer may transfer 3 9 the person's placement to placement in jail for purposes of 3 10 serving the jail sentence specified in the court order without 3 11 further order or hearing. 3 12 NEW UNNUMBERED PARAGRAPH. If the controlled substance is 3 13 methamphetamine, its salts, isomers, or salts of its isomers, 3 14 the court shall order the person to serve not less than forty- 3 15 eight hours in a county jail which may be suspended, and may 3 16 place the person on intensive probation upon such terms and 3 17 conditions as the court may impose. The terms and conditions 3 18 shall require submission to random drug testing and shall 3 19 specify that the person's probation officer may assign the 3 20 person to a community-based correctional facility without 3 21 further court order for a period of six months or until 3 22 maximum benefits are achieved, whichever is earlier. 3 23 Sec. 4. NEW SECTION. 124.401D CONSPIRACY TO MANUFACTURE 3 24 FOR DELIVERY OR DELIVERY OR INTENT OR CONSPIRACY TO DELIVER 3 25 METHAMPHETAMINE TO A MINOR. 3 26 1. It is unlawful for a person eighteen years of age or 3 27 older to act with, or enter into a common scheme or design 3 28 with, or conspire with one or more persons to manufacture for 3 29 delivery to a person under eighteen years of age a material, 3 30 compound, mixture, preparation, or substance that contains any 3 31 detectable amount of methamphetamine, its salts, isomers, or 3 32 salts of its isomers. 3 33 A violation of this subsection is a felony punishable under 3 34 section 902.9, subsection 0B. A second or subsequent 3 35 violation of this subsection is a felony punishable under 4 1 section 902.9, subsection 0A. 4 2 2. It is unlawful for a person eighteen years of age or 4 3 older to deliver, or possess with the intent to deliver to a 4 4 person under eighteen years of age, a material, compound, 4 5 mixture, preparation, or substance that contains any 4 6 detectable amount of methamphetamine, its salts, isomers, or 4 7 salts of its isomers, or to act with, or enter into a common 4 8 scheme or design with, or conspire with one or more persons to 4 9 deliver or possess with the intent to deliver to a person 4 10 under eighteen years of age a material, compound, mixture, 4 11 preparation, or substance that contains any detectable amount 4 12 of methamphetamine, its salts, isomers, or salts of its 4 13 isomers. 4 14 A violation of this subsection is a felony punishable under 4 15 section 902.9, subsection 0B. A second or subsequent 4 16 violation of this subsection is a felony punishable under 4 17 section 902.9, subsection 0A. 4 18 Sec. 5. NEW SECTION. 124.401E CERTAIN PENALTIES FOR 4 19 MANUFACTURING OR DELIVERY OF METHAMPHETAMINE. 4 20 1. If a court sentences a person for the person's first 4 21 conviction for delivery or possession with intent to deliver a 4 22 controlled substance under section 124.401, subsection 1, 4 23 paragraph "c", and if the controlled substance is 4 24 methamphetamine, its salts, isomers, or salts of its isomers, 4 25 the court may suspend the sentence, and the court may order 4 26 the person to complete a drug court program if a drug court 4 27 has been established in the county in which the person is 4 28 sentenced, or order the person to be confined in a residential 4 29 treatment facility for purposes of completion of a treatment 4 30 program, or order the person to be assigned to the judicial 4 31 district department of correctional services for a period of 4 32 one year or until maximum benefits are achieved, whichever is 4 33 earlier. 4 34 2. If a court sentences a person for a conviction of 4 35 manufacturing of a controlled substance under section 124.401, 5 1 subsection 1, paragraph "c", and if the controlled substance 5 2 is methamphetamine, its salts, isomers, or salts of its 5 3 isomers, the court may suspend the sentence, and the court may 5 4 order the person to complete a drug court program if a drug 5 5 court has been established in the county in which the person 5 6 is sentenced, or order the person to be confined in a 5 7 residential treatment facility for purposes of completion of a 5 8 treatment program, or order the person to be assigned to the 5 9 judicial district department of correctional services for a 5 10 period of one year or until maximum benefits are achieved, 5 11 whichever is earlier. 