Text: HSB00676 Text: HSB00678 Text: HSB00600 - HSB00699 Text: HSB 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), Code 2001, is amended by adding the 1 3 following new subparagraph subdivision: 1 4 NEW SUBPARAGRAPH SUBDIVISION. (g) 3,4- 1 5 methylenedioxymethamphetamine (MDMA), its salts, isomers, or 1 6 salts of isomers. 1 7 Sec. 2. Section 124.401, subsection 1, paragraph b, Code 1 8 2001, is amended by adding the following new subparagraph: 1 9 NEW SUBPARAGRAPH. (9) More than ten grams but not more 1 10 than five kilograms of 3,4-methylenedioxymethamphetamine 1 11 (MDMA), its salts, isomers, or salts of isomers, or any 1 12 compound, mixture or preparation which contains any quantity 1 13 of detectable amount of MDMA, its salts, isomers, or salts of 1 14 isomers. 1 15 Sec. 3. Section 124.401, subsection 1, paragraph c, Code 1 16 2001, is amended by adding the following new subparagraph: 1 17 NEW SUBPARAGRAPH. (7A) Ten grams or less of 3,4- 1 18 methylenedioxymethamphetamine (MDMA), its salts, isomers, or 1 19 salts of isomers, or any compound, mixture or preparation 1 20 which contains any quantity of detectable amount of MDMA, its 1 21 salts, isomers, or salts of isomers. 1 22 Sec. 4. Section 124.401, subsection 4, unnumbered 1 23 paragraph 1, Code 2001, is amended to read as follows: 1 24 A person who possesses any product containing any of the 1 25 following commits a class "D" felony, if the person possesses 1 26 with the intentto use the productthat the product be used to 1 27 manufacture any controlled substance: 1 28 Sec. 5. Section 124.409, subsection 1, Code 2001, is 1 29 amended by striking the subsection. 1 30 Sec. 6. Section 321J.2, subsection 3, paragraph a, 1 31 subparagraph (3), Code 2001, is amended by striking the 1 32 subparagraph. 1 33 Sec. 7. Section 462A.14, subsection 3, paragraph a, 1 34 subparagraph (3), Code 2001, is amended by striking the 1 35 subparagraph. 2 1 Sec. 8. Section 711.3, Code 2001, is amended to read as 2 2 follows 2 3 711.3 ROBBERY IN THE SECOND DEGREE. 2 4 All robbery which is not robbery in the first degree is 2 5 robbery in the second degree, except as provided in section 2 6 711.3A. Robbery in the second degree is a class "C" felony. 2 7 Sec. 9. NEW SECTION. 711.3A ROBBERY IN THE THIRD DEGREE. 2 8 A person commits robbery in the third degree when, while 2 9 perpetrating a robbery, the person commits an assault 2 10 punishable as a simple misdemeanor under section 708.2. 2 11 Robbery in the third degree is a class "D" felony. 2 12 Sec. 10. Section 713.6A, subsection 2, Code Supplement 2 13 2001, is amended to read as follows: 2 14 2. Burglary in the third degree involving a burglary of an 2 15 unoccupied motor vehicle or motor truck as defined in section 2 16 321.1, or a vessel defined in section 462A.2, is an aggravated 2 17 misdemeanor for a first offense.A second or subsequentIf 2 18 the person has a prior conviction under thissectionchapter, 2 19 the offense is punishable under subsection 1. 2 20 Sec. 11. Section 713.6B, subsection 2, Code Supplement 2 21 2001, is amended to read as follows: 2 22 2. Attempted burglary in the third degree involving an 2 23 attempted burglary of an unoccupied motor vehicle or motor 2 24 truck as defined in section 321.1, or a vessel defined in 2 25 section 462A.2, is a serious misdemeanor for a first offense. 2 26A second or subsequentIf the person has a prior conviction 2 27 under thissectionchapter, the offense is punishable under 2 28 subsection 1. 2 29 Sec. 12. NEW SECTION. 901.11 DEFERRED JUDGMENTS 2 30 PREVIOUS OFFENSES FOR PURPOSES OF ENHANCEMENT. 2 31 In determining if an offense is a second or subsequent 2 32 offense for purposes of sentencing, the following shall apply: 2 33 1. A deferred judgment entered pursuant to section 907.3 2 34 for the same offense shall be counted as a previous offense. 