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House Amendment 1569

Amendment Text

PAG LIN
  1  1    Amend Senate File 503, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  NEW SECTION.  124.401C  MANUFACTURING
  1  6 METHAMPHETAMINE IN PRESENCE OF MINORS.
  1  7    1.  In addition to any other penalties provided in
  1  8 this chapter, a person who is eighteen years of age or
  1  9 older and who either directly or by extraction from
  1 10 natural substances, or independently by means of
  1 11 chemical processes, or both, unlawfully manufactures
  1 12 methamphetamine, its salts, isomers, and salts of its
  1 13 isomers in the presence of a minor shall be sentenced
  1 14 up to an additional term of confinement of five years.
  1 15    2.  For purposes of this section, the term "in the
  1 16 presence of a minor" shall mean any of the following:
  1 17    a.  When a minor is physically present during the
  1 18 activity.
  1 19    b.  When the activity is conducted in the residence
  1 20 of a minor.
  1 21    c.  When the activity is conducted in a residence
  1 22 where minors can reasonably be expected to be present.
  1 23    d.  When the activity is conducted in a room
  1 24 offered to the public for overnight accommodation.
  1 25    Sec. 2.  Section 728.1, Code 1997, is amended by
  1 26 adding the following new subsection:
  1 27    NEW SUBSECTION.  5A.  "Place of business" means the
  1 28 premises of a business required to obtain a sales tax
  1 29 permit pursuant to chapter 422, the premises of a
  1 30 nonprofit or not-for-profit organization, and the
  1 31 premises of an establishment which is open to the
  1 32 public at large or where entrance is limited by a
  1 33 cover charge or membership requirement.
  1 34    Sec. 3.  Section 728.5, Code 1997, is amended to
  1 35 read as follows:
  1 36    728.5  PUBLIC INDECENT EXPOSURE IN CERTAIN
  1 37 ESTABLISHMENTS.
  1 38    A holder of a liquor license or beer permit or any
  1 39 An owner, manager, or person who exercises direct
  1 40 control over any licensed premises defined in section
  1 41 123.3, subsection 20 a place of business required to
  1 42 obtain a sales tax permit shall be guilty of a serious
  1 43 misdemeanor under any of the following circumstances:
  1 44    1.  If such person allow allows or permit permits
  1 45 the actual or simulated public performance of any sex
  1 46 act upon or in such licensed premises place of
  1 47 business.
  1 48    2.  If such person allow allows or permit permits
  1 49 the exposure of the genitals or buttocks or female
  1 50 breast of any person who acts as a waiter or waitress.
  2  1    3.  If such person allow allows or permit permits
  2  2 the exposure of the genitals or female breast nipple
  2  3 of any person who acts as an entertainer, whether or
  2  4 not the owner of the licensed premises place of
  2  5 business in which the activity is performed employs or
  2  6 pays any compensation to such person to perform such
  2  7 activity.
  2  8    4.  If such person allow allows or permit permits
  2  9 any person to remain in or upon the licensed premises
  2 10 place of business who exposes to public view the
  2 11 person's genitals, pubic hair, or anus.
  2 12    5.  If such person allow or permit the displaying
  2 13 of moving pictures, films, or pictures depicting any
  2 14 sex act or the display of the pubic hair, anus, or
  2 15 genitals upon or in such licensed premises.
  2 16    6 5.  If such person advertises that any activity
  2 17 prohibited by this section is allowed or permitted in
  2 18 such licensed premises place of business.
  2 19    7 6.  If such person allows or permits a minor to
  2 20 engage in or otherwise perform in a live act intended
  2 21 to arouse or satisfy the sexual desires or appeal to
  2 22 the prurient interests of patrons.  However, if such
  2 23 person allows or permits a minor to participate in any
  2 24 act included in subsections 1 through 4, the person
  2 25 shall be guilty of an aggravated misdemeanor.
