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PAG LIN 1 1 Section 1. Section 124.406, Code 1999, is amended to read 1 2 as follows: 1 3 124.406 DISTRIBUTION TO PERSON UNDER AGE EIGHTEEN. 1 4 1. A person who is eighteen years of age or older who: 1 5 a. Unlawfully distributes or possesses with intent to 1 6 distribute a substance listed in schedule I or II except 1 7 methamphetamine, its salts, isomers, or salts of its isomers, 1 8 or analogs of methamphetamine to a person under eighteen years 1 9 of age commits a class "B" felony and shall serve a minimum 1 10 term of confinement of five years. However, if the substance 1 11 was distributed in or on, or within one thousand feet of, the 1 12 real property comprising a public or private elementary or 1 13 secondary school, public park, public swimming pool, public 1 14 recreation center, or on a marked school bus, the person shall 1 15 serve a minimum term of confinement of ten years. 1 16 b. Unlawfully distributes or possesses with the intent to 1 17 distribute a controlled substance listed in schedule III to a 1 18 person under eighteen years of age who is at least three years 1 19 younger than the violator commits a class "C" felony. 1 20 c. Unlawfully distributes a controlled substance listed in 1 21 schedule IV or V to a person under eighteen years of age who 1 22 is at least three years younger than the violator commits an 1 23 aggravated misdemeanor. 1 24 2. A person who is eighteen years of age or older who: 1 25 a. Unlawfully distributes or possesses with the intent to 1 26 distribute a counterfeit substance listed in schedule I or II, 1 27 except methamphetamine, its salts, isomers, or salts of its 1 28 isomers, or analogs of methamphetamine, or a simulated 1 29 controlled substance represented to be a substance classified 1 30 in schedule I or II, except methamphetamine, its salts, 1 31 isomers, or salts of its isomers, or analogs of 1 32 methamphetamine to a person under eighteen years of age 1 33 commits a class "B" felony. However, if the substance was 1 34 distributed in or on, or within one thousand feet of, the real 1 35 property comprising a public or private elementary or 2 1 secondary school, public park, public swimming pool, public 2 2 recreation center, or on a marked school bus, the person shall 2 3 serve a minimum term of confinement of ten years. 2 4 b. Unlawfully distributes or possesses with intent to 2 5 distribute a counterfeit substance listed in schedule III, or 2 6 a simulated controlled substance represented to be any 2 7 substance listed in schedule III, to a person under eighteen 2 8 years of age who is at least three years younger than the 2 9 violator commits a class "C" felony. 2 10 c. Unlawfully distributes a counterfeit substance listed 2 11 in schedule IV or V, or a simulated controlled substance 2 12 represented to be a substance listed in schedule IV or V, to a 2 13 person under eighteen years of age who is at least three years 2 14 younger than the violator commits an aggravated misdemeanor. 2 15 3. It is unlawful for a person to deliver a controlled 2 16 substance to another person in order to act with, enter into a 2 17 common scheme or design with, conspire with, or recruit the 2 18 other person for the purpose of delivering a controlled 2 19 substance to one or more persons under eighteen years of age. 2 20 A person who violates this subsection with respect to a 2 21 controlled substance classified in schedule I, II, III, IV, or 2 22 V, except methamphetamine, its salts, isomers, or salts of its 2 23 isomers, or analogs of methamphetamine is guilty of a class 2 24 "D" felony. 2 25 Sec. 2. Section 124.413, Code 1999, is amended by adding 2 26 the following new subsection: 2 27 NEW SUBSECTION. 3. The controlled substance is 2 28 methamphetamine, its salts, isomers, or salts of its isomers, 2 29 or analogs of methamphetamine. 2 30 Sec. 3. Section 811.1, subsections 1 and 2, Code 2 31 Supplement 1999, are amended to read as follows: 2 32 1. A defendant awaiting judgment of conviction and 2 33 sentencing following either a plea or verdict of guilty of a 2 34 class "A" felony, murder, any class "B" felony included in 2 35 section 707.6A; felonious assault; felonious child 3 1 endangerment; sexual abuse in the second degree; sexual abuse 3 2 in the third degree; kidnapping; robbery in the first degree; 3 3 arson in the first degree; burglary in the first degree; any 3 4 felony included in section 124.401, subsection 1, paragraph 3 5 "a" or "b"; or a second or subsequent offense under section 3 6 124.401, subsection 1, paragraph "c"; or any felony offense 3 7 involving methamphetamine, its salts, isomers, or salts of its 3 8 isomers, or analogs of methamphetamine under section 124.401; 3 9 or any felony punishable under section 902.9, subsection 1. 3 10 2. A defendant appealing a conviction of a class "A" 3 11 felony; murder; any class "B" or "C" felony included in 3 12 section 707.6A; felonious assault; felonious child 3 13 endangerment; sexual abuse in the second degree; sexual abuse 3 14 in the third degree; kidnapping; robbery in the first degree; 3 15 arson in the first degree; burglary in the first degree; any 3 16 felony included in section 124.401, subsection 1, paragraph 3 17 "a" or "b"; or a second or subsequent conviction under section 3 18 124.401, subsection 1, paragraph "c"; or any felony offense 3 19 involving methamphetamine, its salts, isomers, or salts of its 3 20 isomers, or analogs of methamphetamine under section 124.401; 3 21 or any felony punishable under section 902.9, subsection 1. 