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Senate File 101

Partial Bill History

Bill Introduced: S.J. 224
Committee Report Issued: S.J. 230 H.J. 1006 H.J. 1641
Passed House: H.J. 1737
Passed Senate: S.J. 626 S.J. 1342
Signed by Governor: S.J. 1435
Complete Bill History

Bill Text

PAG LIN
  1  1                                    SENATE FILE 101     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE OFFENSE OF PROMOTING OR POSSESSING CONTRABAND
  1  5    IN PRISONS AND DETENTION FACILITIES AND ESTABLISHING
  1  6    PENALTIES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 719.7, Code 1999, is amended by
  1 11 striking the section and inserting in lieu thereof the
  1 12 following:
  1 13    719.7  PROMOTING OR POSSESSING CONTRABAND.
  1 14    1.  "Contraband" includes but is not limited to any of the
  1 15 following:
  1 16    a.  A controlled substance or a simulated or counterfeit
  1 17 controlled substance, hypodermic syringe, or intoxicating
  1 18 beverage.
  1 19    b.  A dangerous weapon, offensive weapon, pneumatic gun,
  1 20 stun gun, firearm ammunition, knife of any length or any other
  1 21 cutting device, explosive or incendiary material, instrument,
  1 22 device, or other material fashioned in such a manner as to be
  1 23 capable of inflicting death or injury.
  1 24    c.  Rope, ladder components, key or key pattern, metal
  1 25 file, instrument, device, or other material designed or
  1 26 intended to facilitate escape of an inmate.
  1 27    2.  The department of corrections may x-ray a person under
  1 28 the control of the department if there is reason to believe
  1 29 that the person is in possession of contraband.  A licensed
  1 30 physician or x-ray technician under the supervision of a
  1 31 licensed physician must x-ray the person.
  1 32    3.  A person commits the offense of possessing contraband
  1 33 if the person, not authorized by law, does any of the
  1 34 following:
  1 35    a.  Knowingly introduces contraband into, or onto the
  2  1 grounds of a correctional institution or institution under the
  2  2 management of the department of corrections.
  2  3    b.  Knowingly conveys contraband to any person confined in
  2  4 a correctional institution or institution under the management
  2  5 of the department of corrections.
  2  6    c.  Knowingly makes, obtains, or possesses contraband while
  2  7 confined in a correctional institution or institution under
  2  8 the management of the department of corrections or while being
  2  9 transported or moved incidental to confinement.
  2 10    4.  A person who possesses contraband or fails to report an
  2 11 offense of possessing contraband commits the following:
  2 12    a.  A class "C" felony for the possession of contraband if
  2 13 the contraband is of the type described in subsection 1,
  2 14 paragraph "b".
  2 15    b.  A class "D" felony for the possession of contraband if
  2 16 the contraband is any other type of contraband.
  2 17    c.  An aggravated misdemeanor for failing to report a known
  2 18 violation or attempted violation of this section to an
  2 19 official or officer at a correctional institution or
  2 20 institution under the management of the department of
  2 21 corrections.
  2 22    5.  Nothing in this section is intended to limit the
  2 23 authority of the administrator of any correctional institution
  2 24 or institution under the management of the department of
  2 25 corrections to prescribe or enforce rules concerning the
  2 26 definition of contraband, and the transportation, making, or
  2 27 possession of substances, devices, instruments, materials, or
  2 28 other items in the institutions.
  2 29    Sec. 2.  Section 719.8, Code 1999, is amended to read as
  2 30 follows:
  2 31    719.8  FURNISHING A CONTROLLED SUBSTANCE OR INTOXICATING
  2 32 BEVERAGE TO INMATES AT A DETENTION FACILITY.
  2 33    A person not authorized by law who furnishes or knowingly
  2 34 makes available a controlled substance or intoxicating
  2 35 beverage to an inmate at a detention facility or correctional
  3  1 institution, or at an institution under the management of the
  3  2 Iowa department of corrections, or who introduces a controlled
  3  3 substance or intoxicating beverage into the premises of such
  3  4 an institution a facility, commits a class "D" felony.  
  3  5 
  3  6 
  3  7                                                             
  3  8                               MARY E. KRAMER
  3  9                               President of the Senate
  3 10 
  3 11 
  3 12                                                             
  3 13                               BRENT SIEGRIST
  3 14                               Speaker of the House
  3 15 
  3 16    I hereby certify that this bill originated in the Senate and
  3 17 is known as Senate File 101, Seventy-eighth General Assembly.
  3 18 
  3 19 
  3 20                                                             
  3 21                               MICHAEL E. MARSHALL
  3 22                               Secretary of the Senate
  3 23 Approved                , 1999
  3 24 
  3 25 
  3 26                               
  3 27 THOMAS J. VILSACK
  3 28 Governor

Text: SF00100                           Text: SF00102
Text: SF00100 - SF00199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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