House File 572 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


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

                                      A BILL FOR

  1 An Act relating to the unlawful manufacture, delivery, or
  2    possession with intent to manufacture or deliver a substance
  3    or counterfeit substance containing cocaine base.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2188HH 82
  6 jm/es/88

PAG LIN



  1  1    Section 1.  Section 124.401, subsection 1, paragraph a,
  1  2 subparagraph (2), Code 2007, is amended by adding the
  1  3 following new subparagraph subdivision:
  1  4    NEW SUBPARAGRAPH SUBDIVISION.  (e)  Any compound, mixture,
  1  5 or preparation which contains any quantity of any of the
  1  6 substances referred to in subparagraph subdivisions (a)
  1  7 through (c) that contains cocaine base.
  1  8    Sec. 2.  Section 124.401, subsection 1, paragraph a,
  1  9 subparagraph (3), Code 2007, is amended by striking the
  1 10 subparagraph.
  1 11    Sec. 3.  Section 124.401, subsection 1, paragraph b,
  1 12 subparagraph (2), Code 2007, is amended by adding the
  1 13 following new subparagraph subdivision:
  1 14    NEW SUBPARAGRAPH SUBDIVISION.  (e)  Any compound, mixture,
  1 15 or preparation which contains any quantity of any of the
  1 16 substances referred to in subparagraph subdivisions (a)
  1 17 through (c) that contains cocaine base.
  1 18    Sec. 4.  Section 124.401, subsection 1, paragraph b,
  1 19 subparagraph (3), Code 2007, is amended by striking the
  1 20 subparagraph.
  1 21    Sec. 5.  Section 124.401, subsection 1, paragraph c,
  1 22 subparagraph (2), Code 2007, is amended by adding the
  1 23 following new subparagraph subdivision:
  1 24    NEW SUBPARAGRAPH SUBDIVISION.  (e)  Any compound, mixture,
  1 25 or preparation which contains any quantity of any of the
  1 26 substances referred to in subparagraph subdivisions (a)
  1 27 through (c) that contains cocaine base.
  1 28    Sec. 6.  Section 124.401, subsection 1, paragraph c,
  1 29 subparagraph (3), Code 2007, is amended by striking the
  1 30 subparagraph.
  1 31                           EXPLANATION
  1 32    This bill relates to the unlawful manufacture, delivery, or
  1 33 possession with intent to manufacture or deliver a substance
  1 34 or counterfeit substance containing cocaine base, commonly
  1 35 known as crack cocaine.
  2  1    The bill provides that a person who unlawfully
  2  2 manufactures, delivers, or possesses with the intent to
  2  3 manufacture or deliver more than 500 grams of a substance
  2  4 containing cocaine base, commits a class "B" felony,
  2  5 punishable by confinement for no more than 50 years, and a
  2  6 fine of not more than $1 million.  Under existing law, if an
  2  7 offense involves more than 50 grams of a substance containing
  2  8 cocaine base, the person commits a class "B" felony,
  2  9 punishable by confinement for no more than 50 years, and a
  2 10 fine of not more than $1 million.
  2 11    The bill provides that a person who unlawfully
  2 12 manufactures, delivers, or possesses with the intent to
  2 13 manufacture or deliver more than 100 grams but not more than
  2 14 500 grams of a substance containing cocaine base, commits a
  2 15 class "B" felony, punishable by confinement for no more than
  2 16 25 years, and a fine of not less than $5,000 but not more than
  2 17 $100,000.  Under existing law, if an offense involves more
  2 18 than 10 grams but not more than 50 grams of a substance
  2 19 containing cocaine base, the person commits a class "B"
  2 20 felony, punishable by confinement for no more than 25 years,
  2 21 and a fine of not less than $5,000 but not more than $100,000.
  2 22    The bill provides that a person who unlawfully
  2 23 manufactures, delivers, or possesses with the intent to
  2 24 manufacture or deliver 100 grams or less of a substance
  2 25 containing cocaine base, commits a class "C" felony,
  2 26 punishable by confinement for no more than 10 years, and a
  2 27 fine of not less than $1,000 but not more than $15,000.  Under
  2 28 existing law, if an offense involves 10 grams or less of a
  2 29 substance containing cocaine base, the person commits a class
  2 30 "C" felony, punishable by confinement for no more than 10
  2 31 years, and a fine of not less than $1,000 but not more than
  2 32 $15,000.
  2 33 LSB 2188HH 82
  2 34 jm:rj/es/88