3 22 Sec. 4. Section 901.10, subsection 2, Code Supplement 3 23 1999, is amended by striking the subsection. 3 24 Sec. 5. Section 902.12, Code 1999, is amended to read as 3 25 follows: 3 26 902.12 MINIMUM SENTENCE FOR CERTAIN FELONIES – 3 27 ELIGIBILITY FOR PAROLE OR WORK RELEASE. 3 28 1. Except as otherwise provided in section 903A.2, a 3 29 person serving a sentence for conviction of the following 3 30 forcible felonies shall serve one hundred percent of the 3 31 maximum term of the person's sentence and shall not be 3 32 released on parole or work release: 3 331.a. Murder in the second degree in violation of section 3 34 707.3. 3 352.b. Attempted murder in violation of section 707.11. 4 13.c. Sexual abuse in the second degree in violation of 4 2 section 709.3. 4 34.d. Kidnapping in the second degree in violation of 4 4 section 710.3. 4 55.e. Robbery in the first or second degree in violation 4 6 of section 711.2 or 711.3. 4 7 2. Except as otherwise provided in section 903A.2, a 4 8 person serving a sentence for conviction under section 707.6A, 4 9 subsection 1 or 2, shall serve one hundred percent of the 4 10 maximum term of the person's sentence and shall not be 4 11 released on parole or work release if the person was also 4 12 convicted under section 321.261, subsection 3, based on the 4 13 same facts or event that resulted in the conviction under 4 14 section 707.6A, subsection 1 or 2. 4 15 3. Except as otherwise provided in section 903A.2, a 4 16 person serving a sentence for conviction under section 124.401 4 17 shall serve one hundred percent of the maximum term of the 4 18 person's sentence and shall not be released on parole or work 4 19 release if the conviction involved the unlawful manufacture, 4 20 delivery, or possession with intent to manufacture or deliver 4 21 methamphetamine, its salts, isomers, or salts of isomers, or 4 22 analogs of methamphetamine, or any compound, mixture, or 4 23 preparation which contains any quantity or detectable amount 4 24 of methamphetamine, its salts, isomers, or salts of isomers, 4 25 or analogs of methamphetamine. 4 26 Sec. 6. Section 907.3, subsection 1, paragraph k, Code 4 27 Supplement 1999, is amended to read as follows: 4 28 k. The offense is a violation of section 124.401, 4 29 subsection 1, paragraph "a",or"b", or "c", and the 4 30 controlled substance is methamphetamine. 4 31 Sec. 7. Section 907.3, subsection 2, paragraph e, Code 4 32 Supplement 1999, is amended to read as follows: 4 33 e. The offense is a violation of section 124.401, 4 34 subsection 1, paragraph "a",or"b", or "c", and the 4 35 controlled substance is methamphetamine. 5 1 Sec. 8. Section 124.401E, Code Supplement 1999, is 5 2 repealed. 5 3 EXPLANATION 5 4 This bill relates to the criminal penalties applicable to 5 5 certain offenses, by making changes to the penalties 5 6 applicable to certain methamphetamine offenses. 5 7 The bill also provides that a person who is sentenced for 5 8 the offense of manufacturing, delivery, or possession with the 5 9 intent to manufacture or deliver methamphetamine, shall serve 5 10 a sentence that is subject to the maximum accumulation of good 5 11 conduct time of 15 percent of the total sentence or commonly 5 12 known as an 85 percent sentence. A person shall not receive a 5 13 deferred or suspended sentence under this bill. 5 14 The bill does not apply to a person who manufactures with 5 15 the intent to deliver, delivers, or possesses with the intent 5 16 to deliver methamphetamine to a minor under new Code section 5 17 124.401D if the prosecutor chooses to proceed under Code 5 18 section 124.401D. A person who is convicted of a first 5 19 offense under 124.401D shall serve a 99-year sentence, and for 5 20 a second or subsequent offense, a person shall serve a life 5 21 sentence. 5 22 The bill also excepts methamphetamine offenses out of Code 5 23 section 124.406 which relates to distribution of a controlled 5 24 substance to persons under the age of 18. Under the bill, if 5 25 a person distributes methamphetamine to a person under the age 5 26 of 18, the person may be prosecuted under Code section 124.401 5 27 (85 percent sentence) or 124.401D (99-year sentence for a 5 28 first offense or a life sentence for a second or subsequent 5 29 offense). 5 30 If a person is convicted under Code section 124.401 for 5 31 manufacturing, delivery, or possession with the intent to 5 32 manufacture or deliver five kilograms or more of 5 33 methamphetamine, the person commits a class "B" felony 5 34 punishable by confinement for up to 50 years. If the amount 5 35 of methamphetamine is more than five grams but less than five 6 1 kilograms the person commits a class "B" felony punishable by 6 2 confinement for up to 25 years. If the amount of 6 3 methamphetamine is five grams or less, the person commits a 6 4 class "C" felony. A class "C" felony is punishable by 6 5 confinement for no more than 10 years and a fine of at least 6 6 $1,000 but not more than $10,000. 6 7 LSB 5950XS 78 6 8 jm/cf/24.1
Text: SF02224 Text: SF02226 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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