5 12 3. If a court sentences a person for the person's second 5 13 or subsequent conviction for delivery or possession with 5 14 intent to deliver a controlled substance under section 5 15 124.401, subsection 1, and the controlled substance is 5 16 methamphetamine, its salts, isomers, or salts of its isomers, 5 17 the court, in addition to any other authorized penalties, 5 18 shall sentence the person to imprisonment in accordance with 5 19 section 124.401, subsection 1, and the person shall serve the 5 20 minimum period of confinement as required by section 124.413. 5 21 Sec. 6. NEW SECTION. 124.401F PROHIBITIONS ON TAMPERING 5 22 WITH, POSSESSING, OR TRANSPORTING ANHYDROUS AMMONIA OR 5 23 ANHYDROUS AMMONIA EQUIPMENT. 5 24 1. A person shall not intentionally tamper with anhydrous 5 25 ammonia equipment. Tampering occurs when a person who is not 5 26 authorized by the owner of anhydrous ammonia equipment uses 5 27 the equipment in violation of a provision of this section. A 5 28 person shall not in any manner or for any purpose sell, fill, 5 29 refill, deliver, permit to be delivered, or use an anhydrous 5 30 ammonia container or receptacle, including for the storage of 5 31 any gas or compound, unless the person owns the container or 5 32 receptacle or is authorized to do so by the owner. A person 5 33 shall not possess or transport anhydrous ammonia in a 5 34 container or receptacle which is not authorized by the 5 35 secretary to hold anhydrous ammonia. 6 1 2. A person violating this section commits a serious 6 2 misdemeanor. In addition to the imposition of the serious 6 3 misdemeanor penalty, a person shall be subject to a civil 6 4 penalty of not more than one thousand five hundred dollars, if 6 5 the person does any of the following: 6 6 a. Intentionally tampers with anhydrous ammonia equipment. 6 7 b. Possesses or transports anhydrous ammonia in a 6 8 container or receptacle which is not authorized to hold 6 9 anhydrous ammonia according to rules adopted by the secretary. 6 10 3. A person tampering with anhydrous ammonia equipment in 6 11 violation of this section shall not have a cause of action 6 12 against the owner of the equipment, any person responsible for 6 13 the installation and maintenance of the equipment, or the 6 14 person lawfully selling the anhydrous ammonia for damages 6 15 arising out of the tampering. 6 16 Sec. 7. Section 189.16, Code 1999, is amended to read as 6 17 follows: 6 18 189.16 POSSESSION AND CONTROL OF ADULTERATED AND 6 19 IMPROPERLY LABELED ARTICLES. 6 20 1.AnyExcept as provided in subsection 2, a personhaving6 21 in possession orunderhaving controlanyof an article which 6 22 is adulterated or which is improperly labeled according to the 6 23 provisions of this subtitle, excluding chapters 203, 203A,6 24203C, 203D, 207, and 208,shall be presumed to knowits true6 25character and name, and suchthat the article is adulterated 6 26 or improperly labeled. A person's possession of an 6 27 adulterated or improperly labeled article shall be prima facie 6 28 evidenceof having the same in possession with intentthat the 6 29 person intends to violate the provisions of this subtitle,6 30excluding chapters 203, 203A, 203C, 203D, 207, and 208. 6 31 2. This section does not apply to the possession or 6 32 control of any of the following: 6 33 a. Grain by a person regulated under chapter 203, 203A, 6 34 203C, or 203D. 6 35 b. Mining materials including coal by a person regulated 7 1 under chapter 207 or 208. 7 2 c. A controlled substance as provided in chapter 124. 