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Amendment H-1072 to HF 536
Concerning penalties relating to drug paraphernalia and certain traffic offenses, providing penalties, and making penalties applicable
Adopted · March 9, 2023
Filed March 8, 2023 in the House by
What it changes
AI summary This amendment adds specific fine amounts for drug paraphernalia violations, setting them at $260 for a first offense and $520 for subsequent offenses. It also changes the rules for speed limits near slow-moving or emergency vehicles to depend on whether the driver is on a highway or a municipal street.1
Read the amendment’s wording
- Page 1, before line 1 by inserting: “Section
- Section 124.401, subsection 5, paragraph a, Code 2023, is amended to read as follows: a. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter . Any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B , or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B , or chapter 124A as it existed prior to July 1, 2017, is guilty of a class “D” felony. For purposes of this paragraph, a conviction for violating section 124.414 shall not be considered a previous conviction for violating this chapter. Sec. ___. Section 124.411, subsection 3, Code 2023, is amended by adding the following new paragraph: NEW PARAGRAPH . c. An offense under section 124.414.”
- Page 2, line 1, by striking “limit,” and inserting “limit if on a highway that is not part of a municipal street system , and which speed shall be less than the posted speed limit if on a part of a municipal street system,”
- Page 4, by striking lines 1 through 3 and inserting: “NEW SUBSECTION . 3A. Drug paraphernalia violations. a. For a first violation of section 124.414, the scheduled fine is two hundred sixty dollars. b. For a second or subsequent violation of section 124.414, the scheduled fine is five hundred twenty dollars.”
- By renumbering as necessary.