Senate Study Bill 3127 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act modifying the criminal penalties for a controlled 1 substance that contains cocaine base, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5986XC (2) 86 jm/rj

S.F. _____ Section 1. Section 124.401, subsection 1, paragraph a, 1 subparagraph (3), Code 2016, is amended to read as follows: 2 (3) More than fifty one hundred twenty-five grams of a 3 mixture or substance described in subparagraph (2) which 4 contains cocaine base. 5 Sec. 2. Section 124.401, subsection 1, paragraph b, 6 subparagraph (3), Code 2016, is amended to read as follows: 7 (3) More than ten thirty-five grams but not more than 8 fifty one hundred twenty-five grams of a mixture or substance 9 described in subparagraph (2) which contains cocaine base. 10 Sec. 3. Section 124.401, subsection 1, paragraph c, 11 subparagraph (3), Code 2016, is amended to read as follows: 12 (3) Ten Thirty-five grams or less of a mixture or substance 13 described in subparagraph (2) which contains cocaine base. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill modifies the criminal penalties for a controlled 18 substance that contains cocaine base. 19 The bill increases the amounts of controlled substances 20 containing cocaine base (crack cocaine) that determine the 21 criminal penalty for certain offenses. Under the bill, if a 22 person unlawfully manufactures, delivers, or possesses with the 23 intent to deliver a controlled substance containing cocaine 24 base, or unlawfully acts with, enters into a common scheme 25 or design with, or conspires with one or more persons to 26 manufacture, deliver, or possess such a controlled substance, 27 the person commits the following offenses: a class “B” felony 28 punishable by confinement of no more than 50 years and a 29 fine of not more than $1 million if the controlled substance 30 containing cocaine base is more than 125 grams rather than the 31 current 50 grams; a class “B” felony punishable by confinement 32 of no more than 25 years and a fine of not less than $5,000 but 33 not more than $100,000 if the imitation controlled substance 34 is more than 35 grams but not more than 125 grams rather than 35 -1- LSB 5986XC (2) 86 jm/rj 1/ 2

S.F. _____ the current 10 to 50 grams; or a class “C” felony punishable 1 by a fine of not less than $1,000 but not more than $50,000 if 2 the controlled substance containing cocaine base is 35 grams or 3 less rather than the current 10 grams or less. 4 -2- LSB 5986XC (2) 86 jm/rj 2/ 2