Senate Study Bill 1012 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) A BILL FOR An Act relating to the criminal offense of possessing 1 contraband at a secure facility and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1183DP (4) 84 jm/nh
S.F. _____ H.F. _____ Section 1. Section 719.7, subsection 1, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. A mobile telephone or other hand-held 3 electronic communication device. 4 Sec. 2. Section 719.7, subsection 3, paragraph a, Code 2011, 5 is amended to read as follows: 6 a. (1) Knowingly Except as provided in subparagraph 7 (2), knowingly introduces contraband into, or onto, the 8 grounds of a secure facility for the detention or custody of 9 juveniles, detention facility, jail, correctional institution, 10 or institution under the management of the department of 11 corrections. 12 (2) If the contraband is a mobile telephone or other 13 hand-held electronic communication device, a violation of 14 this lettered paragraph occurs if the mobile telephone or 15 other hand-held electronic communication device is knowingly 16 introduced into the secure facility for the detention or 17 custody of juveniles, detention facility, jail, correctional 18 institution, or institution under the management of the 19 department of corrections. 20 EXPLANATION 21 This bill relates to the criminal offense of possessing 22 contraband in a secure facility. 23 A “secure facility” means a secure facility for the 24 detention or custody of juveniles, detention facility, jail, 25 correctional institution, or institution under the management 26 of the department of corrections. 27 The bill expands the definition of contraband to include a 28 mobile telephone or other hand-held electronic communication 29 device. 30 Under the bill, a person commits the criminal offense of 31 possessing contraband, if the person, not authorized by law, 32 introduces into, or conveys, makes, obtains, or possesses a 33 mobile telephone or other hand-held electronic communication 34 device in, a secure facility. A person who violates this 35 -1- LSB 1183DP (4) 84 jm/nh 1/ 2
S.F. _____ H.F. _____ provision commits a class “D” felony. 1 The bill and current law provide that if a person fails 2 to report a known possession of contraband violation to an 3 official or officer of a secure facility, the person commits an 4 aggravated misdemeanor. 5 A class “D” felony is punishable by up to five years of 6 confinement and a fine of at least $750 but not more than 7 $7,500. An aggravated misdemeanor is punishable by up to two 8 years in prison and a fine of at least $625 but not to exceed 9 $6,250. 10 -2- LSB 1183DP (4) 84 jm/nh 2/ 2