House Study Bill 44
SENATE/HOUSE FILE
BY (PROPOSED GOVERNOR'S
OFFICE OF DRUG CONTROL
POLICY BILL)
Passed Senate, Date Passed House, 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:
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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 In addition to any other penalties provided in this
1 6 chapter, a person who is eighteen years of age or older who
1 7 unlawfully manufactures with intent to distribute,
1 8 distributes, or possesses with intent to distribute does any
1 9 of the following may be sentenced up to an additional term of
1 10 confinement of five years:
1 11 1. Manufactures a substance or counterfeit substance
1 12 listed in schedule I, II, or III, or a simulated controlled
1 13 substance represented to be a controlled substance classified
1 14 in schedule I, II, or III, to another person who is eighteen
1 15 years of age or older in or on, or within one thousand feet of
1 16 the real property comprising a public or private elementary or
1 17 secondary school, public park, public swimming pool, public
1 18 recreation center, or on a marked school bus, may be sentenced
1 19 up to an additional term of confinement of five years.
1 20 2. Distributes, or possesses with intent to distribute, a
1 21 substance or counterfeit substance listed in schedule I, II,
1 22 or III, or a simulated controlled substance represented to be
1 23 a controlled substance classified in schedule I, II, or III,
1 24 to another person who is eighteen years of age or older in,
1 25 on, or within one thousand feet of the real property
1 26 comprising a public or private elementary or secondary school,
1 27 public park, public swimming pool, public recreation center,
1 28 or on a marked school bus.
1 29 EXPLANATION
1 30 A person, under this bill, who manufactures a controlled
1 31 substance or counterfeit substance within 1,000 feet of a
1 32 public or private school, public park, public swimming pool,
1 33 public recreation area, or on a marked school bus, may be
1 34 sentenced up to an additional term of confinement of five
1 35 years.
2 1 Current law provides that a person who manufactures a
2 2 controlled substance or counterfeit substance with the intent
2 3 to distribute the substance becomes eligible for the
2 4 additional term of confinement of five years if the
2 5 manufacturing of the substance is within 1,000 feet of a
2 6 public or private school, public park, public swimming pool,
2 7 public recreation area, or on a marked school bus.
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