Bill Text: IA SF124 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the criminal offense of possessing electronic contraband or failing to report electronic contraband at a jail, municipal holding facility, or correctional facility and providing penalties. (Formerly SSB 1012.) Effective 7-1-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF124 Detail]
Download: Iowa-2011-SF124-Introduced.html
Bill Title: A bill for an act relating to the criminal offense of possessing electronic contraband or failing to report electronic contraband at a jail, municipal holding facility, or correctional facility and providing penalties. (Formerly SSB 1012.) Effective 7-1-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF124 Detail]
Download: Iowa-2011-SF124-Introduced.html
Senate
File
124
-
Introduced
SENATE
FILE
124
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1012)
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
possessing
1
electronic
contraband
or
failing
to
report
electronic
2
contraband
at
a
jail,
municipal
holding
facility,
or
3
correctional
facility
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1183SV
(3)
84
jm/nh
S.F.
124
Section
1.
NEW
SECTION
.
719.7A
Electronic
contraband
——
1
criminal
penalties.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Electronic
contraband”
means
a
mobile
telephone
or
other
5
hand-held
electronic
communication
device.
6
b.
“Facility”
means
a
county
jail,
municipal
holding
7
facility,
or
institution
under
the
management
of
the
department
8
of
corrections.
9
2.
A
person
commits
the
offense
of
possessing
electronic
10
contraband
under
this
section
if
the
person,
not
authorized
by
11
law,
does
any
of
the
following:
12
a.
Knowingly
supplies
or
attempts
to
supply
electronic
13
contraband
to
any
person
confined
in
a
facility,
or
to
any
14
person
confined
in
a
facility
while
the
person
is
being
15
transported
or
moved
incidental
to
the
confinement.
16
b.
Knowingly
makes,
obtains,
or
possesses
electronic
17
contraband
while
confined
in
a
facility,
or
while
being
18
transported
or
moved
incidental
to
confinement.
19
3.
A
person
who
possesses
electronic
contraband
commits
a
20
class
“D”
felony.
21
4.
a.
A
person
commits
the
offense
of
failing
to
report
22
electronic
contraband
when
the
person
fails
to
report
a
known
23
violation
or
attempted
violation
of
this
section
to
an
official
24
or
officer
at
a
facility.
25
b.
A
person
who
violates
this
subsection
commits
an
26
aggravated
misdemeanor.
27
5.
The
sheriff
may
x-ray
a
person
committed
to
the
jail,
28
the
supervising
law
enforcement
agency
may
x-ray
a
person
29
confined
in
the
municipal
holding
facility,
or
the
department
30
of
corrections
may
x-ray
a
person
under
the
control
of
the
31
department,
if
there
is
reason
to
believe
that
the
person
is
in
32
possession
of
electronic
contraband.
A
licensed
physician
or
33
x-ray
technician
under
the
supervision
of
a
licensed
physician
34
must
x-ray
the
person.
35
-1-
LSB
1183SV
(3)
84
jm/nh
1/
2
S.F.
124
6.
Nothing
in
this
section
is
intended
to
limit
the
1
authority
of
the
administrator
of
any
facility
to
prescribe
2
or
enforce
rules
concerning
the
definition
of
electronic
3
contraband,
and
the
supplying,
making,
obtaining,
or
possession
4
of
electronic
contraband.
5
EXPLANATION
6
This
bill
relates
to
the
criminal
offense
of
possessing
7
electronic
contraband
in
a
jail,
municipal
holding
facility,
or
8
correctional
institution.
9
The
bill
defines
“electronic
contraband”
as
a
mobile
10
telephone
or
other
hand-held
electronic
communication
device.
11
Under
the
bill,
a
person
commits
the
criminal
offense
of
12
possessing
electronic
contraband,
if
the
person,
not
authorized
13
by
law,
supplies
or
attempts
to
supply,
makes,
obtains,
or
14
possesses
a
mobile
telephone
or
other
hand-held
electronic
15
communication
device
in,
a
jail,
municipal
holding
facility,
or
16
correctional
institution.
A
person
who
violates
this
provision
17
commits
a
class
“D”
felony.
18
The
bill
provides
that
if
a
person
fails
to
report
a
known
19
electronic
contraband
violation
to
an
official
or
officer
of
a
20
jail,
municipal
holding
facility,
or
correctional
institution,
21
the
person
commits
an
aggravated
misdemeanor.
22
A
class
“D”
felony
is
punishable
by
up
to
five
years
of
23
confinement
and
a
fine
of
at
least
$750
but
not
more
than
24
$7,500.
An
aggravated
misdemeanor
is
punishable
by
up
to
two
25
years
in
prison
and
a
fine
of
at
least
$625
but
not
to
exceed
26
$6,250.
27
-2-
LSB
1183SV
(3)
84
jm/nh
2/
2
