House File 621 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 436) 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 2602HV 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.InExcept 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, religious 1 17 institution, or on a marked school bus, may be sentenced up to 1 18 an additional term of confinement 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, religious institution, or on a marked 1 25 school bus, may be sentenced up to an additional term of 1 26 confinement of five years in addition to any other penalty in 1 27 this chapter. 1 28 3. As used in this section, "religious institution" means 1 29 a building in which an active congregation is devoted to 1 30 worship. 1 31 EXPLANATION 1 32 A person, under this bill, who unlawfully manufactures with 1 33 intent to distribute, distributes, or possesses with intent to 1 34 distribute a substance or counterfeit substance to another 1 35 person within 1,000 feet of a religious institution as defined 2 1 in the bill may be sentenced up to an additional term of 2 2 confinement of five years. 2 3 A person, under the bill, who manufactures methamphetamine, 2 4 regardless of intent to distribute methamphetamine, within 2 5 1,000 feet of a public or private school, public park, public 2 6 swimming pool, public recreation area, or religious 2 7 institution as defined in the bill, or on a marked school bus, 2 8 may be sentenced up to an additional term of confinement of 2 9 five years. 2 10 Current law applies the additional term of confinement to 2 11 manufacturing with the intent to distribute, distributing, or 2 12 possessing with the intent to distribute a controlled 2 13 substance or counterfeit substance within 1,000 feet of a 2 14 public or private elementary or secondary school, public park, 2 15 public swimming pool, public recreation center, or on a marked 2 16 school bus. 2 17 LSB 2602HV 81 2 18 jm:nh/pj/5