HSB 654 (LSB 6160YC (2) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER)

A BILL FOR

An Act relating to the possession of a controlled substance and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 5, Code 2018, is amended to read as follows:
   5.  a.(1)  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of a class “D” felony.
   (2)  If the controlled substance is marijuana, the punishment shall be by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars, or by both such fine and imprisonment for a first offense. If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 903.1, subsection 1, paragraph “b”. If the controlled substance is marijuana and the person has been previously convicted two or more times of a violation of this subsection in which the controlled substance was marijuana, the person is guilty of an aggravated misdemeanor.
   (3)  Convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this paragraph “a” shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this paragraph “a” and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be considered and counted as a separate previous offense.
   c.  All or any part of a sentence imposed pursuant to this subsection may be suspended and the person placed upon probation upon such terms and conditions as the court may impose including the active participation by such person in a drug treatment, rehabilitation or education program approved by the court.
   d.  If a person commits a violation of this subsection, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. If the person is not sentenced to confinement under the custody of the director of the department of corrections, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
   e.  If the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. The court may place the person on intensive probation. However, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the possession of a controlled substance. 
   Currently, if a person commits a first offense possession of a controlled substance the person commits a serious misdemeanor. If a person commits a second offense possession of a controlled substance and the person has previously been convicted of violating Code chapter 124 (controlled substances), Code chapter 124B (precursor substances), Code chapter 453B (excise tax on unlawful dealing), or Code chapter 124A (imitation controlled substances as it existed on July 1, 2017), the person commits an aggravated misdemeanor. 
   Currently, if a person commits a first offense possession of marijuana, the offense is punishable by imprisonment in the county jail for not more than six months or by a fine of not more than $1,000, or by both. If a person commits a second offense possession of marijuana, the person commits a serious misdemeanor, and if a person commits a third or subsequent offense possession of marijuana, the person commits an aggravated misdemeanor.
   The bill makes convictions or the equivalent of deferred judgments for violations in any other state count as a previous offense if the violation in the other state substantially corresponds with possession of controlled substance violations in this state, thus making a person with a conviction in another state more likely to be subject to enhanced penalties for possession of a controlled substance in this state under Code section 124.401(5), as amended by the bill. The bill specifies that the court shall judicially notice the statutes of other states which define offenses substantially equivalent to possession of a controlled substance.