Text: HF02605 Text: HF02607 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 subparagraph (2), unnumbered paragraph 1, Code 2001, is 1 3 amended to read as follows: 1 4 More than five kilograms ofaany compound, mixtureor, 1 5 preparation, or substance containing a detectable amount of 1 6 any of the following: 1 7 Sec. 2. Section 124.401, subsection 1, paragraph a, 1 8 subparagraph (2), subparagraph divisions (a), (b), and (c), 1 9 Code 2001, are amended by striking the subparagraph 1 10 subdivisions. 1 11 Sec. 3. Section 124.401, subsection 1, paragraph a, 1 12 subparagraph (2), subparagraph division (f), Code 2001, is 1 13 amended to read as follows: 1 14 (f) Any compound, mixture, or preparation which contains 1 15 any quantity of any of the substances referred to in 1 16subparagraph subdivisions (a) through (e)this subparagraph 1 17 (2). 1 18 Sec. 4. Section 124.401, subsection 1, paragraph a, 1 19 subparagraph (3), Code 2001, is amended to read as follows: 1 20 (3) More than fifty grams ofaany compound, mixtureor, 1 21 preparation, or substancedescribed in subparagraph (2) which1 22contains cocaine basecontaining a detectable amount of any of 1 23 the following: 1 24 (a) Coca leaves, except coca leaves and extracts of coca 1 25 leaves from which cocaine, ecgonine, and derivatives of 1 26 ecgonine or their salts have been removed. 1 27 (b) Cocaine, its salts, optical and geometric isomers, and 1 28 salts of isomers. 1 29 (c) Ecgonine, its derivatives, their salts, isomers, and 1 30 salts of isomers. 1 31 (d) Cocaine base. 1 32 Sec. 5. Section 124.401, subsection 1, paragraph b, 1 33 subparagraph (2), Code 2001, is amended by striking the 1 34 subparagraph. 1 35 Sec. 6. Section 124.401, subsection 1, paragraph b, 2 1 subparagraph (3), Code 2001, is amended to read as follows: 2 2 (3) More than five grams but not more than fifty grams of 2 3aany compound, mixture, preparation, or substancedescribed2 4in subparagraph (2) which contains cocaine basecontaining a 2 5 detectable amount of any of the following: 2 6 (a) Coca leaves, except coca leaves and extracts of coca 2 7 leaves from which cocaine, ecgonine, and derivatives of 2 8 ecgonine or their salts have been removed. 2 9 (b) Cocaine, its salts, optical and geometric isomers, and 2 10 salts of isomers. 2 11 (c) Ecgonine, its derivatives, their salts, isomers, and 2 12 salts of isomers. 2 13 (d) Cocaine base. 2 14 Sec. 7. Section 124.401, subsection 1, paragraph c, 2 15 subparagraph (2), Code 2001, is amended by striking the 2 16 subparagraph. 2 17 Sec. 8. Section 124.401, subsection 1, paragraph c, 2 18 subparagraph (3), Code 2001, is amended to read as follows: 2 19 (3) Five grams or less ofaany compound, mixture, 2 20 preparation, or substancedescribed in subparagraph (2) which2 21contains cocaine basecontaining a detectable amount of any of 2 22 the following: 2 23 (a) Coca leaves, except coca leaves and extracts of coca 2 24 leaves from which cocaine, ecgonine, and derivatives of 2 25 ecgonine or their salts have been removed. 2 26 (b) Cocaine, its salts, optical and geometric isomers, and 2 27 salts of isomers. 2 28 (c) Ecgonine, its derivatives, their salts, isomers, and 2 29 salts of isomers. 2 30 (d) Cocaine base. 2 31 Sec. 9. Section 232.22, subsection 1, paragraph e, 2 32 subparagraphs (1) and (2), Code Supplement 2001, are amended 2 33 to read as follows: 2 34 (1) A mixture or substance containing cocaine base, also 2 35 known as crack cocaine, and if the act was committed by an 3 1 adult, it would be a violation of section 124.401, subsection 3 2 1, paragraph "a", subparagraph (3), subparagraph subdivision 3 3 (d), paragraph "b", subparagraph (3), subparagraph subdivision 3 4 (d), or paragraph "c", subparagraph (3), subparagraph 3 5 subdivision (d). 3 6 (2) A mixture or substance containing cocaine, its salts, 3 7 optical and geometric isomers, and salts of isomers, and if 3 8 the act was committed by an adult, it would be a violation of 3 9 section 124.401, subsection 1, paragraph "a", subparagraph(2)3 10 (3), subparagraph subdivision (b), paragraph "b", subparagraph 3 11(2)(3), subparagraph subdivision (b), or paragraph "c", 3 12 subparagraph(2)(3), subparagraph subdivision (b). 3 13 EXPLANATION 3 14 This bill relates to the unlawful manufacture, delivery, or 3 15 possession with the intent to manufacture or deliver cocaine 3 16 or substances or counterfeit substances related to cocaine. 3 17 The bill makes uniform criminal penalties for offenses related 3 18 to cocaine substances and cocaine base or "crack cocaine". 3 19 The bill provides that a person who unlawfully 3 20 manufactures, delivers, or possesses with intent to 3 21 manufacture or deliver more than 50 grams of a controlled 3 22 substance related to cocaine, commits a class "B" felony, 3 23 punishable by confinement for no more than 50 years, and a 3 24 fine of not more than $1 million. Under existing law, a 3 25 person who delivers more than five kilograms of cocaine- 3 26 related substances other than cocaine base may be charged with 3 27 a class "B" felony punishable by confinement for no more than 3 28 50 years. 3 29 The bill provides that a person who unlawfully 3 30 manufactures, delivers, or possesses with intent to 3 31 manufacture or deliver more than five grams but not more than 3 32 50 grams of a controlled substance related to cocaine, commits 3 33 a class "B" felony, punishable by confinement for no more than 3 34 25 years, and a fine of not less than $5,000 but not more than 3 35 $100,000. Under existing law, a person who delivers more than 4 1 500 grams but not more than five kilograms of cocaine-related 4 2 substances other than cocaine base may be charged with a class 4 3 "B" felony punishable by confinement for no more than 25 years 4 4 and a fine from $5,000 to $100,000. 4 5 The bill provides that a person who unlawfully 4 6 manufactures, delivers, or possesses with intent to 4 7 manufacture or deliver five grams or less of a controlled 4 8 substance related to cocaine, commits a class "C" felony, 4 9 punishable by confinement for no more than 10 years, and a 4 10 fine of not less than $1,000 but no more than $50,000. Under 4 11 existing law, a person who delivers more than 500 grams or 4 12 less of cocaine-related substances other than cocaine base may 4 13 be charged with a class "C" felony and a fine from $1,000 to 4 14 $50,000. 4 15 LSB 6004HH 79 4 16 jm/hk/91
Text: HF02605 Text: HF02607 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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