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PAG LIN 1 1 Section 1. Section 124.401, subsection 5, unnumbered 1 2 paragraph 5, Code 2001, is amended to read as follows: 1 3 If the controlled substance is amphetamine, its salts, 1 4 isomers, or salts of its isomers,ormethamphetamine, its 1 5 salts, isomers, or salts of its isomers, cocaine, or heroin, 1 6 the court shall order the person to serve a term of 1 7 imprisonment of not less than forty-eight hours. Any sentence 1 8 imposed may be suspended, and the court shall place the person 1 9 on probation upon such terms and conditions as the court may 1 10 impose. The court may place the person on intensive 1 11 probation. However, the terms and conditions of probation 1 12 shall require submission to random drug testing. If the 1 13 person fails a drug test, the court may transfer the person's 1 14 placement to any appropriate placement permissible under the 1 15 court order. 1 16 Sec. 2. Section 124.401D, Code 2001, is amended to read as 1 17 follows: 1 18 124.401D CONSPIRACY TO MANUFACTURE FOR DELIVERY OR 1 19 DELIVERY OR INTENT OR CONSPIRACY TO DELIVER AMPHETAMINE,OR1 20 METHAMPHETAMINE, COCAINE, OR HEROIN TO A MINOR. 1 21 1. It is unlawful for a person eighteen years of age or 1 22 older to act with, or enter into a common scheme or design 1 23 with, or conspire with one or more persons to manufacture for 1 24 delivery to a person under eighteen years of age a material, 1 25 compound, mixture, preparation, or substance that contains any 1 26 detectable amount of amphetamine, its salts, isomers, or salts 1 27 of its isomers,ormethamphetamine, its salts, isomers, or 1 28 salts of its isomers, cocaine, or heroin. 1 29 A violation of this subsection is a felony punishable under 1 30 section 902.9, subsection 1. A second or subsequent violation 1 31 of this subsection is a class "A" felony. 1 32 2. It is unlawful for a person eighteen years of age or 1 33 older to deliver, or possess with the intent to deliver to a 1 34 person under eighteen years of age, a material, compound, 1 35 mixture, preparation, or substance that contains any 2 1 detectable amount of amphetamine, its salts, isomers, or salts 2 2 of its isomers,ormethamphetamine, its salts, isomers, or 2 3 salts of its isomers, cocaine, or heroin, or to act with, or 2 4 enter into a common scheme or design with, or conspire with 2 5 one or more persons to deliver or possess with the intent to 2 6 deliver to a person under eighteen years of age a material, 2 7 compound, mixture, preparation, or substance that contains any 2 8 detectable amount of amphetamine, its salts, isomers, or salts 2 9 of its isomers,ormethamphetamine, its salts, isomers, or 2 10 salts of its isomers, cocaine, or heroin. 2 11 A violation of this subsection is a felony punishable under 2 12 section 902.9, subsection 1. A second or subsequent violation 2 13 of this subsection is a class "A" felony. 2 14 Sec. 3. Section 124.401E, Code 2001, is amended to read as 2 15 follows: 2 16 124.401E CERTAIN PENALTIES FOR MANUFACTURING OR DELIVERY 2 17 OF AMPHETAMINE,ORMETHAMPHETAMINE, COCAINE, OR HEROIN. 2 18 1. If a court sentences a person for the person's first 2 19 conviction for delivery or possession with intent to deliver a 2 20 controlled substance under section 124.401, subsection 1, 2 21 paragraph "c", and if the controlled substance is amphetamine, 2 22 its salts, isomers, or salts of its isomers,or2 23 methamphetamine, its salts, isomers, or salts of its isomers, 2 24 cocaine, or heroin, the court may suspend the sentence, and 2 25 the court may order the person to complete a drug court 2 26 program if a drug court has been established in the county in 2 27 which the person is sentenced or order the person to be 2 28 assigned to a community-based correctional facility for a 2 29 period of one year or until maximum benefits are achieved, 2 30 whichever is earlier. 2 31 2. If a court sentences a person for a conviction of 2 32 manufacturing of a controlled substance under section 124.401, 2 33 subsection 1, paragraph "c", and if the controlled substance 2 34 is amphetamine, its salts, isomers, or salts of its isomers, 2 35ormethamphetamine, its salts, isomers, or salts of its 3 1 isomers, cocaine, or heroin, the court may suspend the 3 2 sentence, and the court may order the person to complete a 3 3 drug court program if a drug court has been established in the 3 4 county in which the person is sentenced, or order the person 3 5 to be assigned to a community-based correctional facility for 3 6 a period of one year or until maximum benefits are achieved, 3 7 whichever is earlier. 3 8 3. If a court sentences a person for the person's second 3 9 or subsequent conviction for delivery or possession with 3 10 intent to deliver a controlled substance under section 3 11 124.401, subsection 1, and the controlled substance is 3 12 amphetamine, its salts, isomers, or salts of its isomers,or3 13 methamphetamine, its salts, isomers, or salts of its isomers, 3 14 cocaine, or heroin, the court, in addition to any other 3 15 authorized penalties, shall sentence the person to 3 16 imprisonment in accordance with section 124.401, subsection 1, 3 17 and the person shall serve the minimum period of confinement 3 18 as required by section 124.413. 