SSB 3127 (LSB 5986XC (2) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS)

A BILL FOR

An Act modifying the criminal penalties for a controlled substance that contains cocaine base, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraph a, subparagraph (3), Code 2016, is amended to read as follows:
   (3)  More than fifty one hundred twenty-five grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
    Sec. 2.  Section 124.401, subsection 1, paragraph b, subparagraph (3), Code 2016, is amended to read as follows:
   (3)  More than ten thirty-five grams but not more than fifty one hundred twenty-five grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
    Sec. 3.  Section 124.401, subsection 1, paragraph c, subparagraph (3), Code 2016, is amended to read as follows:
   (3)  Ten Thirty-five grams or less of a mixture or substance described in subparagraph (2) which contains cocaine base.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the criminal penalties for a controlled substance that contains cocaine base.
   The bill increases the amounts of controlled substances containing cocaine base (crack cocaine) that determine the criminal penalty for certain offenses. Under the bill, if a person unlawfully manufactures, delivers, or possesses with the intent to deliver a controlled substance containing cocaine base, or unlawfully acts with, enters into a common scheme or design with, or conspires with one or more persons to manufacture, deliver, or possess such a controlled substance, the person commits the following offenses: a class “B” felony punishable by confinement of no more than 50 years and a fine of not more than $1 million if the controlled substance containing cocaine base is more than 125 grams rather than the current 50 grams; a class “B” felony punishable by confinement of no more than 25 years and a fine of not less than $5,000 but not more than $100,000 if the imitation controlled substance is more than 35 grams but not more than 125 grams rather than the current 10 to 50 grams; or a class “C” felony punishable by a fine of not less than $1,000 but not more than $50,000 if the controlled substance containing cocaine base is 35 grams or less rather than the current 10 grams or less.