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
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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
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