House File 436 - Introduced



                                       HOUSE FILE       
                                       BY  BAUDLER, McCARTHY, and
                                           J.R. VAN FOSSEN


    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 property frequented by children,
  3    and providing for a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2602HH 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    1.  In Except as otherwise provided in subsection 2, and in
  1  6 addition to any other penalties provided in this chapter, a
  1  7 person who is eighteen years of age or older who unlawfully
  1  8 manufactures with intent to distribute, distributes, or
  1  9 possesses with intent to distribute a substance or counterfeit
  1 10 substance listed in schedule I, II, or III, or a simulated
  1 11 controlled substance represented to be a controlled substance
  1 12 classified in schedule I, II, or III, to another person who is
  1 13 eighteen years of age or older in or on, or within one
  1 14 thousand feet of the real property comprising a public or
  1 15 private elementary or secondary school, public park, public
  1 16 swimming pool, public recreation center, or on a marked school
  1 17 bus, may be sentenced up to an additional term of confinement
  1 18 of five years.
  1 19    2.  A person who is eighteen years of age or older who
  1 20 unlawfully manufactures methamphetamine, its salts, isomers,
  1 21 or salts of its isomers within one thousand feet of the real
  1 22 property comprising a public or private elementary or
  1 23 secondary school, public park, public swimming pool, public
  1 24 recreation center, or on a marked school bus, may be sentenced
  1 25 up to an additional term of confinement of five years in
  1 26 addition to any other penalty in this chapter.
  1 27                           EXPLANATION
  1 28    A person, under this bill, who manufactures methamphetamine
  1 29 within 1,000 feet of a public or private school, public park,
  1 30 public swimming pool, public recreation area, or on a marked
  1 31 school bus, may be sentenced up to an additional term of
  1 32 confinement of five years.
  1 33    Current law provides that a person who manufactures
  1 34 methamphetamine or any other controlled substance or
  1 35 counterfeit substance with the intent to distribute the
  2  1 substance becomes eligible for the additional term of
  2  2 confinement of five years if the manufacturing of the
  2  3 substance is within 1,000 feet of a public or private school,
  2  4 public park, public swimming pool, public recreation area, or
  2  5 on a marked school bus.
  2  6 LSB 2602HH 81
  2  7 jm:nh/pj/5