  2 26    Provided that the The provisions of this section
  2 27 shall not apply to a theater, concert hall, art
  2 28 center, museum, or similar establishment which is
  2 29 primarily devoted to the arts or theatrical
  2 30 performances and in which any of the circumstances
  2 31 contained in this section were permitted or allowed as
  2 32 part of such art exhibits or performances.
  2 33    Sec. 4.  Section 728.8, Code 1997, is amended to
  2 34 read as follows:
  2 35    728.8  SUSPENSION OF LICENSES OR PERMITS.
  2 36    Any person who knowingly permits a violation of
  2 37 section 728.2, 728.3, or 728.5, subsection 7 6, to
  2 38 occur on premises under the person's control shall
  2 39 have all permits and licenses issued to the person
  2 40 under state or local law as a prerequisite for doing
  2 41 business on such premises revoked for a period of six
  2 42 months.  The county attorney shall notify all agencies
  2 43 responsible for issuing licenses and permits of any
  2 44 conviction under section 728.2, 728.3, or 728.5,
  2 45 subsection 7 6.
  2 46    Sec. 5.  Section 907.2, unnumbered paragraph 2,
  2 47 Code 1997, is amended to read as follows:
  2 48    Probation officers employed by the judicial
  2 49 district department of correctional services, while
  2 50 performing the duties prescribed by that department,
  3  1 are peace officers.  Probation officers shall
  3  2 investigate all persons referred to them for
  3  3 investigation by the director of the judicial district
  3  4 department of correctional services which employs
  3  5 them.  They shall furnish to each person released
  3  6 under their supervision or committed to a community
  3  7 corrections residential facility operated by the
  3  8 judicial district department of correctional services,
  3  9 a written statement of the conditions of probation or
  3 10 commitment.  They shall keep informed of each person's
  3 11 conduct and condition and shall use all suitable
  3 12 methods prescribed by the judicial district department
  3 13 of correctional services to aid and encourage the
  3 14 person to bring about improvements in the person's
  3 15 conduct and condition.  Probation officers shall keep
  3 16 records of their work and, unless section 907.8A
  3 17 applies, shall make reports to the court when alleged
  3 18 violations occur and within no less than thirty days
  3 19 before the period of probation will expire.  If
  3 20 section 907.8A applies, the probation officers shall
  3 21 make the reports of alleged violations to the
  3 22 administrative parole and probation judge within no
  3 23 less than thirty days before the period of probation
  3 24 will expire.  Probation officers shall coordinate
  3 25 their work with other social welfare agencies which
  3 26 offer services of a corrective nature operating in the
  3 27 area to which they are assigned.
  3 28    Sec. 6.  Section 907.7, unnumbered paragraphs 1 and
  3 29 2, Code 1997, are amended to read as follows:
  3 30    The length of the probation shall be for such term
  3 31 as the court may shall fix but not to exceed five
  3 32 years if the offense is a felony or not to exceed two
  3 33 years if the offense is a misdemeanor.
  3 34    The length of the probation shall not be less than
  3 35 one year if the offense is a misdemeanor and shall not
  3 36 be less than two years if the offense is a felony.
  3 37 However, the court or the administrative parole and
  3 38 probation judge, if section 907.8A applies, may
  3 39 subsequently reduce the length of the probation if the
  3 40 court or the administrative parole and probation judge
  3 41 determines that the purposes of probation have been
  3 42 fulfilled.  The purposes of probation are to provide
  3 43 maximum opportunity for the rehabilitation of the
  3 44 defendant and to protect the community from further
  3 45 offenses by the defendant and others.
  3 46    Sec. 7.  Section 907.8, unnumbered paragraph 3,
  3 47 Code 1997, is amended to read as follows:
  3 48    Jurisdiction of Except as otherwise provided in
  3 49 section 907.8A, the court shall retain jurisdiction
  3 50 over these persons shall remain with the sentencing
  4  1 court.  Jurisdiction may be transferred to a court in
  4  2 another jurisdiction, or to the administrative parole
  4  3 and probation judge under section 907.8A, if a
  4  4 person's probation supervision is transferred to a
  4  5 judicial district department of correctional services
  4  6 in a district other than the district in which the
  4  7 person was sentenced.