7 3 Sec. 8. Section 200.14, subsection 1A, Code 1999, is 7 4 amended to read as follows: 7 5 1A. Anhydrous ammonia equipment shall be installed and 7 6 maintained in a safe operating condition and in conformity 7 7 with rules adopted by the secretary.A person shall not7 8intentionally tamper with anhydrous ammonia equipment.7 9Tampering occurs when a person who is not authorized by the7 10owner of anhydrous ammonia equipment uses the equipment in7 11violation of a provision of this chapter, including a rule7 12adopted by the secretary. A person shall not in any manner or7 13for any purpose sell, fill, refill, deliver, permit to be7 14delivered, or use an anhydrous ammonia container or7 15receptacle, including for the storage of any gas or compound,7 16unless the person owns the container or receptacle or is7 17authorized to do so by the owner. A person shall not possess7 18or transport anhydrous ammonia in a container or receptacle7 19which is not authorized by the secretary to hold anhydrous7 20ammonia.7 21 Sec. 9. Section 200.18, subsection 2, Code 1999, is 7 22 amended to read as follows: 7 23 2. A person violating this chapter or rules adopted by the 7 24 secretary pursuant to this chapter shall be guilty of a simple 7 25 misdemeanor.In addition to the imposition of the simple7 26misdemeanor penalty, a person violating section 200.14 shall7 27be subject to a civil penalty of not more than one thousand7 28five hundred dollars, if the person does any of the following:7 29 However, a person who tampers with, possesses, or transports 7 30 anhydrous ammonia or anhydrous ammonia equipment commits a 7 31 serious misdemeanor under section 124.401F. 7 32a. Intentionally tampers with anhydrous ammonia equipment.7 33b. Possesses or transports anhydrous ammonia in a7 34container or receptacle which is not authorized to hold7 35anhydrous ammonia according to rules adopted by the secretary.8 1A person tampering with anhydrous ammonia equipment in8 2violation of section 200.14 shall not have a cause of action8 3against the owner of the equipment, any person responsible for8 4the installation and maintenance of the equipment, or the8 5person lawfully selling the anhydrous ammonia for damages8 6arising out of the tampering.8 7 Sec. 10. Section 811.1, subsections 1 and 2, Code 1999, 8 8 are amended to read as follows: 8 9 1. A defendant awaiting judgment of conviction and 8 10 sentencing following either a plea or verdict of guilty of a 8 11 class "A" felony, murder, any class "B" felony included in 8 12 section 707.6A, felonious assault, felonious child 8 13 endangerment, sexual abuse in the second degree, sexual abuse 8 14 in the third degree, kidnapping, robbery in the first degree, 8 15 arson in the first degree,orburglary in the first degree,or8 16 any felony included in section 124.401, subsection 1, 8 17 paragraph "a" or "b", or a second or subsequent offense under 8 18 section 124.401, subsection 1, paragraph "c", or any felony 8 19 punishable under section 902.9, subsection 0A or 0B. 8 20 2. A defendant appealing a conviction of a class "A" 8 21 felony, murder, any class "B" felony included in section 8 22 707.6A, felonious assault, felonious child endangerment, 8 23 sexual abuse in the second degree, sexual abuse in the third 8 24 degree, kidnapping, robbery in the first degree, arson in the 8 25 first degree,orburglary in the first degree, any felony 8 26 included in section 124.401, subsection 1, paragraph "a",ora8 27violation of section 124.401, subsection 1, paragraph"b", or 8 28 a second or subsequent conviction under section 124.401, 8 29 subsection 1, paragraph "c", or any felony punishable under 8 30 section 902.9, subsection 0A or 0B. 8 31 Sec. 11. Section 901.2, unnumbered paragraph 3, Code 1999, 8 32 is amended to read as follows: 8 33 The court shall not order a presentence investigation when 8 34 the offense is a class "A" felony. If, however, the board of 8 35 parole determines that the Iowa medical and classification 9 1 center reception report for a class "A" felon is inadequate, 9 2 the board may request and shall be provided with additional 9 3 information from the appropriate judicial district department 9 4 of correctional services. The court shall order a presentence 9 5 investigation when the offense is any felony punishable under 9 6 section 902.9, subsection 0A or 0B, or a class "B", class "C", 9 7 or class "D" felony. A presentence investigation for any 9 8 felony punishable under section 902.9, subsection 0A or 0B, or 9 9 a class "B", class "C", or class "D" felony shall not be 9 10 waived. The court may order, with the consent of the 9 11 defendant, that the presentence investigation begin prior to 9 12 the acceptance of a plea of guilty, or prior to a verdict of 9 13 guilty. The court may order a presentence investigation when 9 14 the offense is an aggravated misdemeanor. The court may order 9 15 a presentence investigation when the offense is a serious 9 16 misdemeanor only upon a finding of exceptional circumstances 9 17 warranting an investigation. Notwithstanding section 901.3, a 9 18 presentence investigation ordered by the court for a serious 9 19 misdemeanor shall include information concerning only the 9 20 following: 9 21 Sec. 12. NEW SECTION. 