Text: HSB00676                          Text: HSB00678
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 677

Bill Text

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 intent to use the product that 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 subsequent If
  2 18 the person has a prior conviction under this section chapter,
  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 26 A second or subsequent If the person has a prior conviction
  2 27 under this section chapter, 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, if
  3 20 mitigating circumstances exist and those circumstances are
  3 21 stated 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 in
  3 26 chapters 707, 708, and 709, a person sentenced as a habitual
  3 27 offender, felonies listed in section 901A.1, or felonies
  3 28 listed in section 902.12, or a felony committed by a person on
  3 29 parole or work release, or while in the custody of the
  3 30 director 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 or
  4  2 more times anywhere 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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