Senate Study Bill 3011 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 5445XC (3) 89 as/rh
S.F. _____ 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 -1- LSB 5445XC (3) 89 as/rh 1/ 2
S.F. _____ —— 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 -2- LSB 5445XC (3) 89 as/rh 2/ 2