901.5A REOPENING OF A SENTENCE. 9 22 1. A defendant sentenced by the court to the custody of 9 23 the director of the department of corrections for an offense 9 24 punishable under section 902.9, subsection 0B, may have the 9 25 judgment and sentence entered under section 901.5 reopened for 9 26 resentencing if the following apply: 9 27 a. The county attorney from the county which prosecuted 9 28 the defendant files a motion to reopen the sentence of the 9 29 defendant based upon the defendant's cooperation in the 9 30 prosecution of other persons. 9 31 b. The court finds the defendant cooperated in the 9 32 prosecution of other persons. 9 33 2. Upon a finding by the court that the defendant 9 34 cooperated in the prosecution of other persons, the court may 9 35 reduce the maximum sentence imposed under the original 10 1 sentencing order by two-thirds. 10 2 3. For purposes of calculating good conduct time under 10 3 section 903A.2, the sentencing date for a defendant whose 10 4 sentence has been reopened under this section shall be the 10 5 date of the original sentencing order. 10 6 4. The filing of a motion or the reopening of a sentence 10 7 under this section shall not constitute grounds to stay any 10 8 other court proceedings, or to toll or restart the time for 10 9 filing of any post-trial motion or any appeal. 10 10 5. The defendant may request appointment of counsel, if 10 11 eligible under section 815.10, prior to and during any 10 12 negotiations and proceedings pursuant to this section. 10 13 Sec. 13. Section 901.10, Code 1999, is amended to read as 10 14 follows: 10 15 901.10IMPOSITIONREDUCTION OFMANDATORY MINIMUM10 16 SENTENCES. 10 17 1. A court sentencing a person for the person's first 10 18 conviction under section 124.406, 124.413, or 902.7 may, at 10 19 its discretion, sentence the person to a term less than 10 20 provided by the statute if mitigating circumstances exist and 10 21 those circumstances are stated specifically in the record. 10 22 2. Notwithstanding subsection 1, if the sentence under 10 23 section 124.413 involves a methamphetamine offense under 10 24 section 124.401, subsection 1, paragraph "a" or "b", the court 10 25 shall not grant any reduction of sentence unless the defendant 10 26 pleads guilty. If the defendant pleads guilty, the court may, 10 27 at its discretion, reduce the mandatory minimum sentence by up 10 28 to one-third. If the defendant additionally cooperates in the 10 29 prosecution of other persons involved in the sale or use of 10 30 controlled substances, and if the prosecutor requests an 10 31 additional reduction in defendant's sentence because of such 10 32 cooperation, the court may grant a further reduction in 10 33 defendant's mandatory minimum sentence, up to one-half of the 10 34 remaining mandatory minimum sentence. 10 35 3. A court sentencing a person for the person's first 11 1 conviction under section 124.401D may, at its discretion, 11 2 sentence the person to a term less than the maximum term 11 3 provided under section 902.9, subsection 0B, if mitigating 11 4 circumstances exist and those circumstances are stated 11 5 specifically in the record. However, the court shall not 11 6 grant any reduction of sentence unless the defendant pleads 11 7 guilty. If the defendant pleads guilty, the court may, at its 11 8 discretion, reduce the maximum sentence by up to one-third. 11 9 If the defendant cooperates in the prosecution of other 11 10 persons involved in the sale or use of controlled substances, 11 11 and if the prosecutor requests an additional reduction in the 11 12 defendant's sentence because of such cooperation, the court 11 13 may grant a further reduction in the defendant's maximum 11 14 sentence. 