House File 254 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HSB 44)


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

                                      A BILL FOR

  1 An Act relating to the manufacturing of a controlled substance or
  2    counterfeit substance near certain property, and providing for
  3    a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1122HV 81
  6 jm/pj/5

PAG LIN



  1  1    Section 1.  Section 124.401A, Code 2005, is amended to read
  1  2 as follows:
  1  3    124.401A  ENHANCED PENALTY FOR MANUFACTURE OR DISTRIBUTION
  1  4 TO PERSONS ON CERTAIN REAL PROPERTY.
  1  5    In addition to any other penalties provided in this
  1  6 chapter, a person who is eighteen years of age or older who
  1  7 unlawfully manufactures with intent to distribute,
  1  8 distributes, or possesses with intent to distribute does any
  1  9 of the following may be sentenced up to an additional term of
  1 10 confinement of five years:
  1 11    1.  Manufactures a substance or counterfeit substance
  1 12 listed in schedule I, II, or III, or a simulated controlled
  1 13 substance represented to be a controlled substance classified
  1 14 in schedule I, II, or III, to another person who is eighteen
  1 15 years of age or older in or on, or within one thousand feet of
  1 16 the real property comprising a public or private elementary or
  1 17 secondary school, public park, public swimming pool, public
  1 18 recreation center, religious institution, or on a marked
  1 19 school bus, may be sentenced up to an additional term of
  1 20 confinement of five years.
  1 21    2.  Distributes, or possesses with intent to distribute, a
  1 22 substance or counterfeit substance listed in schedule I, II,
  1 23 or III, or a simulated controlled substance represented to be
  1 24 a controlled substance classified in schedule I, II, or III,
  1 25 to another person who is eighteen years of age or older in,
  1 26 on, or within one thousand feet of the real property
  1 27 comprising a public or private elementary or secondary school,
  1 28 public park, public swimming pool, public recreation center,
  1 29 religious institution, or on a marked school bus.
  1 30    3.  As used in this section, "religious institution" means
  1 31 a building in which an active congregation is devoted to
  1 32 worship.
  1 33                           EXPLANATION
  1 34    A person, under this bill, who manufactures a controlled
  1 35 substance or simulated or counterfeit substance within 1,000
  2  1 feet of a public or private school, public park, public
  2  2 swimming pool, public recreation area, or religious
  2  3 institution as defined in the bill, or on a marked school bus,
  2  4 may be sentenced up to an additional term of confinement of
  2  5 five years.  The bill also provides for the additional
  2  6 confinement of five years if a person distributes or possesses
  2  7 with intent to distribute a controlled substance or simulated
  2  8 or counterfeit substance within 1,000 feet of a religious
  2  9 institution.
  2 10    Current law provides that a person who manufactures a
  2 11 controlled substance or counterfeit substance with the intent
  2 12 to distribute the substance becomes eligible for the
  2 13 additional term of confinement of five years if the
  2 14 manufacturing of the substance is within 1,000 feet of a
  2 15 public or private school, public park, public swimming pool,
  2 16 or public recreation area, or on a marked school bus.
  2 17 LSB 1122HV 81
  2 18 jm:rj/pj/5