  4  8    Sec. 8.  NEW SECTION.  907.8A  SIXTH JUDICIAL
  4  9 DISTRICT – DETERMINATION OF ISSUES DURING
  4 10 PROBATIONARY PERIOD.
  4 11    1.  Except for those persons who are granted a
  4 12 deferred judgment or deferred sentence, for each
  4 13 adult, and each juvenile who has been prosecuted,
  4 14 convicted, and sentenced as an adult, who is released
  4 15 on probation by the court in the sixth judicial
  4 16 district, the jurisdiction of the sentencing court
  4 17 shall cease upon approval by the sentencing court of
  4 18 the conditions established by the judicial district
  4 19 department of correctional services.  If a person is
  4 20 granted a deferred judgment or deferred sentence,
  4 21 jurisdiction shall be retained by the court.
  4 22    2.  All issues relating to whether the probationer
  4 23 has violated or fulfilled the terms and conditions of
  4 24 probation, including but not limited to express
  4 25 violations of a specific term of probation, new
  4 26 violations of the law, and changes of the term of
  4 27 probation as provided in sections 907.7, 908.11, and
  4 28 910.4, which would otherwise be determined by the
  4 29 court, shall be determined instead by an
  4 30 administrative parole and probation judge.  The
  4 31 administrative parole and probation judge, who shall
  4 32 be an attorney, shall be appointed by the board of
  4 33 parole, notwithstanding chapter 17A.  The costs of
  4 34 employing the administrative parole and probation
  4 35 judge shall be borne by the board of parole.
  4 36    A probation hearing conducted by an administrative
  4 37 parole and probation judge shall be conducted in the
  4 38 same manner as hearings regarding revocations or
  4 39 modifications of or discharge from parole.  The
  4 40 hearing may be conducted electronically.  The
  4 41 probation officer shall notify the county attorney at
  4 42 least five days prior to any probation hearing.  The
  4 43 interests of the state shall be represented by the
  4 44 probation officer at the probation hearing, unless the
  4 45 county attorney or the county attorney's designee
  4 46 elects to assist the probation officer.  The board of
  4 47 parole, the department of corrections, and the clerk
  4 48 of the district court in the sixth judicial district
  4 49 shall devise and implement a system for the filing of
  4 50 documents and records of probation hearings conducted
  5  1 under this section.  The system shall allow for the
  5  2 electronic filing of records and documents where
  5  3 electronic filing is practicable.
  5  4    3.  Appeals from orders of the administrative
  5  5 parole and probation judge which pertain to the
  5  6 revocations or modifications of or discharge from
  5  7 probation shall be conducted in the manner provided in
  5  8 rules adopted by the board of parole.
  5  9    Sec. 9.  Section 907.9, Code 1997, is amended to
  5 10 read as follows:
  5 11    907.9  DISCHARGE FROM PROBATION.
  5 12    1.  At Except as otherwise provided in section
  5 13 907.8A, at any time that the court determines that the
  5 14 purposes of probation have been fulfilled, the court
  5 15 may order the discharge of a person from probation.
  5 16    2.  At any time that a probation officer determines
  5 17 that the purposes of probation have been fulfilled,
  5 18 the officer may order the discharge of a person from
  5 19 probation after approval of the district director, and
  5 20 notification of the sentencing court, the
  5 21 administrative parole and probation judge if section
  5 22 907.8A applies, and the county attorney who prosecuted
  5 23 the case.
  5 24    3.  The sentencing judge, unless the judge is no
  5 25 longer serving or is otherwise unable to, or, if
  5 26 section 907.8A applies, the administrative parole and
  5 27 probation judge, may order a hearing on its own
  5 28 motion, or shall order a hearing upon the request of
  5 29 the county attorney, for review of such discharge.  If
  5 30 the sentencing judge is no longer serving or unable to
  5 31 order such hearing, the chief judge of the district or
  5 32 the chief judge's designee shall order any hearing
  5 33 pursuant to this section, if section 907.8A does not
  5 34 apply.  Following the hearing, the court or the
  5 35 administrative parole and probation judge shall
  5 36 approve or rescind such discharge.  If a hearing is
  5 37 not ordered within thirty days after notification by
  5 38 the probation officer, the person shall be discharged
  5 39 and the probation officer shall notify the state court
  5 40 administrator of such discharge.
