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Senate File 298

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 719.7, Code 2003, is amended to read as
  1  2 follows:
  1  3    719.7  POSSESSING CONTRABAND.
  1  4    1.  "Contraband" includes but is not limited to any of the
  1  5 following:
  1  6    a.  A controlled substance or a simulated or counterfeit
  1  7 controlled substance, hypodermic syringe, or intoxicating
  1  8 beverage.
  1  9    b.  A dangerous weapon, offensive weapon, pneumatic gun,
  1 10 stun gun, firearm ammunition, knife of any length or any other
  1 11 cutting device, explosive or incendiary material, instrument,
  1 12 device, or other material fashioned in such a manner as to be
  1 13 capable of inflicting death or injury.
  1 14    c.  Rope, ladder components, key or key pattern, metal
  1 15 file, instrument, device, or other material designed or
  1 16 intended to facilitate escape of an inmate.
  1 17    2.  The sheriff may x-ray a person committed to the jail,
  1 18 or the department of corrections may x-ray a person under the
  1 19 control of the department, if there is reason to believe that
  1 20 the person is in possession of contraband.  A licensed
  1 21 physician or x-ray technician under the supervision of a
  1 22 licensed physician must x-ray the person.
  1 23    3.  A person commits the offense of possessing contraband
  1 24 if the person, not authorized by law, does any of the
  1 25 following:
  1 26    a.  Knowingly introduces contraband into, or onto, the
  1 27 grounds of a secure facility for the detention or custody of
  1 28 juveniles, detention facility, jail, correctional institution,
  1 29 or institution under the management of the department of
  1 30 corrections.
  1 31    b.  Knowingly conveys contraband to any person confined in
  1 32 a secure facility for the detention or custody of juveniles,
  1 33 detention facility, jail, correctional institution, or
  1 34 institution under the management of the department of
  1 35 corrections.
  2  1    c.  Knowingly makes, obtains, or possesses contraband while
  2  2 confined in a secure facility for the detention or custody of
  2  3 juveniles, detention facility, jail, correctional institution,
  2  4 or institution under the management of the department of
  2  5 corrections, or while being transported or moved incidental to
  2  6 confinement.
  2  7    4.  A person who possesses contraband or fails to report an
  2  8 offense of possessing contraband commits the following:
  2  9    a.  A class "C" felony for the possession of contraband if
  2 10 the contraband is of the type described in subsection 1,
  2 11 paragraph "b".
  2 12    b.  A class "D" felony for the possession of contraband if
  2 13 the contraband is any other type of contraband.
  2 14    c.  An aggravated misdemeanor for failing to report a known
  2 15 violation or attempted violation of this section to an
  2 16 official or officer at a secure facility for the detention or
  2 17 custody of juveniles, detention facility, jail, correctional
  2 18 institution, or institution under the management of the
  2 19 department of corrections.
  2 20    5.  Nothing in this section is intended to limit the
  2 21 authority of the administrator of any secure facility for the
  2 22 detention or custody of juveniles, detention facility, jail,
  2 23 correctional institution, or institution under the management
  2 24 of the department of corrections to prescribe or enforce rules
  2 25 concerning the definition of contraband, and the
  2 26 transportation, making, or possession of substances, devices,
  2 27 instruments, materials, or other items in the institutions.
  2 28    Sec. 2.  Section 911.3, subsection 1, paragraph b, Code
  2 29 2003, is amended to read as follows:
  2 30    b.  Section 719.7, 719.8, 725.1, 725.2, or 725.3.  
  2 31                           EXPLANATION
  2 32    This bill expands the definition of the criminal offense of
  2 33 possessing contraband in correctional institutions to include
  2 34 possessing such contraband in a secure facility for the
  2 35 detention or custody of juveniles, a detention facility, or a
  3  1 jail.
  3  2    The bill and current law define contraband to include
  3  3 controlled substances, intoxicating beverages, weapons,
  3  4 explosives, knives, or other cutting devices, or other items
  3  5 that may be fashioned to cause death or injury, or items that
  3  6 may be used to facilitate an escape.
  3  7    Possessing contraband under the bill and in current law is
  3  8 committed when a person without legal authorization to do so
  3  9 attempts to bring contraband into, or makes or possesses
  3 10 contraband within, a correctional institution, secure facility
  3 11 for the detention or custody of juveniles, detention facility,
  3 12 or jail.  If the contraband is a weapon or other item which
  3 13 may be fashioned to cause death or injury, the person commits
  3 14 a class "C" felony.  Any other contraband offense subjects the
  3 15 person to a class "D" felony.
  3 16    The bill and current law also require a person to report
  3 17 the offense of possessing contraband or any attempt of
  3 18 possessing such contraband to an official or officer at the
  3 19 correctional institution, secure facility for the detention or
  3 20 custody of juveniles, detention facility, or jail.  Failure to
  3 21 report is an aggravated misdemeanor.
  3 22    The bill and current law provide that the criminal offense
  3 23 of possessing contraband does not limit the authority of
  3 24 facility administrators to adopt rules regarding the
  3 25 definition of contraband.
  3 26    The bill also authorizes the sheriff to x-ray a person
  3 27 committed to the jail to determine if the person possesses
  3 28 contraband.  Current law authorizes the department of
  3 29 corrections to x-ray a person under the control of the
  3 30 department.
  3 31    The bill provides that a law enforcement initiative
  3 32 surcharge in the amount of $125 shall also be assessed upon a
  3 33 conviction or deferred judgment for possessing contraband
  3 34 under Code section 719.7.  The surcharge is deposited in the
  3 35 general fund of the state.
  4  1    A class "C" felony is punishable by confinement for no more
  4  2 than 10 years and a fine of at least $1,000 but not more than
  4  3 $10,000.  A class "D" felony is punishable by confinement for
  4  4 no more than five years and a fine of at least $750 but not
  4  5 more than $7,500.  An aggravated misdemeanor is punishable by
  4  6 confinement for no more than two years and a fine of at least
  4  7 $500 but not more than $5,000.  
  4  8 LSB 1044SV 80
  4  9 jm/sh/8
     

Text: SF00297                           Text: SF00299
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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