11 153.4. The state may appeal the discretionary decision on 11 16 the grounds that the stated mitigating circumstances do not 11 17 warrant a reduction of the sentence. 11 18 Sec. 14. Section 902.3, Code 1999, is amended to read as 11 19 follows: 11 20 902.3 INDETERMINATE SENTENCE. 11 21 When a judgment of conviction of a felony other than a 11 22 class "A" felony is entered against a person, the court, in 11 23 imposing a sentence of confinement, shall commit the person 11 24 into the custody of the director of the Iowa department of 11 25 corrections for an indeterminate term, the maximum length of 11 26 which shall not exceed the limits as fixed bysection 707.3 or11 27 section 902.9, unless otherwise prescribed by statute, nor 11 28 shall the term be less than the minimum term imposed by law, 11 29 if a minimum sentence is provided. However, the court may 11 30 sentence a person convicted of a class "D" felony for a 11 31 violation of section 321J.2 to imprisonment for up to one year 11 32 in a county jail under section 902.9, subsection 4, and the 11 33 person shall not be under the custody of the director of the 11 34 Iowa department of corrections. 11 35 Sec. 15. NEW SECTION. 902.8A MINIMUM SENTENCE FOR 12 1 CONSPIRING TO MANUFACTURE OR DELIVERY OF METHAMPHETAMINE TO A 12 2 MINOR. 12 3 A person who has been convicted under section 124.401D 12 4 shall not be eligible for parole until the person has served a 12 5 minimum term of confinement of ten years. 12 6 Sec. 16. Section 902.9, Code 1999, is amended by adding 12 7 the following new subsections: 12 8 NEW SUBSECTION. 0A. A felon sentenced for a second or 12 9 subsequent conviction for a violation of section 124.401D, 12 10 shall be confined for life but shall be eligible for parole. 12 11 NEW SUBSECTION. 0B. A felon sentenced for a first 12 12 conviction for a violation of section 124.401D, shall be 12 13 confined for no more than ninety-nine years. 12 14 Sec. 17. Section 903A.5, unnumbered paragraph 1, Code 12 15 1999, is amended to read as follows: 12 16 An inmate shall not be discharged from the custody of the 12 17 director of the Iowa department of corrections until the 12 18 inmate has served the full term for which the inmate was 12 19 sentenced, less good conduct time earned and not forfeited, 12 20 unless the inmate is pardoned or otherwise legally released. 12 21 Good conduct time earned and not forfeited shall apply to 12 22 reduce a mandatory minimum sentence being served pursuant to 12 23 section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An 12 24 inmate shall be deemed to be serving the sentence from the day 12 25 on which the inmate is received into the institution. 12 26 However, if an inmate was confined to a county jail or other 12 27 correctional or mental facility at any time prior to 12 28 sentencing, or after sentencing but prior to the case having 12 29 been decided on appeal, because of failure to furnish bail or 12 30 because of being charged with a nonbailable offense, the 12 31 inmate shall be given credit for the days already served upon 12 32 the term of the sentence. The sheriff of the county in which 12 33 the inmate was confined shall certify to the clerk of the 12 34 district court from which the inmate was sentenced the number 12 35 of days so served. The clerk of the district court shall 13 1 forward a copy of the certification of the days served to the 13 2 warden. 13 3 Sec. 18. Section 906.5, subsection 1, unnumbered paragraph 13 4 1, Code 1999, is amended to read as follows: 13 5 The board shall establish and implement a plan by which the 13 6 board systematically reviews the status of each person who has 13 7 been committed to the custody of the director of the Iowa 13 8 department of corrections and considers the person's prospects 13 9 for parole or work release. The board at least annually shall 13 10 review the status of a person other than a class "A" felon, a 13 11 class "B" felon serving a sentence of more than twenty-five 13 12 years, or a felon serving an offense punishable under section 13 13 902.9, subsection 0A or 0B, or a felon serving a mandatory 13 14 minimum sentence other than a class "A" felon, and provide the 13 15 person with notice of the board's parole or work release 13 16 decision. 