Text: SF00443 Text: SF00445 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 822.9, Code 1995, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 822.9 APPEAL. 1 5 An appeal from a final judgment entered under this chapter 1 6 may be taken, perfected, and prosecuted either by the 1 7 applicant or by the state in the manner and within the time 1 8 after judgment as provided in the rules of appellate procedure 1 9 for appeals from final judgments in criminal cases. However, 1 10 if a party is seeking an appeal under section 822.2, 1 11 subsection 6, the appeal shall be by writ of certiorari. 1 12 Sec. 2. Section 901.3, Code 1995, is amended by adding the 1 13 following new subsection: 1 14 NEW SUBSECTION. 7. The risk posed by the defendant to 1 15 society, as compared to other persons convicted of the same 1 16 offense and persons who have been incarcerated in prison, 1 17 given the likelihood of the defendant to commit new offenses 1 18 and the seriousness of the offense committed. 1 19 Sec. 3. Section 901.10, Code 1995, is amended to read as 1 20 follows: 1 21 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 1 22 1. A court sentencing a person for an act prohibited under 1 23 section 124.406 or sections 124.401 and 124.413 may, at its 1 24 discretion, waive the mandatory minimum term of confinement if 1 25 the person was not in the possession or control of a firearm 1 26 and did not commit an assault as defined under section 708.1 1 27 while participating in the prohibited act, if mitigating 1 28 circumstances exist, and if the mitigating circumstances are 1 29 stated specifically in the record. However, the state may 1 30 appeal the discretionary decision on the grounds that the 1 31 stated mitigating circumstances do not warrant a reduction of 1 32 the sentence. 1 33 2. A court sentencing a person for the person's first 1 34 conviction under section124.406, 124.413, or902.7 may, at 1 35 its discretion, sentence the person to a term less than 2 1 provided by the statute if mitigating circumstances exist and 2 2 those circumstances are stated specifically in the record. 2 3 However, the state may appeal the discretionary decision on 2 4 the grounds that the stated mitigating circumstances do not 2 5 warrant a reduction of the sentence. 2 6 Sec. 4. Section 902.3, Code 1995, is amended to read as 2 7 follows: 2 8 902.3INDETERMINATE SENTENCEFELONY SENTENCING. 2 9 1.WhenExcept as otherwise provided in subsection 2, when 2 10 a judgment of conviction of a felony other than a class "A" 2 11 felony is entered against a person, the court, in imposing a 2 12 sentence of confinement, shall commit the person into the 2 13 custody of the director of the Iowa department of corrections 2 14 for an indeterminate term, the maximum length of which shall 2 15 not exceed the limits as fixed by section 707.3 or section 2 16 902.9 nor shall the term be less than the minimum term imposed 2 17 by law, if a minimum sentence is provided.However, the2 18 2. The court may sentence a person convicted of aclass2 19"D"felonyforas follows: 2 20 a. For a conviction of a class "D" felony violation of 2 21 section 321J.2 to imprisonment for up to one year in a county 2 22 jail under section 902.9, subsection 4, and the person shall 2 23 not be under the custody of the director of the Iowa 2 24 department of corrections. 2 25 b. For a conviction of a felony other than a class "A" 2 26 felony, to imprisonment for a portion of the maximum term 2 27 specified for the offense, provided that the term shall not be 2 28 less than any minimum term required by law. If a person is 2 29 imprisoned for a portion of the maximum term specified for an 2 30 offense, the balance of the term shall be suspended and the 2 31 person shall be under the custody of the director of the Iowa 2 32 department of corrections. 2 33 Sec. 5. Section 907.3, subsection 3, Code 1995, is amended 2 34 to read as follows: 2 35 3. By record entry at the time of or after sentencing, the 3 1 court may suspend the sentence and place the defendant on 3 2 probation upon such terms and conditions as it may require 3 3 including commitment to an alternate jail facility or a 3 4 community correctional residential treatment facility for a 3 5 specific number of days to be followed by a term of probation 3 6 as specified in section 907.7. A person so committed who has 3 7 probation revoked shall be given credit for such time served. 3 8 By record entry at the time of or after sentencing for a 3 9 felony other than a class "A" felony, the court may also 3 10 sentence the defendant to imprisonment for a portion of the 3 11 maximum term specified for the offense and suspend the balance 3 12 of the term as provided in section 902.3, subsection 2, 3 13 paragraph "b". However, the court shall not suspend the 3 14 minimum term of two days imposed pursuant to section 708.2A, 3 15 and the court shall not suspend a sentence imposed pursuant to 3 16 section 236.8 or 236.14 for contempt. 3 17 EXPLANATION 3 18 This bill provides for an assessment of the risk posed by a 3 19 defendant to society to be included in the presentence 3 20 investigation report, which is considered by the court in the 3 21 sentencing of all felony offenders, other than persons 3 22 convicted of class "A" felonies, and may be used in the 3 23 sentencing of persons convicted of aggravated or serious 3 24 misdemeanors. The bill permits the court to waive the 3 25 mandatory minimum term imposed on certain drug offenses if the 3 26 person was not in the possession or control of a firearm, the 3 27 person did not commit an assault while participating in the 3 28 prohibited act, and if mitigating circumstances exist. 3 29 Currently the court is only permitted to waive the mandatory 3 30 minimum term if the offense is the person's first conviction 3 31 for one of those drug offenses. The bill also permits the 3 32 court to sentence a person convicted of a felony to 3 33 confinement for a portion of the maximum term specified for 3 34 the offense and suspend the balance of the term. Persons so 3 35 confined are under the custody of the director of the Iowa 4 1 department of corrections, and the costs of the confinement 4 2 are borne by the state. 4 3 The bill also strikes and replaces a provision relating to 4 4 appeals in postconviction proceedings. The replacement of the 4 5 provision has the effect of reenacting the current Code 4 6 language, including a change which was made in 1992, that pro- 4 7 vides that appeals of forfeiture of reductions in sentences 4 8 must be made by writ of certiorari. 4 9 LSB 1441SV 76 4 10 lh/jw/5
Text: SF00443 Text: SF00445 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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