2 35 2. A conviction or the equivalent of a deferred judgment 3 1 for a violation in any other state under a statute 3 2 substantially corresponding to the offense shall be counted as 3 3 a previous offense. The courts shall judicially notice the 3 4 statutes of other states which define offenses substantially 3 5 equivalent to those defined in the Code and can therefore be 3 6 considered corresponding statutes. Each previous offense for 3 7 which conviction or deferral of judgment was entered prior to 3 8 the date of the violation charged shall be considered and 3 9 counted as a separate previous offense. 3 10 Sec. 13. Section 902.3A, subsection 1, unnumbered 3 11 paragraph 1, Code Supplement 2001, is amended to read as 3 12 follows: 3 13 Notwithstanding section 902.3, when a conviction for a 3 14 class "D" felony is entered against a person, the court, at 3 15 its discretion, in imposing a sentence of confinement pursuant 3 16 to section 901.5, may commit the person into the custody of 3 17 the director of the Iowa department of corrections for a 3 18 determinate term of less than the maximum length of the 3 19 sentence prescribed by section 902.9, subsection 5, if3 20mitigating circumstances exist and those circumstances are3 21stated specifically on the record. 3 22 Sec. 14. Section 902.3A, subsection 1, paragraph e, Code 3 23 Supplement 2001, is amended to read as follows: 3 24 e. This section does not apply to an offense classified as 3 25 a forcible felony, a felony under section 321J.2,felonies in3 26chapters 707, 708, and 709, a person sentenced as a habitual3 27offender, felonies listed in section 901A.1,or felonies 3 28 listed in section 902.12, or a felony committed by a person on3 29parole or work release, or while in the custody of the3 30director of the department of corrections. 3 31 Sec. 15. Section 902.3A, subsection 3, Code Supplement 3 32 2001, is amended by striking the subsection. 3 33 Sec. 16. Section 907.3, subsection 1, paragraph c, Code 3 34 2001, is amended to read as follows: 3 35 c. Prior to the commission of the offense the defendant 4 1 had been granted a deferred judgment or similar relief, two or4 2more timesanywhere in the United States. 4 3 Sec. 17. Section 907.3, subsection 1, paragraph d, Code 4 4 2001, is amended by striking the paragraph. 4 5 Sec. 18. Section 907.3, subsection 1, paragraph g, 4 6 subparagraph (3), Code 2001, is amended by striking the 4 7 subparagraph. 4 8 Sec. 19. 2001 Iowa Acts, chapter 186, section 6, 4 9 subsection 6, is amended by striking the subsection. 4 10 Sec. 20. EFFECTIVE DATE. The section of this Act amending 4 11 2001 Iowa Acts, chapter 186, section 6, subsection 6, being 4 12 deemed of immediate importance, takes effect upon enactment. 4 13 EXPLANATION 4 14 This bill makes changes to criminal definitions, 4 15 enhancements, and penalties, and provides an effective date. 4 16 The amendments to Code section 124.401(1) provide that a 4 17 person who conspires to manufacture for delivery, delivers or 4 18 conspires to deliver, or possesses with the intent to deliver 4 19 the drug 3,4-methylenedioxymethamphetamine (MDMA) or "ecstasy" 4 20 commits what is commonly referred to as a super class "B" 4 21 felony if the amount of MDMA is greater than 5 kilograms. A 4 22 person commits a class "B" felony if the amount of MDMA is 4 23 more than 10 grams but not more than 5 kilograms. If the 4 24 amount of MDMA is 10 grams or less, the person commits a class 4 25 "C" felony. Current law provides that a person commits a 4 26 class "C" felony, regardless of the quantity of MDMA involved 4 27 in the criminal activity. 