House File 608 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 108)


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

                                      A BILL FOR

  1 An Act defining the term "possession" for purposes of the
  2    criminal law.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2124HV 81
  5 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 124.101, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  24A.  "Possess" or "possession" means as
  1  4 defined in section 702.13A.
  1  5    Sec. 2.  Section 124A.2, Code 2005, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  5.  "Possess" means the same as defined in
  1  8 section 702.13A.
  1  9    Sec. 3.  NEW SECTION.  702.13A  POSSESSION.
  1 10    "Possess" or "possession" means having knowledge of the
  1 11 presence and nature of an object or substance and having
  1 12 either actual or constructive possession of the object or
  1 13 substance.  Possession may be sole or joint.  A person may be
  1 14 in possession of an object or substance without having a
  1 15 proprietary interest in the object or substance or a right to
  1 16 possess the object or substance.
  1 17    1.  A person has "actual possession" when a person has
  1 18 direct physical control of an object or substance on the
  1 19 person or within reach and convenient control.
  1 20    2.  A person has "constructive possession" when a person is
  1 21 not in actual possession, but has knowledge of the presence
  1 22 and nature of an object or substance and has the power and
  1 23 intent to exercise control over the object or substance,
  1 24 either directly or through another person.  Constructive
  1 25 possession may be inferred, and no further proof of knowledge
  1 26 or intent is required, when an object or substance is found in
  1 27 a place exclusively accessible to the person.
  1 28                           EXPLANATION
  1 29    This bill defines the term "possess" or "possession" for
  1 30 purposes of a criminal case to mean having knowledge of the
  1 31 presence and nature of an object or substance and having
  1 32 either actual or constructive possession of the object or
  1 33 substance.  Possession may be sole or joint.  Under the bill,
  1 34 a person may be in possession of an object or substance
  1 35 without having a proprietary interest in the object or
  2  1 substance or a right to possess the object or substance.
  2  2    The bill defines "actual possession" to mean when a person
  2  3 has direct physical control of an object or substance on the
  2  4 person or within reach and convenient control of the person.
  2  5    The bill defines "constructive possession" to mean when a
  2  6 person is not in actual possession, but has knowledge of the
  2  7 presence and nature of an object or substance and has the
  2  8 power and intent to exercise control over the object or
  2  9 substance, either directly or through another person.
  2 10 Constructive possession may be inferred, and no further proof
  2 11 of knowledge or intent is required, when an object or
  2 12 substance is found in a place exclusively accessible to the
  2 13 person.
  2 14 LSB 2124HV 81
  2 15 jm:rj/sh/8.1