13 17 EXPLANATION 13 18 This bill makes various changes to methamphetamine or 13 19 controlled substance-related crimes. 13 20 PRECURSORS TO METHAMPHETAMINE. The bill amends Code 13 21 section 124.401, subsections 3 and 4, by expanding the list of 13 22 materials that a person may not distribute or possess if the 13 23 person knows that the materials may be used, or intends to use 13 24 them as a precursor to any illegal substance or controlled 13 25 substance. The materials added in this bill are commonly used 13 26 in the production of methamphetamine. A person violating the 13 27 provisions commits either a serious misdemeanor or a class "D" 13 28 felony. 13 29 POSSESSION OF CONTROLLED SUBSTANCES AND METHAMPHETAMINE. 13 30 The bill amends Code section 124.401(5) which relates to 13 31 misdemeanor possession of a controlled substance. The bill 13 32 provides that the court shall impose a minimum two-day jail 13 33 sentence which may be suspended, and shall place the person on 13 34 probation, impose random drug tests as a condition of 13 35 probation, and allow the person's probation officer to place 14 1 the person in jail upon a violation of probation. If the 14 2 controlled substance is methamphetamine, the court may require 14 3 intensive probation which shall include random drug testing, 14 4 and shall allow for the placement of the person in a 14 5 community-based correctional facility by the person's 14 6 probation officer. 14 7 CONSPIRACY TO MANUFACTURE OR DELIVERY TO MINORS. The bill 14 8 creates new Code section 124.401D and makes changes in the 14 9 penalties applicable to a person 18 years of age or older to 14 10 the crimes of conspiring to manufacture for delivery, delivery 14 11 of, and possession with intent to deliver, or conspiracy to 14 12 deliver, methamphetamine to a person under 18 years of age. 14 13 The bill provides that a felony committed under new Code 14 14 section 124.401D, is punishable by a sentence for an 14 15 indeterminate term not to exceed 99 years. The court may 14 16 reduce the person's maximum sentence by one-third if 14 17 mitigating circumstances exist and the person pleads guilty. 14 18 After a finding by the court that mitigating circumstances 14 19 exist, the court may further reduce the remaining maximum 14 20 sentence if the defendant cooperates in the prosecution of 14 21 other persons. The bill provides that a person sentenced 14 22 under new Code section 124.401D must serve a mandatory minimum 14 23 sentence of 10 years of confinement before the person is 14 24 eligible for parole even if the sentence is reduced by 14 25 mitigating circumstances or the court finds the person 14 26 cooperated with the prosecution of others. 14 27 If a person commits a second or subsequent offense of 14 28 conspiracy to manufacture or delivery to a minor, the person 14 29 is sentenced to life in prison with the possibility of parole. 14 30 A person sentenced for a second or subsequent offense is not 14 31 eligible for a reduction in sentence pursuant to section 14 32 901.10. 14 33 The bill also provides the board of parole is not required 14 34 to annually review the status of a person sentenced to 99 14 35 years or sentenced to life with the possibility of parole. 15 1 REOPENING OF A SENTENCE. The bill provides for the 15 2 reopening of a person's 99-year sentence if the person chooses 15 3 to cooperate with the prosecution of another person. If the 15 4 county attorney's office that prosecuted the person files a 15 5 motion to reopen a person's sentence and the court finds the 15 6 person cooperated with the prosecution of another person, the 15 7 person's maximum sentence may be reduced by two-thirds. Only 15 8 a person sentenced to an indeterminate term not to exceed 99 15 9 years is eligible for the reopening of a sentence. 