SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF CORRECTIONS BILL)

A BILL FOR

An Act relating to the criminal offense of possessing contraband at a secure facility and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 719.7, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  A mobile telephone or other hand-held electronic communication device.
   Sec. 2.  Section 719.7, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  (1)  Knowingly Except as provided in subparagraph (2), knowingly introduces contraband into, or onto, the grounds of a secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections.
   (2)  If the contraband is a mobile telephone or other hand-held electronic communication device, a violation of this lettered paragraph occurs if the mobile telephone or other hand-held electronic communication device is knowingly introduced into the secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections.
EXPLANATION
   This bill relates to the criminal offense of possessing contraband in a secure facility.
   A “secure facility” means a secure facility for the detention or custody of juveniles, detention facility, jail, correctional institution, or institution under the management of the department of corrections.
   The bill expands the definition of contraband to include a mobile telephone or other hand-held electronic communication device.
   Under the bill, a person commits the criminal offense of possessing contraband, if the person, not authorized by law, introduces into, or conveys, makes, obtains, or possesses a mobile telephone or other hand-held electronic communication device in, a secure facility. A person who violates this provision commits a class “D” felony.
   The bill and current law provide that if a person fails to report a known possession of contraband violation to an official or officer of a secure facility, the person commits an aggravated misdemeanor.
   A class “D” felony is punishable by up to five years of confinement and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by up to two years in prison and a fine of at least $625 but not to exceed $6,250.