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