15 10 MANUFACTURE OR DELIVERY OF SMALL AMOUNTS OF 15 11 METHAMPHETAMINE. The bill creates new Code section 124.401E, 15 12 applying certain penalties for the manufacturing or delivery 15 13 of methamphetamine. If a person is convicted of delivery or 15 14 possessing with intent to deliver five grams or less of 15 15 methamphetamine on a first offense, the court has the 15 16 discretion to sentence the person to complete a drug court 15 17 program, if a drug court has been established, to order the 15 18 person into a residential treatment facility, or to assign the 15 19 person to a community-based correctional facility for a period 15 20 of up to one year. If a person is convicted of manufacturing 15 21 five grams or less of methamphetamine, the court may also 15 22 sentence the person to complete a drug court program, or order 15 23 the person into a residential treatment facility or assign the 15 24 person to a community-based correctional facility for a period 15 25 of up to one year. If a person is convicted of delivery of or 15 26 possession with intent to deliver methamphetamine for a second 15 27 or subsequent offense, the person shall serve a mandatory 15 28 prison sentence under sections 124.401 and 124.413 and such 15 29 sentence is determined by the amount of methamphetamine 15 30 involved in the delivery. 15 31 ADULTERATED OR IMPROPERLY LABELED ARTICLES. The bill 15 32 amends Code chapter 189 which applies to a number of chapters 15 33 regulating the safety and effectiveness of commodities and 15 34 products including agricultural products. Code section 189.16 15 35 provides that a person in possession or having control of an 16 1 article which is adulterated or which is improperly labeled as 16 2 required in those chapters is presumed to know that the 16 3 article is adulterated or mislabeled. It provides that a 16 4 person's possession of the article is prima facie evidence of 16 5 an intent to violate the law. The section does not apply to 16 6 grain in possession or control of persons in the grain trade 16 7 (such as grain dealers) or mining materials in possession or 16 8 control of persons in that industry. The bill provides that 16 9 Code chapter 189 also does not apply to persons in possession 16 10 or having control of a controlled substance regulated under 16 11 Code chapter 124. The bill also makes a number of changes in 16 12 Code section 189.16 in order to enhance its readability. 16 13 ANHYDROUS AMMONIA TAMPERING. The bill increases the 16 14 penalty applicable to tampering with anhydrous ammonia 16 15 equipment and illegal possession of anhydrous ammonia from a 16 16 simple misdemeanor to a serious misdemeanor. 16 17 BAIL RESTRICTIONS. The bill restricts a person's ability 16 18 to post a bond upon a conviction of or when appealing most 16 19 felony convictions under sections 124.401 and 124.401D for 16 20 manufacturing, distributing, or possessing with intent to 16 21 manufacture or distribute a controlled substance. However, a 16 22 person convicted of a first offense felony violation of 16 23 section 124.401, subsection 1, paragraph "c", is not subject 16 24 to any bail restrictions. Current law generally permits a 16 25 person awaiting sentencing or appealing a conviction to post a 16 26 bond and remain free pending the final decision in the case. 16 27 GENERAL CRIMINAL PENALTIES. A simple misdemeanor is 16 28 punishable by confinement for no more than 30 days or a fine 16 29 of at least $50 but not more than $100. A serious misdemeanor 16 30 is punishable by confinement for no more than one year and a 16 31 fine of at least $250 but not more than $1,500. An aggravated 16 32 misdemeanor is punishable by confinement for no more than two 16 33 years and a fine of at least $500 but not more than $5,000. A 16 34 class "D" felony is punishable by confinement for no more than 16 35 five years and a fine of at least $500 but not more than 17 1 $7,500. A class "C" felony is punishable by confinement for 17 2 no more than 10 years and a fine of at least $500 but not more 17 3 than $10,000. A class "B" felony is punishable by confinement 17 4 for no more than 25 years. 17 5 LSB 2094YC 78 17 6 jm/sc/14.2
Text: HSB00189 Text: HSB00191 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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