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
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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
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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
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