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