House File 2183 - Introduced
HOUSE FILE
BY WESSEL=KROESCHELL
and BERRY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act repealing certain penalties for controlled substances
2 offenses.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5562YH 81
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PAG LIN
1 1 Section 1. Section 124.401E, subsection 3, Code Supplement
1 2 2005, is amended to read as follows:
1 3 3. If a court sentences a person for the person's second
1 4 or subsequent conviction for delivery or possession with
1 5 intent to deliver a controlled substance under section
1 6 124.401, subsection 1, and the controlled substance is
1 7 amphetamine, its salts, isomers, or salts of its isomers, or
1 8 methamphetamine, its salts, isomers, or salts of its isomers,
1 9 the court, in addition to any other authorized penalties,
1 10 shall sentence the person to imprisonment in accordance with
1 11 section 124.401, subsection 1, and the person shall serve the
1 12 minimum period of confinement as required by section 124.413.
1 13 Sec. 2. Section 124.406, subsection 1, paragraph a, Code
1 14 2005, is amended to read as follows:
1 15 a. Unlawfully distributes or possesses with intent to
1 16 distribute a substance listed in schedule I or II to a person
1 17 under eighteen years of age commits a class "B" felony and
1 18 shall serve a minimum term of confinement of five years.
1 19 However, if the substance was distributed in or on, or within
1 20 one thousand feet of, the real property comprising a public or
1 21 private elementary or secondary school, public park, public
1 22 swimming pool, public recreation center, or on a marked school
1 23 bus, the person shall serve a minimum term of confinement of
1 24 ten years.
1 25 Sec. 3. Section 124.406, subsection 2, paragraph a, Code
1 26 2005, is amended to read as follows:
1 27 a. Unlawfully distributes or possesses with the intent to
1 28 distribute a counterfeit substance listed in schedule I or II,
1 29 or a simulated controlled substance represented to be a
1 30 substance classified in schedule I or II, to a person under
1 31 eighteen years of age commits a class "B" felony. However, if
1 32 the substance was distributed in or on, or within one thousand
1 33 feet of, the real property comprising a public or private
1 34 elementary or secondary school, public park, public swimming
1 35 pool, public recreation center, or on a marked school bus, the
2 1 person shall serve a minimum term of confinement of ten years.
2 2 Sec. 4. Section 232.45, subsection 14, unnumbered
2 3 paragraph 1, Code 2005, is amended to read as follows:
2 4 If a child who is alleged to have delivered, manufactured,
2 5 or possessed with intent to deliver or manufacture, a
2 6 controlled substance except marijuana, as defined in chapter
2 7 124, is waived to district court for prosecution, the
2 8 mandatory minimum sentence provided in section 124.413 shall
2 9 not be imposed if a conviction is had; however, each child
2 10 convicted of such an offense shall be confined for not less
2 11 than thirty days in a secure facility if convicted.
2 12 Sec. 5. Section 901.5, subsection 10, paragraph a, Code
2 13 Supplement 2005, is amended to read as follows:
2 14 a. A controlled substance offense under section 124.401,
2 15 124.401A, 124.402, or 124.403.
2 16 Sec. 6. Section 901.10, subsection 1, Code 2005, is
2 17 amended to read as follows:
2 18 1. A court sentencing a person for the person's first
2 19 conviction under section 124.406, 124.413, or 902.7 may, at
2 20 its discretion, sentence the person to a term less than
2 21 provided by the statute if mitigating circumstances exist and
2 22 those circumstances are stated specifically in the record.
2 23 Sec. 7. Section 901.10, subsection 2, Code 2005, is
2 24 amended by striking the subsection.
2 25 Sec. 8. Section 903A.5, unnumbered paragraph 1, Code 2005,
2 26 is amended to read as follows:
2 27 An inmate shall not be discharged from the custody of the
2 28 director of the Iowa department of corrections until the
2 29 inmate has served the full term for which the inmate was
2 30 sentenced, less earned time and other credits earned and not
2 31 forfeited, unless the inmate is pardoned or otherwise legally
2 32 released. Earned time accrued and not forfeited shall apply
2 33 to reduce a mandatory minimum sentence being served pursuant
2 34 to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
2 35 An inmate shall be deemed to be serving the sentence from the
3 1 day on which the inmate is received into the institution. If
3 2 an inmate was confined to a county jail or other correctional
3 3 or mental facility at any time prior to sentencing, or after
3 4 sentencing but prior to the case having been decided on
3 5 appeal, because of failure to furnish bail or because of being
3 6 charged with a nonbailable offense, the inmate shall be given
3 7 credit for the days already served upon the term of the
3 8 sentence. However, if a person commits any offense while
3 9 confined in a county jail or other correctional or mental
3 10 health facility, the person shall not be granted jail credit
3 11 for that offense. Unless the inmate was confined in a
3 12 correctional facility, the sheriff of the county in which the
3 13 inmate was confined shall certify to the clerk of the district
3 14 court from which the inmate was sentenced and to the
3 15 department of corrections' records administrator at the Iowa
3 16 medical and classification center the number of days so
3 17 served. The department of corrections' records administrator,
3 18 or the administrator's designee, shall apply jail credit as
3 19 ordered by the court of proper jurisdiction or as authorized
3 20 by this section and section 907.3, subsection 3, and shall
3 21 forward a copy of the number of days served to the clerk of
3 22 the district court from which the inmate was sentenced.
3 23 Sec. 9. Sections 124.401A, 124.401C, 124.413, and 902.8A,
3 24 Code 2005, are repealed.
3 25 EXPLANATION
3 26 This bill relates to mandatory minimum penalties for
3 27 certain controlled substances offenses.
3 28 The bill repeals Code section 124.401A, which provides for
3 29 an additional term of confinement of five years if a person is
3 30 convicted of a drug=related offense within 1,000 feet of a
3 31 school, public park, public swimming pool, public recreation
3 32 center, or marked school bus.
3 33 The bill repeals Code section 124.401C, which provides for
3 34 an additional term of confinement of five years if a person
3 35 manufactures methamphetamines in the presence of a minor.
4 1 The bill repeals Code section 124.413 requiring a person,
4 2 if convicted of a controlled substance=related offense under
4 3 Code section 124.401, subsection 1, to serve a minimum term of
4 4 confinement equal to one=third of the maximum sentence.
4 5 The bill repeals Code section 902.8A requiring a person, if
4 6 convicted of an amphetamine or methamphetamine=related offense
4 7 under Code section 124.401D, to serve a minimum term of
4 8 confinement of 10 years.
4 9 LSB 5562YH 81
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