House Study Bill 705 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN) A BILL FOR An Act establishing drug-free homeless service zones, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6885YC (2) 91 as/js

H.F. _____ Section 1. NEW SECTION . 716.15 Drug-free homeless service 1 zones. 2 1. A person commits a violation of this section if the 3 person intentionally or knowingly does any of the following: 4 a. The person is present within a drug-free homeless service 5 zone and sells or transfers or attempts to sell or transfer a 6 controlled substance. 7 b. The person operates or has authority to enforce the 8 policies and requirements of a facility-based drug-free 9 homeless service zone that primarily serves homeless 10 individuals and that receives state, local, or federal funding, 11 and the person allows an individual accessing services to 12 possess or use a controlled substance on the premises of the 13 facility. 14 2. An offense under subsection 1, paragraph “a” , is 15 punishable as the same class of criminal violation for which 16 the offense would be punishable under existing law had the 17 violation not occurred within a drug-free homeless service 18 zone, except that the presumptive, minimum, and maximum 19 sentence for the offense shall be increased by one year. 20 The additional sentence imposed under this subsection is in 21 addition to any enhanced punishment that may be applicable 22 under subsection 4. Notwithstanding any other law to the 23 contrary, a person convicted under this section is not eligible 24 for a deferred judgment, a deferred or suspended sentence, 25 probation, or work release. 26 3. A person who violates subsection 1, paragraph “b” , is 27 guilty of an aggravated misdemeanor. 28 4. An operator of a facility-based drug-free homeless 29 service zone who violates subsection 1, paragraph “b” , is 30 ineligible to apply for homelessness assistance grants from the 31 state for a period of three years from the date of conviction. 32 5. In addition to any other penalty, a person convicted 33 of an offense under this title shall be punished by a fine of 34 not less than two thousand dollars or three times the value 35 -1- LSB 6885YC (2) 91 as/js 1/ 4

H.F. _____ as determined by the court of the drugs involved in or giving 1 rise to the offense, whichever is greater. No fine under 2 this subsection shall be suspended, in part or whole, for any 3 reason. 4 6. Each operator of a facility-based service that primarily 5 serve homeless individuals shall place and maintain permanently 6 affixed signs located in a conspicuous manner clearly visible 7 to the public at the main entrance of the facility that 8 identifies the building and its accompanying grounds as a 9 drug-free homeless service zone. Such signs shall be written 10 in both English and Spanish and in contrasting colors with 11 block letters at least one inch in height. 12 7. For the purposes of this section: 13 a. “Drug-free homeless service zone” means the area within 14 three hundred feet of the premises of a facility-based service. 15 b. “Facility-based service” means any emergency or temporary 16 shelter, transitional housing provider, or permanent supportive 17 housing entity that receives government funding for the purpose 18 of providing shelter to homeless persons. 19 c. “Operator” means the sole proprietorship, organization, 20 association, corporation, partnership, joint venture, limited 21 partnership, limited liability partnership, limited liability 22 company, or other entity or business association that is the 23 direct recipient of government funding for the provision of 24 facility-based services. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill establishes drug-free homeless service zones. 29 The bill prohibits a person from intentionally or knowingly 30 doing any of the following: the person sells or transfers 31 or attempts to sell or transfer a controlled substance while 32 present within a drug-free homeless service zone; or the 33 person operates or has authority to enforce the policies and 34 requirements of a facility-based drug-free service zone that 35 -2- LSB 6885YC (2) 91 as/js 2/ 4

H.F. _____ primarily serves homeless individuals and that receives state, 1 local, or federal funding, and the person allows an individual 2 accessing services to possess or use a controlled substance on 3 the premises of the facility. 4 The bill provides that a person who sells or transfers 5 a controlled substance, or attempts to sell or transfer a 6 controlled substance within a drug-free homeless service zone 7 is punishable as the same class of criminal violation for 8 which the offense would be punishable under existing law had 9 the violation not occurred within a drug-free homeless service 10 zone, except that the minimum and maximum sentence for the 11 offense shall be increased by one year. A person convicted 12 of this offense is not eligible for a deferred judgment, a 13 deferred or suspended sentence, probation, or work release. 14 The bill provides that a person who operates or has 15 authority to enforce the policies and requirements of a 16 facility-based drug-free service zone who allows an individual 17 accessing services to possess or use a controlled substance 18 on the premises of the facility is guilty of an aggravated 19 misdemeanor. An aggravated misdemeanor is punishable by 20 confinement for no more than two years and a fine of at least 21 $855 but not more than $8,540. An operator of a facility-based 22 drug-free service zone who violates the bill is ineligible to 23 apply for homelessness assistance grants from the state for a 24 period of three years from the date of conviction. 25 The bill provides that in addition to any other penalty, a 26 person convicted of an offense under the bill shall be punished 27 by a fine of not less than $2,000 or three times the value as 28 determined by the court of the drugs involved in or giving rise 29 to the offense, whichever is greater. The fine may not be 30 suspended, in part or whole, for any reason. 31 The bill requires the operator of a facility-based service 32 that primarily serves homeless individuals to place and 33 maintain permanently affixed signs located in a conspicuous 34 manner clearly visible to the public at the main entrance of 35 -3- LSB 6885YC (2) 91 as/js 3/ 4

H.F. _____ the facility that identifies the building and its accompanying 1 grounds as a drug-free homeless service zone. Such signs shall 2 be written in both English and Spanish and in contrasting 3 colors with block letters at least one inch in height. 4 The bill defines “drug-free homeless service zone”, 5 “facility-based services”, and “operator”. 6 -4- LSB 6885YC (2) 91 as/js 4/ 4