House File 2642 - Introduced



                                    HOUSE FILE       
                                    BY  COMMITTEE ON PUBLIC SAFETY

                                    (SUCCESSOR TO HF 778)
                                    (SUCCESSOR TO HSB 46)


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

                                      A BILL FOR

  1 An Act expanding the criminal offense of possessing contraband in
  2    correctional institutions to include possessing contraband in
  3    a secure facility for the detention or custody of juveniles, a
  4    detention facility, or a jail, and providing a penalty.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6558HV 81
  7 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 719.7, Code 2005, is amended to read as
  1  2 follows:
  1  3    719.7  POSSESSING CONTRABAND.
  1  4    1.  "Contraband" includes but is not limited to any of the
  1  5 following:
  1  6    a.  A controlled substance or a simulated or counterfeit
  1  7 controlled substance, hypodermic syringe, or intoxicating
  1  8 beverage.
  1  9    b.  A dangerous weapon, offensive weapon, pneumatic gun,
  1 10 stun gun, firearm ammunition, knife of any length or any other
  1 11 cutting device, explosive or incendiary material, instrument,
  1 12 device, or other material fashioned in such a manner as to be
  1 13 capable of inflicting death or injury.
  1 14    c.  Rope, ladder components, key or key pattern, metal
  1 15 file, instrument, device, or other material designed or
  1 16 intended to facilitate escape of an inmate.
  1 17    2.  The department of corrections may x=ray a person under
  1 18 the control of the department A person committed to a secure
  1 19 facility for the detention or custody of juveniles, a
  1 20 detention facility, a jail, a correctional institution, or an
  1 21 institution under the management of the department of
  1 22 corrections, may be submitted to an x=ray examination by the
  1 23 facility or institution if there is reason to believe that the
  1 24 person is in possession of contraband.  A licensed physician
  1 25 or x=ray technician under the supervision of a licensed
  1 26 physician must x=ray the person.
  1 27    3.  A person commits the offense of possessing contraband
  1 28 if the person, not authorized by law, does any of the
  1 29 following:
  1 30    a.  Knowingly introduces contraband into, or onto, the
  1 31 grounds of a secure facility for the detention or custody of
  1 32 juveniles, detention facility, jail, correctional institution,
  1 33 or institution under the management of the department of
  1 34 corrections.
  1 35    b.  Knowingly conveys contraband to any person confined in
  2  1 a secure facility for the detention or custody of juveniles,
  2  2 detention facility, jail, correctional institution, or
  2  3 institution under the management of the department of
  2  4 corrections.
  2  5    c.  Knowingly makes, obtains, or possesses contraband while
  2  6 confined in a secure facility for the detention or custody of
  2  7 juveniles, detention facility, jail, correctional institution,
  2  8 or institution under the management of the department of
  2  9 corrections, or while being transported or moved incidental to
  2 10 confinement.
  2 11    4.  A person who possesses contraband or fails to report an
  2 12 offense of possessing contraband commits the following:
  2 13    a.  A class "C" felony for the possession of contraband if
  2 14 the contraband is of the type described in subsection 1,
  2 15 paragraph "b".
  2 16    b.  A class "D" felony for the possession of contraband if
  2 17 the contraband is any other type of contraband.
  2 18    c.  An aggravated misdemeanor for failing to report a known
  2 19 violation or attempted violation of this section to an
  2 20 official or officer at a secure facility for the detention or
  2 21 custody of juveniles, detention facility, jail, correctional
  2 22 institution, or institution under the management of the
  2 23 department of corrections.
  2 24    5.  Nothing in this section is intended to limit the
  2 25 authority of the administrator of any secure facility for the
  2 26 detention or custody of juveniles, detention facility, jail,
  2 27 correctional institution, or institution under the management
  2 28 of the department of corrections to prescribe or enforce rules
  2 29 concerning the definition of contraband, and the
  2 30 transportation, making, or possession of substances, devices,
  2 31 instruments, materials, or other items in the institutions.
  2 32    6.  As used in this section, "jail" means a county or
  2 33 municipal jail.
  2 34    Sec. 2.  Section 911.3, subsection 1, paragraph b, Code
  2 35 2005, is amended to read as follows:
  3  1    b.  Section 719.7, 719.8, 725.1, 725.2, or 725.3.
  3  2                           EXPLANATION
  3  3    This bill expands the definition of the criminal offense of
  3  4 possessing contraband in correctional institutions to include
  3  5 possessing such contraband in a secure facility for the
  3  6 detention or custody of juveniles, a detention facility, or a
  3  7 jail.
  3  8    Contraband is defined to include controlled substances,
  3  9 intoxicating beverages, weapons, explosives, knives, or other
  3 10 cutting devices, or other items that may be fashioned to cause
  3 11 death or injury, or items that may be used to facilitate an
  3 12 escape.
  3 13    Possessing contraband under the bill and in current law is
  3 14 committed when a person without legal authorization to do so
  3 15 attempts to bring contraband into, or makes or possesses
  3 16 contraband within, a correctional institution, secure facility
  3 17 for the detention or custody of juveniles, detention facility,
  3 18 or jail.  If the contraband is a weapon or other item which
  3 19 may be fashioned to cause death or injury, the person commits
  3 20 a class "C" felony.  Any other contraband offense subjects the
  3 21 person to a class "D" felony.
  3 22    The bill requires a person to report the offense of
  3 23 possessing contraband or any attempt of possessing such
  3 24 contraband to an official or officer at a secure facility for
  3 25 the detention or custody of juveniles, detention facility, or
  3 26 jail.  Current law requires the same reporting requirement at
  3 27 correctional institutions.  Failure to report is an aggravated
  3 28 misdemeanor.
  3 29    Under the bill, a person committed to a secure facility for
  3 30 the custody of juveniles, a detention facility, a jail, or a
  3 31 correctional institution may be required to submit to an x=ray
  3 32 examination by the facility or institution.  Current law
  3 33 authorizes the department of corrections to x-ray a person
  3 34 under the control of the department.
  3 35    The bill provides that a law enforcement initiative
  4  1 surcharge in the amount of $125 shall also be assessed upon a
  4  2 conviction or deferred judgment for possessing contraband
  4  3 under Code section 719.7.  The surcharge is deposited in the
  4  4 general fund of the state.
  4  5    A class "C" felony is punishable by confinement for no more
  4  6 than 10 years and a fine of at least $1,000 but not more than
  4  7 $10,000.  A class "D" felony is punishable by confinement for
  4  8 no more than five years and a fine of at least $750 but not
  4  9 more than $7,500.  An aggravated misdemeanor is punishable by
  4 10 confinement for no more than two years and a fine of at least
  4 11 $500 but not more than $5,000.
  4 12 LSB 6558HV 81
  4 13 jm:rj/sh/8