Read the full stored bill text
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
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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
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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
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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
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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
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