  5 41    4.  At the expiration of the period of probation,
  5 42 in cases where the court fixes the term of probation,
  5 43 the court or, if section 907.8A applies, the
  5 44 administrative parole and probation judge, shall order
  5 45 the discharge of the person from probation, and the
  5 46 court or administrative parole and probation judge
  5 47 shall forward to the governor a recommendation for or
  5 48 against restoration of citizenship rights to that
  5 49 person.  A person who has been discharged from
  5 50 probation shall no longer be held to answer for the
  6  1 person's offense.  Upon discharge from probation, if
  6  2 judgment has been deferred under section 907.3, the
  6  3 court's criminal record with reference to the deferred
  6  4 judgment shall be expunged.  The record maintained by
  6  5 the state court administrator as required by section
  6  6 907.4 shall not be expunged.  The court's record shall
  6  7 not be expunged in any other circumstances.
  6  8    5.  A probation officer or the director of the
  6  9 judicial district department of correctional services
  6 10 who acts in compliance with this section is acting in
  6 11 the course of the person's official duty and is not
  6 12 personally liable, either civilly or criminally, for
  6 13 the acts of a person discharged from probation by the
  6 14 officer after such discharge, unless the discharge
  6 15 constitutes willful disregard of the person's duty.
  6 16    Sec. 10.  Section 908.11, Code 1997, is amended to
  6 17 read as follows:
  6 18    908.11  VIOLATION OF PROBATION.
  6 19    1.  A probation officer or the judicial district
  6 20 department of correctional services having probable
  6 21 cause to believe that any person released on probation
  6 22 has violated the conditions of probation shall proceed
  6 23 by arrest or summons as in the case of a parole
  6 24 violation.
  6 25    2.  The Except as otherwise provided in sections
  6 26 907.8 and 907.8A, the functions of the liaison officer
  6 27 and the board of parole shall be performed by the
  6 28 judge or magistrate who placed the alleged violator on
  6 29 probation if that judge or magistrate is available,
  6 30 otherwise by another judge or magistrate who would
  6 31 have had jurisdiction to try the original offense.
  6 32    3.  If the probation officer proceeds by arrest and
  6 33 section 907.8A does not apply, any magistrate may
  6 34 receive the complaint, issue an arrest warrant, or
  6 35 conduct the initial appearance and probable cause
  6 36 hearing if it is not convenient for the judge who
  6 37 placed the alleged violator on probation to do so.
  6 38 The initial appearance, probable cause hearing, and
  6 39 probation revocation hearing, or any of them, may at
  6 40 the discretion of the court be merged into a single
  6 41 hearing when it appears that the alleged violator will
  6 42 not be prejudiced thereby by the merger.
  6 43    4.  If the person who is believed to have violated
  6 44 the conditions of probation was sentenced and placed
  6 45 on probation in the sixth judicial district under
  6 46 section 907.8A, or jurisdiction over the person was
  6 47 transferred to the sixth judicial district as a result
  6 48 of transfer of the person's probation supervision, the
  6 49 functions of the liaison officer and the board of
  6 50 parole shall be performed by the administrative parole
  7  1 and probation judge as provided in section 907.8A.
  7  2    5.  If the probation officer proceeds by arrest and
  7  3 section 907.8A applies, the administrative parole and
  7  4 probation judge may receive the complaint, issue an
  7  5 arrest warrant, or conduct the initial appearance and
  7  6 probable cause hearing.  The initial appearance,
  7  7 probable cause hearing, and probation revocation
  7  8 hearing, or any of them, may, at the discretion of the
  7  9 administrative parole and probation judge, be merged
  7 10 into a single hearing when it appears that the alleged
  7 11 violator will not be prejudiced by the merger.