3 19 Sec. 4. Section 901.10, subsection 2, Code 2001, is 3 20 amended to read as follows: 3 21 2. Notwithstanding subsection 1, if the sentence under 3 22 section 124.413 involves an amphetamine,ormethamphetamine, 3 23 cocaine, or heroin offense under section 124.401, subsection 3 24 1, paragraph "a" or "b", the court shall not grant any 3 25 reduction of sentence unless the defendant pleads guilty. If 3 26 the defendant pleads guilty, the court may, at its discretion, 3 27 reduce the mandatory minimum sentence by up to one-third. If 3 28 the defendant additionally cooperates in the prosecution of 3 29 other persons involved in the sale or use of controlled 3 30 substances, and if the prosecutor requests an additional 3 31 reduction in the defendant's sentence because of such 3 32 cooperation, the court may grant a further reduction in the 3 33 defendant's mandatory minimum sentence, up to one-half of the 3 34 remaining mandatory minimum sentence. 3 35 EXPLANATION 4 1 This bill makes various changes to cocaine-related and 4 2 heroin-related crimes. 4 3 The bill amends Code section 124.401, subsection 5, which 4 4 relates to misdemeanor possession of a controlled substance. 4 5 The bill provides that the court shall impose for a cocaine or 4 6 heroin offense a minimum two-day jail sentence which may be 4 7 suspended, and shall place the person on probation, impose 4 8 random drug tests as a condition of probation, and allow the 4 9 person's probation officer to place the person in jail upon a 4 10 violation of probation. If the controlled substance is 4 11 cocaine or heroin, the court may require intensive probation 4 12 which shall include random drug testing. 4 13 The bill amends Code section 124.401D and makes changes in 4 14 the penalties applicable to a person 18 years of age or older 4 15 to the crimes of conspiring to manufacture for delivery, 4 16 delivery of, and possession with intent to deliver, or 4 17 conspiracy to deliver, cocaine or heroin to a person under 18 4 18 years of age. The bill provides that a felony committed under 4 19 Code section 124.401D is punishable by a sentence for an 4 20 indeterminate term not to exceed 99 years. The court may 4 21 reduce the person's maximum sentence by one-third if 4 22 mitigating circumstances exist and the person pleads guilty. 4 23 After a finding by the court that mitigating circumstances 4 24 exist, the court may further reduce the remaining maximum 4 25 sentence if the defendant cooperates in the prosecution of 4 26 other persons. The bill provides that a person sentenced 4 27 under Code section 124.401D must serve a mandatory minimum 4 28 sentence of 10 years of confinement before the person is 4 29 eligible for parole even if the sentence is reduced by 4 30 mitigating circumstances or the court finds the person 4 31 cooperated with the prosecution of others. If a person 4 32 commits a second or subsequent offense of conspiracy to 4 33 manufacture or deliver to a minor, the person commits a class 4 34 "A" felony. 4 35 The bill amends Code section 124.401E applying certain 5 1 penalties for the manufacturing or delivery of cocaine or 5 2 heroin. If a person is convicted of delivery or possessing 5 3 with intent to deliver 500 grams or less of cocaine or 100 5 4 grams or less of heroin on a first offense, the court has the 5 5 discretion to sentence the person to complete a drug court 5 6 program, if a drug court has been established, or to assign 5 7 the person to a community-based correctional facility for a 5 8 period of up to one year. If a person is convicted of 5 9 manufacturing 500 grams or less of cocaine or 100 grams or 5 10 less of heroin, the court may also sentence the person to 5 11 complete a drug court program, or assign the person to a 5 12 community-based correctional facility for a period of up to 5 13 one year. If a person is convicted of delivery of or 5 14 possession with intent to deliver cocaine or heroin for a 5 15 second or subsequent offense, the person shall serve a 5 16 mandatory prison sentence under Code sections 124.401 and 5 17 124.413 and such sentence is determined by the amount of 5 18 cocaine or heroin involved in the delivery. 5 19 The bill restricts a person's ability to post a bond upon a 5 20 conviction of or when appealing a felony conviction for 5 21 manufacturing, distributing, or possessing with intent to 5 22 manufacture or distribute cocaine or heroin. Current law 5 23 generally permits a person awaiting sentencing or appealing a 5 24 conviction to post a bond and remain free pending the final 5 25 decision in the case. 5 26 A serious misdemeanor is punishable by confinement for no 5 27 more than one year and a fine of at least $250 but not more 5 28 than $1,500. An aggravated misdemeanor is punishable by 5 29 confinement for no more than two years and a fine of at least 5 30 $500 but not more than $5,000. A class "D" felony is 5 31 punishable by confinement for no more than five years and a 5 32 fine of at least $750 but not more than $7,500. A class "C" 5 33 felony is punishable by confinement for no more than 10 years 5 34 and a fine of at least $1,000 but not more than $10,000. A 5 35 class "B" felony is punishable by confinement for no more than 6 1 25 years. A class "A" felony is punishable by confinement for 6 2 life without the possibility of parole. 6 3 LSB 1032YH 79 6 4 jm/cf/24
Text: HF00050 Text: HF00052 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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