House File 2067

                                       HOUSE FILE       
                                       BY  SWAIM


                                       (COMPANION TO LSB 5206SS
                                        BY McKIBBEN)

    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to receiving a precursor substance or possessing
  2    a product to be used in the unlawful manufacture of a
  3    controlled substance.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5206HH 80
  6 jm/sh/8

PAG LIN

  1  1    Section 1.  Section 124.401, subsection 4, unnumbered
  1  2 paragraph 1, Code Supplement 2003, is amended to read as
  1  3 follows:
  1  4    A person who possesses any product containing any of the
  1  5 following commits a class "D" felony, if the person possesses
  1  6 with the intent to use the product that the product be used to
  1  7 manufacture any controlled substance:
  1  8    Sec. 2.  Section 124B.9, subsection 2, Code 2003, is
  1  9 amended to read as follows:
  1 10    2.  A person who receives a precursor substance with the
  1 11 intent to use the that the substance be used unlawfully to
  1 12 manufacture a controlled substance commits a class "C" felony.
  1 13                           EXPLANATION
  1 14    This bill relates to possessing a product or receiving a
  1 15 precursor substance to be used in the unlawful manufacture of
  1 16 a controlled substance.
  1 17    The bill changes the definition of the criminal offense of
  1 18 possessing a product for use in the unlawful manufacture of a
  1 19 controlled substance.  The bill provides that it is unlawful
  1 20 for a person to possess any product listed in Code section
  1 21 124.401(4) with the intent the product be used to unlawfully
  1 22 manufacture a controlled substance.  Current law provides that
  1 23 it is unlawful to possess any product listed in Code section
  1 24 124.401(4) with the intent to use the product to unlawfully
  1 25 manufacture a controlled substance.  A person who unlawfully
  1 26 possesses such product commits a class "D" felony.
  1 27    The bill changes the definition of the criminal offense of
  1 28 receiving a precursor substance with the intent to unlawfully
  1 29 manufacture a controlled substance.  The bill provides that it
  1 30 is unlawful for a person to receive a precursor substance
  1 31 listed in Code section 124B.2 with the intent the substance be
  1 32 used to unlawfully manufacture a controlled substance.
  1 33 Current law provides that it is unlawful to receive a
  1 34 precursor substance with the intent to use the substance
  1 35 unlawfully to manufacture a controlled substance.  A person
  2  1 who unlawfully receives a precursor substance commits a class
  2  2 "C" felony.
  2  3 LSB 5206HH 80
  2  4 jm/sh/8