4 28 The amendment to Code section 124.401(4) makes changes to 4 29 the crime of possession of drug-making materials. The bill 4 30 provides that a person who possesses certain products with the 4 31 intent that the product be used to manufacture a controlled 4 32 substance commits a class "D" felony. Current law provides 4 33 that the person possess the product with the intent to use the 4 34 product to manufacture a controlled substance. 4 35 The amendment to Code section 124.409 eliminates the 5 1 ability of a defendant to receive a conditional discharge of a 5 2 sentence for first offense for either possession of a 5 3 controlled substance pursuant to Code section 124.401(5) or an 5 4 accommodation offense pursuant to Code section 124.410. A 5 5 conditional discharge under Code section 124.409(1) generally 5 6 permits the court, upon a plea or conviction of guilt, to 5 7 defer entering judgment of guilt and place the defendant on 5 8 probation. If the defendant violates probation, the court may 5 9 enter an adjudication of guilt and sentence the defendant. If 5 10 the defendant fulfills the terms of probation, the court shall 5 11 dismiss the proceedings against the defendant without an 5 12 adjudication of guilt. 5 13 The amendment to Code section 711.3 and new Code section 5 14 711.3A creates a new criminal offense of robbery in the third 5 15 degree. The bill provides that a person commits robbery in 5 16 the third degree if the person, having the intent to commit a 5 17 theft, commits a simple misdemeanor assault to assist or 5 18 further the commission of the intended theft. 5 19 The amendments to Code sections 713.6A and 713.6B provide 5 20 that a person who commits burglary or attempted burglary in 5 21 the third degree involving an unoccupied vehicle or boat 5 22 commits a class "D" felony if the person has a previous 5 23 burglary conviction. Current law provides that a person 5 24 commits a class "D" felony if the person has a previous 5 25 burglary in the third degree conviction, otherwise the person 5 26 commits an aggravated misdemeanor. 5 27 New Code section 901.11 relates to counting previous 5 28 criminal offenses for purposes of determining whether a 5 29 current criminal offense is a second or subsequent offense. 5 30 In determining whether a criminal offense is a second or 5 31 subsequent offense, the bill provides that a deferred judgment 5 32 and convictions or deferred judgments incurred in another 5 33 state count as a previous offense. 5 34 The amendment to Code section 902.3A(1) removes the 5 35 requirement that the court must find mitigating circumstances 6 1 in determining whether a person should be sentenced to a 6 2 determinate sentence pursuant to Code section 902.3A. 6 3 The amendment to Code section 902.3A(1)(e) permits the 6 4 following class "D" felons to be sentenced to a determinate 6 5 term: habitual offenders, violators of Code chapters 707 6 6 through 709, persons sentenced under Code chapter 901A, or 6 7 persons who commit an offense while in prison or on parole or 6 8 work release. 6 9 The amendment to Code section 902.3A(3) enhances the 6 10 organization and readability of the Code section. 6 11 The amendments to Code chapter 907 provide that a defendant 6 12 may only receive one deferred judgment. Current law provides 6 13 that a defendant under certain circumstances may receive two 6 14 deferred judgments. 6 15 The amendment to 2001 Iowa Acts, chapter 186, section 6, 6 16 eliminates certain restrictions placed on drug courts 6 17 established during the 2001-2002 state fiscal year. The 6 18 restrictions eliminated by the bill require drug courts to be 6 19 offered only to persons who have been convicted of a crime and 6 20 to give priority to felons over misdemeanants. This provision 6 21 takes effect upon enactment. 6 22 LSB 6627HC 79 6 23 jm/pj/5
Text: HSB00676 Text: HSB00678 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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