Senate
Study
Bill
3127
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
modifying
the
criminal
penalties
for
a
controlled
1
substance
that
contains
cocaine
base,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124.401,
subsection
1,
paragraph
a,
1
subparagraph
(3),
Code
2016,
is
amended
to
read
as
follows:
2
(3)
More
than
fifty
one
hundred
twenty-five
grams
of
a
3
mixture
or
substance
described
in
subparagraph
(2)
which
4
contains
cocaine
base.
5
Sec.
2.
Section
124.401,
subsection
1,
paragraph
b,
6
subparagraph
(3),
Code
2016,
is
amended
to
read
as
follows:
7
(3)
More
than
ten
thirty-five
grams
but
not
more
than
8
fifty
one
hundred
twenty-five
grams
of
a
mixture
or
substance
9
described
in
subparagraph
(2)
which
contains
cocaine
base.
10
Sec.
3.
Section
124.401,
subsection
1,
paragraph
c,
11
subparagraph
(3),
Code
2016,
is
amended
to
read
as
follows:
12
(3)
Ten
Thirty-five
grams
or
less
of
a
mixture
or
substance
13
described
in
subparagraph
(2)
which
contains
cocaine
base.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
modifies
the
criminal
penalties
for
a
controlled
18
substance
that
contains
cocaine
base.
19
The
bill
increases
the
amounts
of
controlled
substances
20
containing
cocaine
base
(crack
cocaine)
that
determine
the
21
criminal
penalty
for
certain
offenses.
Under
the
bill,
if
a
22
person
unlawfully
manufactures,
delivers,
or
possesses
with
the
23
intent
to
deliver
a
controlled
substance
containing
cocaine
24
base,
or
unlawfully
acts
with,
enters
into
a
common
scheme
25
or
design
with,
or
conspires
with
one
or
more
persons
to
26
manufacture,
deliver,
or
possess
such
a
controlled
substance,
27
the
person
commits
the
following
offenses:
a
class
“B”
felony
28
punishable
by
confinement
of
no
more
than
50
years
and
a
29
fine
of
not
more
than
$1
million
if
the
controlled
substance
30
containing
cocaine
base
is
more
than
125
grams
rather
than
the
31
current
50
grams;
a
class
“B”
felony
punishable
by
confinement
32
of
no
more
than
25
years
and
a
fine
of
not
less
than
$5,000
but
33
not
more
than
$100,000
if
the
imitation
controlled
substance
34
is
more
than
35
grams
but
not
more
than
125
grams
rather
than
35
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the
current
10
to
50
grams;
or
a
class
“C”
felony
punishable
1
by
a
fine
of
not
less
than
$1,000
but
not
more
than
$50,000
if
2
the
controlled
substance
containing
cocaine
base
is
35
grams
or
3
less
rather
than
the
current
10
grams
or
less.
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