House File 2119 - Introduced HOUSE FILE 2119 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 510) A BILL FOR An Act relating to the possession of contraband in department 1 of corrections facilities, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5449HV (1) 91 as/js
H.F. 2119 Section 1. Section 719.7, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. Any punishment imposed under this 3 section upon an inmate of a correctional institution specified 4 in section 904.102 shall be served consecutively to the 5 sentence being served by the inmate at the time of the 6 violation. 7 Sec. 2. Section 719.7A, Code 2026, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 4A. Any punishment imposed under this 10 section upon an inmate of a correctional institution specified 11 in section 904.102 shall be served consecutively to the 12 sentence being served by the inmate at the time of the 13 violation. 14 Sec. 3. NEW SECTION . 719.7B Restricted or disruptive 15 contraband —— criminal penalties. 16 1. As used in this section, unless the context otherwise 17 requires: 18 a. “Facility” means a county jail, municipal holding 19 facility, or institution under the management of the department 20 of corrections. 21 b. (1) “Restricted or disruptive contraband” means any 22 object, material, substance, or article that is not inherently 23 illegal to possess under the laws of this state but that is 24 prohibited by the facility due to the threat it poses to the 25 order, discipline, or security of the facility, or to the life, 26 health, or safety of an individual. 27 (2) “Restricted or disruptive contraband” includes but is not 28 limited to any of the following: 29 (a) Tobacco, tobacco products, or electronic smoking 30 devices. 31 (b) Money, currency, negotiable instruments, or other items 32 of value. 33 (c) Cellular telephones, electronic communication devices, 34 or any component thereof, unless otherwise prosecuted under 35 -1- LSB 5449HV (1) 91 as/js 1/ 4
H.F. 2119 section 719.7A. 1 (d) Synthetic cannabinoids or synthetic cannabinoid 2 derivatives, whether or not listed as a controlled substance 3 under chapter 124, unless otherwise prosecuted under section 4 719.7. 5 (e) Pornographic or sexually explicit materials as defined 6 by institutional policy. 7 (f) Any other item designated as restricted or disruptive 8 contraband by the facility. 9 2. A person commits the offense of possessing restricted 10 or disruptive contraband under this section if the person, 11 not authorized by law or facility policy, does any of the 12 following: 13 a. Knowingly introduces, supplies, or attempts to supply 14 restricted or disruptive contraband to any person confined in a 15 correctional facility or jail, or to any person confined while 16 being transported or moved incidental to confinement. 17 b. Knowingly makes, obtains, or possesses restricted or 18 disruptive contraband while confined in a correctional facility 19 or jail, or while being transported or moved incidental to 20 confinement. 21 3. A person who possesses restricted or disruptive 22 contraband commits a class “D” felony. 23 4. a. A person commits the offense of failing to report 24 restricted or disruptive contraband when the person fails to 25 report a known violation or attempted violation of this section 26 to an official or officer at a facility. 27 b. A person who violates this subsection commits an 28 aggravated misdemeanor. 29 5. Any punishment imposed under this section upon an inmate 30 of a correctional institution specified in section 904.102 31 shall be served consecutively to the sentence being served by 32 the inmate at the time of the violation. 33 6. A sheriff, a supervising law enforcement agency, or the 34 department of corrections may authorize taking an X ray of a 35 -2- LSB 5449HV (1) 91 as/js 2/ 4
H.F. 2119 person under its control if there is reason to believe that the 1 person is in possession of restricted or disruptive contraband. 2 A licensed physician or x-ray technician under the supervision 3 of a licensed physician shall x-ray the person. 4 7. Nothing in this section is intended to limit the 5 authority of the administrator of any facility to prescribe 6 or enforce rules concerning the definition of restricted or 7 disruptive contraband, and the supplying, making, obtaining, or 8 possession of restricted or disruptive contraband. 9 8. This section shall not be construed to limit or restrict 10 the offenses provided in section 719.7 or 719.7A. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the possession of contraband in 15 department of corrections facilities. 16 The bill provides that any punishment for the possession 17 of contraband by an inmate of a facility under the control of 18 the department of corrections shall be served consecutively 19 to the sentence being served by the inmate at the time of the 20 violation. 21 The bill adds a new category of restricted or disruptive 22 contraband. “Restricted or disruptive contraband” means any 23 object, material, substance, or article that is not inherently 24 illegal to possess under the laws of the state but that is 25 prohibited by the facility due to the threat it poses to the 26 order, discipline, or security of the facility, or to the life, 27 health, or safety of an individual. “Restricted or disruptive 28 contraband” includes but is not limited to tobacco, tobacco 29 products, or electronic smoking devices; money, currency, 30 negotiable instruments, or other items of value; cellular 31 telephones, electronic communication devices, or any component 32 thereof, unless otherwise prosecuted under Code section 719.7A; 33 synthetic cannabinoids or synthetic cannabinoid derivatives, 34 whether or not listed as a controlled substance under Code 35 -3- LSB 5449HV (1) 91 as/js 3/ 4
H.F. 2119 chapter 124, unless otherwise prosecuted under Code section 1 719.7; pornographic or sexually explicit materials as defined 2 by institutional policy; and any other item designated as 3 restricted or disruptive contraband by the facility. 4 The bill authorizes taking an X ray of a person under the 5 control of a facility if there is reason to believe that the 6 person is in possession of restricted or disruptive contraband. 7 A licensed physician or x-ray technician under the supervision 8 of a licensed physician shall x-ray the person. 9 A person who possesses restricted or disruptive contraband 10 commits a class “D” felony. A class “D” felony is punishable 11 by confinement for no more than five years and a fine of at 12 least $1,025 but not more than $10,245. 13 The bill provides that a person commits the offense of 14 failing to report restricted or disruptive contraband when 15 the person fails to report a known violation or attempted 16 violation to an official or officer at a facility. A person 17 who violates this provision commits an aggravated misdemeanor. 18 An aggravated misdemeanor is punishable by confinement for no 19 more than two years and a fine of at least $855 but not more 20 than $8,540. 21 -4- LSB 5449HV (1) 91 as/js 4/ 4