House Study Bill 127 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) 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 TLSB 2672HC (2) 84 jm/rj

H.F. _____ 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. 35 -1- LSB 2672HC (2) 84 jm/rj 1/ 3

H.F. _____ 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 35 -2- LSB 2672HC (2) 84 jm/rj 2/ 3

H.F. _____ and evidence of recent drug use by the person and any other 1 relevant circumstances. 2 -3- LSB 2672HC (2) 84 jm/rj 3/ 3