Senate
File
2179
-
Introduced
SENATE
FILE
2179
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3011)
A
BILL
FOR
An
Act
relating
to
penalties
for
the
manufacture,
delivery,
or
1
possession
with
the
intent
to
manufacture
or
deliver
heroin.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5445SV
(1)
89
as/rh
S.F.
2179
Section
1.
Section
124.401,
subsection
1,
paragraph
a,
1
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
2
(1)
More
than
one
kilogram
hundred
grams
of
a
mixture
or
3
substance
containing
a
detectable
amount
of
heroin.
4
Sec.
2.
Section
124.401,
subsection
1,
paragraph
b,
5
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
6
(1)
More
than
one
hundred
five
grams
but
not
more
than
one
7
kilogram
hundred
grams
of
a
mixture
or
substance
containing
a
8
detectable
amount
of
heroin.
9
Sec.
3.
Section
124.401,
subsection
1,
paragraph
c,
10
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
11
(1)
One
hundred
Five
grams
or
less
of
a
mixture
or
substance
12
containing
a
detectable
amount
of
heroin.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
increases
the
penalties
associated
with
the
17
manufacture,
delivery,
or
possession
with
the
intent
to
18
manufacture
or
deliver
heroin.
19
The
bill
provides
that
the
manufacture,
delivery,
or
20
possession
with
the
intent
to
manufacture
or
deliver
more
than
21
100
grams
of
a
mixture
or
substance
containing
a
detectable
22
amount
of
heroin
is
a
class
“B”
felony
and,
notwithstanding
23
Code
section
902.9(1)
(a
class
“B”
felon
shall
be
confined
for
24
no
more
than
25
years)
is
punishable
by
confinement
for
no
more
25
than
50
years
and
a
fine
of
not
more
than
$1
million;
more
than
26
5
grams
but
not
more
than
100
grams
of
a
mixture
or
substance
27
containing
a
detectable
amount
of
heroin
is
a
class
“B”
felony
28
and
is
punishable
by
confinement
for
no
more
than
25
years
and
29
a
fine
of
not
less
than
$5,000
nor
more
than
$100,000;
and
5
30
grams
or
less
of
a
mixture
or
substance
containing
a
detectable
31
amount
of
heroin
is
a
class
“C”
felony
and
is
punishable
by
32
confinement
for
no
more
than
10
years
and
a
fine
of
not
less
33
than
$1,370
nor
more
than
$50,000.
34
Under
Code
section
124.413
(mandatory
minimum
sentence
35
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2179
——
parole
eligibility),
a
person
sentenced
pursuant
to
Code
1
section
124.401(1)(a)
or
(b)
shall
not
be
eligible
for
parole
2
or
work
release
until
the
person
has
served
a
minimum
term
of
3
confinement
of
one-third
of
the
maximum
indeterminate
sentence
4
prescribed
by
law.
However,
a
person
serving
a
sentence
5
pursuant
to
Code
section
124.401(1)(b)
shall
be
denied
parole
6
or
work
release,
based
upon
all
the
pertinent
information
as
7
determined
by
the
court
under
Code
section
901.11(1)
(parole
8
and
work
release
eligibility)
until
the
person
has
served
9
between
one-half
of
the
minimum
term
of
confinement
and
the
10
maximum
indeterminate
sentence
prescribed
by
law.
11
Under
Code
section
811.1
(bail
and
bail
restrictions),
a
12
person
awaiting
judgment
of
conviction
and
sentencing
following
13
a
plea
or
verdict
of
guilty
for
a
violation
of
Code
section
14
124.401(1)(a)
or
(b)
shall
not
be
admitted
to
bail.
15
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