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House File 51

Partial Bill History

Bill Text

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, or methamphetamine, 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, OR
  1 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, or methamphetamine, 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, or methamphetamine, 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, or methamphetamine, 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, OR METHAMPHETAMINE, 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, or
  2 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 35 or methamphetamine, 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, or
  3 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, or methamphetamine,
  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
     

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