Senate File 2288 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


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

                                      A BILL FOR

  1 An Act modifying penalties for criminal offenses related to
  2    opiates and opium derivatives.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6372XS 82
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 124.413, Code 2007, is amended to read
  1  2 as follows:
  1  3    124.413  MANDATORY MINIMUM SENTENCE.
  1  4    1.  A Except as provided in subsection 2, a person
  1  5 sentenced pursuant to section 124.401, subsection 1, paragraph
  1  6 "a", "b", "c", "e", or "f", shall not be eligible for parole
  1  7 until the person has served a minimum period of confinement of
  1  8 one=third of the maximum indeterminate sentence prescribed by
  1  9 law.
  1 10    2.  A person sentenced pursuant to section 124.401,
  1 11 subsection 1, paragraph "c", for a violation involving a
  1 12 controlled substance that is an opiate or opium derivative as
  1 13 listed in section 124.204, subsection 2 or 3, the person shall
  1 14 not be eligible for parole until the person has served a
  1 15 minimum period of confinement of two=thirds of the maximum
  1 16 indeterminate sentence prescribed by law.
  1 17    3.  This section shall not apply if:
  1 18    1. a.  The offense is found to be an accommodation pursuant
  1 19 to section 124.410; or.
  1 20    2. b.  The controlled substance is marijuana.
  1 21                           EXPLANATION
  1 22    This bill modifies penalties for criminal offenses related
  1 23 to opiates and opium derivatives.
  1 24    The bill increases the mandatory minimum sentence for a
  1 25 person convicted of unlawful manufacture, delivery, or
  1 26 possession with the intent to manufacture or deliver, or
  1 27 conspiring to manufacture, deliver, or possess with the intent
  1 28 to manufacture or deliver, an opiate or opium derivative
  1 29 substance.  Under the bill, a person sentenced for an opiate
  1 30 or opium derivative related offense, shall not be eligible for
  1 31 parole until the person has served a minimum period of
  1 32 confinement of two=thirds of the maximum indeterminate
  1 33 sentence prescribed by law.
  1 34    Current law provides that the person shall serve a minimum
  1 35 period of confinement of one=third of the maximum
  2  1 indeterminate sentence.
  2  2    Under current law, a person who commits a violation of an
  2  3 offense applicable under the bill commits a class "C" felony
  2  4 as provided in Code section 124.401(1)(c).  In addition, under
  2  5 current law pursuant to Code section 901.10, a judge may
  2  6 sentence the person, for a first violation, to a term less
  2  7 than the maximum period of confinement if mitigating
  2  8 circumstances exist.
  2  9    A class "C" felony is punishable by confinement for no more
  2 10 than 10 years and a fine of at least $1,000 but not more than
  2 11 $10,000.
  2 12 LSB 6372XS 82
  2 13 jm/nh/8