HF 358 (LSB 2104YH (3) 87)

HOUSE FILE 358

BY  NUNN

A BILL FOR

An Act relating to the offense of attempt to commit murder against a peace officer, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.11, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  As used in this subsection, “peace officer” means the same as defined in section 801.4.
   b.  For purposes of determining the category of sentence under section 903A.2, the fact finder shall determine whether the attempt to commit murder was against a peace officer, with the knowledge that the person against whom the attempt to commit murder was committed was a peace officer acting in the officer’s official capacity. 
   c.  If the fact finder determines the attempt to commit murder was against a peace officer as described in paragraph “b”, the person shall serve one hundred percent of the term of confinement imposed and shall be denied parole, work release, or other early release. 
    Sec. 2.  Section 902.12, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  Attempted murder in violation of section 707.11, except as provided in section 707.11, subsection 5.
    Sec. 3.  Section 903A.2, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Each inmate committed to the custody of the director of the department of corrections is eligible to earn a reduction of sentence in the manner provided in this section. For purposes of calculating the amount of time by which an inmate’s sentence may be reduced, inmates shall be grouped into the following two three sentencing categories:
    Sec. 4.  Section 903A.2, subsection 1, paragraph a, subparagraph (1), unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Category “A” sentences are those sentences which are not subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 and are not category “C” sentences. To the extent provided in subsection 5, category “A” sentences also include life sentences imposed under section 902.1. An inmate of an institution under the control of the department of corrections who is serving a category “A” sentence is eligible for a reduction of sentence equal to one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement status identified by the director to earn the reduction. The programs include but are not limited to the following:
    Sec. 5.  Section 903A.2, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  Category “B” sentences are those sentences which are subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 and are not category “C” sentences. An inmate of an institution under the control of the department of corrections who is serving a category “B” sentence is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
    Sec. 6.  Section 903A.2, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Category “C” sentences are those sentences for attempted murder described in section 707.11, subsection 5. Notwithstanding paragraphs “a” or “b”, an inmate serving a category “C” sentence is ineligible for a reduction of sentence under this section. 
    Sec. 7.  Section 903A.7, Code 2017, is amended to read as follows:
   903A.7  Separate sentences.
   1.  Consecutive multiple sentences that are within the same category under section 903A.2 shall be construed as one continuous sentence for purposes of calculating reductions of sentence for earned time.
   2.  If a person is sentenced to serve both category “A” and category “B” sentences of both categories, category “B” sentences shall be served before category “A” sentences are served, and earned time accrued against the category “B” sentences shall not be used to reduce the category “A” sentences. If an inmate serving a category “A” sentence is sentenced to serve a category “B” sentence, the category “A” sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “B” sentence is completed.
   3.  If a person is sentenced to serve both a category “C” sentence and another category sentence, the category “C” sentence shall be served before the other category sentence is served, and no earned time shall accrue until the category “C” sentence has been served. If an inmate serving a category sentence other than a category “C” sentence is sentenced to serve a category “C” sentence, the sentence of the other category sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “C” sentence is completed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to attempt to commit murder against a peace officer.
   The bill defines “peace officer” to mean the same as defined in section 801.4.
   Under the bill, a person who attempts to commit murder against a peace officer in violation of Code section 707.11, with the knowledge that the person against whom the attempt to commit murder is committed is a peace officer, and while the officer is acting within the officer’s official capacity, shall serve 100 percent of the term of confinement imposed and shall be denied parole, work release, or other early release. 
   A person who commits attempt to commit murder commits a class “B” felony. A class “B” felony is punishable by confinement for no more than 25 years. Currently, except for the attempt to commit murder against a peace officer in the bill, a person who commits attempt to commit murder shall serve 70 percent of the sentence under Code section 902.12.
   After a person is sent to a correctional institution for an attempt to commit murder against a peace officer, the bill creates a new category “C” sentence which prohibits such a person from accumulating earned time that reduces the sentence of the person. If a person is sentenced to serve both a category “C” sentence and another category sentence, the category “C” sentence shall be served before the other category sentence is served, and no earned time shall accrue until the category “C” sentence has been served. The bill also provides that if an inmate serving a category sentence other than a category “C” sentence is sentenced to serve a category “C” sentence, the sentence of the other category sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “C” sentence is completed.