House File 608 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 108)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act defining the term "possession" for purposes of the
  2    criminal law.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2124HV 81
  5 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 124.101, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  24A.  "Possess" or "possession" means as
  1  4 defined in section 702.13A.
  1  5    Sec. 2.  Section 124A.2, Code 2005, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  5.  "Possess" means the same as defined in
  1  8 section 702.13A.
  1  9    Sec. 3.  NEW SECTION.  702.13A  POSSESSION.
  1 10    "Possess" or "possession" means having knowledge of the
  1 11 presence and nature of an object or substance and having
  1 12 either actual or constructive possession of the object or
  1 13 substance.  Possession may be sole or joint.  A person may be
  1 14 in possession of an object or substance without having a
  1 15 proprietary interest in the object or substance or a right to
  1 16 possess the object or substance.
  1 17 HF 608
  1 18 jm:rj/es/25