  7 12    6.  If the violation is established, the court or
  7 13 the administrative parole and probation judge may
  7 14 continue the probation with or without an alteration
  7 15 of the conditions of probation.  If the defendant is
  7 16 an adult the court may hold the defendant in contempt
  7 17 of court and sentence the defendant to a jail term
  7 18 while continuing the probation, order the defendant to
  7 19 be placed in a violator facility established pursuant
  7 20 to section 904.207 while continuing the probation, or
  7 21 revoke the probation and require the defendant to
  7 22 serve the sentence imposed or any lesser sentence,
  7 23 and, if imposition of sentence was deferred, may
  7 24 impose any sentence which might originally have been
  7 25 imposed.  The administrative parole and probation
  7 26 judge may revoke the probation and require the
  7 27 defendant to serve the sentence which was originally
  7 28 imposed.  The administrative parole and probation
  7 29 judge may grant credit against the sentence, for any
  7 30 time served while the defendant was on probation.  The
  7 31 order of the administrative parole and probation judge
  7 32 shall become a final decision, unless the defendant
  7 33 appeals the decision to the board of parole within the
  7 34 time provided in rules adopted by the board.  The
  7 35 appeal shall be conducted pursuant to rules adopted by
  7 36 the board and the record on appeal shall be the record
  7 37 made at the hearing conducted by the administrative
  7 38 parole and probation judge.
  7 39    Sec. 11.  NEW SECTION.  910.3B  RESTITUTION FOR
  7 40 DEATH OF VICTIM.
  7 41    1.  In all criminal cases in which the offender is
  7 42 convicted of a felony in which the act or acts
  7 43 committed by the offender caused the death of another
  7 44 person, in addition to the amount determined to be
  7 45 payable and ordered to be paid to a victim for
  7 46 pecuniary damages, as defined under section 910.1, and
  7 47 determined under section 910.3, the court shall also
  7 48 order the offender to pay one million dollars in
  7 49 restitution to the victim's estate.  The obligation to
  7 50 pay the additional amount shall not be dischargeable
  8  1 in any proceeding under the federal Bankruptcy Act.
  8  2 Payment of the additional amount shall have the same
  8  3 priority as payment of a victim's pecuniary damages
  8  4 under section 910.2, in the offender's plan for
  8  5 restitution.
  8  6    2.  An award under this section does not preclude
  8  7 or supersede the right of a victim's estate to bring a
  8  8 civil action against the offender for damages arising
  8  9 out of the same facts or event.
  8 10    3.  An offender who is ordered to pay a victim's
  8 11 estate under this section is precluded from denying
  8 12 the elements of the felony offense which resulted in
  8 13 the order for payment in any subsequent civil action
  8 14 for damages arising out of the same facts or event.
  8 15    Sec. 12.  Sections 906.16, 908.4, 908.5, 908.6,
  8 16 908.7, 908.10, and 908.10A, Code 1997, are amended by
  8 17 striking from the sections the words "administrative
  8 18 parole judge" and inserting in lieu thereof the words
  8 19 "administrative parole and probation judge".
  8 20    Sec. 13.  EFFECTIVE DATE.  Sections 2 through 4 of
  8 21 this Act, being deemed of immediate importance, take
  8 22 effect upon enactment."
  8 23    #2.  Title page 1, by striking lines 5 through 15
  8 24 and inserting the following:  "establishments,
  8 25 authorizing probation supervision and".
  8 26    #3.  Title page 1, by striking lines 17 and 18 and
  8 27 inserting the following:  "the sixth judicial
  8 28 district, providing".  
  8 29 
  8 30 
  8 31                               
  8 32 COMMITTEE ON JUDICIARY
  8 33 LAMBERTI of Polk, Chairperson
  8 34 SF 503.513 77
  8 35 lh/jw/28
     

Text: H01568                            Text: H01570
Text: H01500 - H01599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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