House
File
526
-
Introduced
HOUSE
FILE
526
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
127)
A
BILL
FOR
An
Act
relating
to
possession
under
the
criminal
law.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
124.101,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
25A.
“Possess”
or
“possession”
means
as
3
defined
in
section
702.13A.
4
Sec.
2.
Section
124A.2,
Code
2011,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
5.
“Possess”
means
the
same
as
defined
in
7
section
702.13A.
8
Sec.
3.
NEW
SECTION
.
702.13A
Possession.
9
“Possess”
or
“possession”
means
having
knowledge
of
the
10
presence
and
nature
of
an
object
or
substance
and
having
either
11
actual
or
constructive
possession
of
the
object
or
substance.
12
Possession
may
be
sole
or
joint.
A
person
may
be
in
possession
13
of
an
object
or
substance
without
having
a
proprietary
interest
14
in
the
object
or
substance
or
a
right
to
possess
the
object
or
15
substance.
16
1.
A
person
has
“actual
possession”
when
a
person
has
direct
17
physical
control
of
an
object
or
substance
on
the
person
or
18
within
reach
and
convenient
control.
19
2.
A
person
has
“constructive
possession”
when
a
person
is
20
not
in
actual
possession,
but
has
knowledge
of
the
presence
21
and
nature
of
an
object
or
substance
and
has
the
power
and
22
intent
to
exercise
control
over
the
object
or
substance,
either
23
directly
or
through
another
person.
Constructive
possession
24
may
be
inferred,
and
no
further
proof
of
knowledge
or
intent
25
is
required,
when
an
object
or
substance
is
found
in
a
place
26
exclusively
accessible
to
the
person.
When
a
person
does
27
not
have
exclusive
access
to
the
place
where
the
object
or
28
substance
is
found,
a
trier
of
fact
may
determine
a
person’s
29
knowledge
and
intent
from
the
totality
of
the
circumstances,
30
including
the
person’s
proximity
to
the
object
or
substance,
31
the
person’s
access
to
the
area
where
it
is
found,
whether
it
32
is
in
plain
view,
any
incriminating
statements
or
actions
by
33
the
person,
whether
the
object
or
substance
is
found
in
or
near
34
the
person’s
belongings,
and
any
other
relevant
circumstances.
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In
the
context
of
possession
of
controlled
substances,
a
trier
1
of
fact
may
also
consider
the
person’s
possession
of
drug
2
paraphernalia
and
evidence
of
recent
drug
use
by
the
person
and
3
any
other
relevant
circumstances.
4
EXPLANATION
5
This
bill
defines
the
term
“possess”
or
“possession”
for
6
purposes
of
a
criminal
case
to
mean
having
knowledge
of
the
7
presence
and
nature
of
an
object
or
substance
and
having
either
8
actual
or
constructive
possession
of
the
object
or
substance.
9
Possession
may
be
sole
or
joint.
Under
the
bill,
a
person
may
10
be
in
possession
of
an
object
or
substance
without
having
a
11
proprietary
interest
in
the
object
or
substance
or
a
right
to
12
possess
the
object
or
substance.
13
The
bill
defines
“actual
possession”
to
mean
when
a
person
14
has
direct
physical
control
of
an
object
or
substance
on
the
15
person
or
within
reach
and
convenient
control
of
the
person.
16
The
bill
defines
“constructive
possession”
to
mean
when
a
17
person
is
not
in
actual
possession,
but
has
knowledge
of
the
18
presence
and
nature
of
an
object
or
substance
and
has
the
power
19
and
intent
to
exercise
control
over
the
object
or
substance,
20
either
directly
or
through
another
person.
Constructive
21
possession
may
be
inferred,
and
no
further
proof
of
knowledge
22
or
intent
is
required,
when
an
object
or
substance
is
found
23
in
a
place
exclusively
accessible
to
the
person.
The
bill
24
provides
that
when
a
person
does
not
have
exclusive
access
25
to
the
place
where
the
object
or
substance
is
found,
a
trier
26
of
fact
may
determine
a
person’s
knowledge
and
intent
from
27
the
totality
of
the
circumstances,
including
the
person’s
28
proximity
to
the
object
or
substance,
the
person’s
access
to
29
the
area
where
it
is
found,
whether
it
is
in
plain
view,
any
30
incriminating
statements
or
actions
by
the
person,
whether
31
the
object
or
substance
is
found
in
or
near
the
person’s
32
belongings,
and
any
other
relevant
circumstances.
In
the
33
context
of
possession
of
controlled
substances,
a
trier
of
fact
34
may
also
consider
the
person’s
possession
of
drug
paraphernalia
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and
evidence
of
recent
drug
use
by
the
person
and
any
other
1
relevant
circumstances.
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