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Senate Study Bill 3011 - IntroducedA Bill ForAn Act 1relating to penalties for the manufacture, delivery, or
2possession with the intent to manufacture or deliver heroin.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 1, paragraph a,
2subparagraph (1), Code 2022, is amended to read as follows:
3(1) More than one kilogram hundred grams of a mixture or
4substance containing a detectable amount of heroin.
5 Sec. 2. Section 124.401, subsection 1, paragraph b,
6subparagraph (1), Code 2022, is amended to read as follows:
7(1) More than one hundred five grams but not more than one
8kilogram hundred grams of a mixture or substance containing a
9detectable amount of heroin.
10 Sec. 3. Section 124.401, subsection 1, paragraph c,
11subparagraph (1), Code 2022, is amended to read as follows:
12(1) One hundred Five grams or less of a mixture or substance
13containing a detectable amount of heroin.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill increases the penalties associated with the
18manufacture, delivery, or possession with the intent to
19manufacture or deliver heroin.
20The bill provides that the manufacture, delivery, or
21possession with the intent to manufacture or deliver more than
22100 grams of a mixture or substance containing a detectable
23amount of heroin is a class “B” felony and, notwithstanding
24Code section 902.9(1) (a class “B” felon shall be confined for
25no more than 25 years) is punishable by confinement for no more
26than 50 years and a fine of not more than $1 million; more than
275 grams but not more than 100 grams of a mixture or substance
28containing a detectable amount of heroin is a class “B” felony
29and is punishable by confinement for no more than 25 years and
30a fine of not less than $5,000 nor more than $100,000; and 5
31grams or less of a mixture or substance containing a detectable
32amount of heroin is a class “C” felony and is punishable by
33confinement for no more than 10 years and a fine of not less
34than $1,370 nor more than $50,000.
35Under Code section 124.413 (mandatory minimum sentence
-1-1— parole eligibility), a person sentenced pursuant to Code
2section 124.401(1)(a) or (b) shall not be eligible for parole
3or work release until the person has served a minimum term of
4confinement of one-third of the maximum indeterminate sentence
5prescribed by law. However, a person serving a sentence
6pursuant to Code section 124.401(1)(b) shall be denied parole
7or work release, based upon all the pertinent information as
8determined by the court under Code section 901.11(1) (parole
9and work release eligibility) until the person has served
10between one-half of the minimum term of confinement and the
11maximum indeterminate sentence prescribed by law.
12Under Code section 811.1 (bail and bail restrictions), a
13person awaiting judgment of conviction and sentencing following
14a plea or verdict of guilty for a violation of Code section
15124.401(1)(a) or (b) shall not be admitted to bail.
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2possession with the intent to manufacture or deliver heroin.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 1, paragraph a,
2subparagraph (1), Code 2022, is amended to read as follows:
3(1) More than one kilogram hundred grams of a mixture or
4substance containing a detectable amount of heroin.
5 Sec. 2. Section 124.401, subsection 1, paragraph b,
6subparagraph (1), Code 2022, is amended to read as follows:
7(1) More than one hundred five grams but not more than one
8kilogram hundred grams of a mixture or substance containing a
9detectable amount of heroin.
10 Sec. 3. Section 124.401, subsection 1, paragraph c,
11subparagraph (1), Code 2022, is amended to read as follows:
12(1) One hundred Five grams or less of a mixture or substance
13containing a detectable amount of heroin.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill increases the penalties associated with the
18manufacture, delivery, or possession with the intent to
19manufacture or deliver heroin.
20The bill provides that the manufacture, delivery, or
21possession with the intent to manufacture or deliver more than
22100 grams of a mixture or substance containing a detectable
23amount of heroin is a class “B” felony and, notwithstanding
24Code section 902.9(1) (a class “B” felon shall be confined for
25no more than 25 years) is punishable by confinement for no more
26than 50 years and a fine of not more than $1 million; more than
275 grams but not more than 100 grams of a mixture or substance
28containing a detectable amount of heroin is a class “B” felony
29and is punishable by confinement for no more than 25 years and
30a fine of not less than $5,000 nor more than $100,000; and 5
31grams or less of a mixture or substance containing a detectable
32amount of heroin is a class “C” felony and is punishable by
33confinement for no more than 10 years and a fine of not less
34than $1,370 nor more than $50,000.
35Under Code section 124.413 (mandatory minimum sentence
-1-1— parole eligibility), a person sentenced pursuant to Code
2section 124.401(1)(a) or (b) shall not be eligible for parole
3or work release until the person has served a minimum term of
4confinement of one-third of the maximum indeterminate sentence
5prescribed by law. However, a person serving a sentence
6pursuant to Code section 124.401(1)(b) shall be denied parole
7or work release, based upon all the pertinent information as
8determined by the court under Code section 901.11(1) (parole
9and work release eligibility) until the person has served
10between one-half of the minimum term of confinement and the
11maximum indeterminate sentence prescribed by law.
12Under Code section 811.1 (bail and bail restrictions), a
13person awaiting judgment of conviction and sentencing following
14a plea or verdict of guilty for a violation of Code section
15124.401(1)(a) or (b) shall not be admitted to bail.
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