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House Journal: Page 1098: Tuesday, March 31, 1998

47   clerk of the district court shall send a copy of any
48   order issued pursuant to this subsection to each state
49   agency, department, or program required to deny
50   benefits pursuant to such an order."

Page 9

 1     5.  Page 3, by inserting before line 2 the
 2   following:
 3                         "DIVISION V
 4     Sec. ___.  Section 811.1, subsection 2, Code
 5   Supplement 1997, is amended to read as follows:
 6     2.  A defendant appealing a conviction of a class
 7   "A" felony, murder, any class "B" felony included in
 8   section 707.6A, felonious assault, felonious child
 9   endangerment, sexual abuse in the second degree,
10   sexual abuse in the third degree, kidnapping, robbery
11   in the first degree, arson in the first degree, or
12   burglary in the first degree, or any felony included
13   in section 124.401, subsection 1, paragraph "a", or a
14   violation of section 124.401, subsection 1, paragraph
15   "b".
16     Sec. ___.  Section 901.10, Code 1997, is amended to
17   read as follows:
18     901.10  IMPOSITION OF MANDATORY MINIMUM SENTENCES.
19     1.  A court sentencing a person for the person's
20   first conviction under section 124.406, 124.413, or
21   902.7 may, at its discretion, sentence the person to a
22   term less than provided by the statute if mitigating
23   circumstances exist and those circumstances are stated
24   specifically in the record.  However, the
25     2.  Notwithstanding subsection 1, if the sentence
26   under section 124.413 involves a methamphetamine
27   offense under section 124.401, subsection 1, paragraph
28   "a" or "b", the court shall not grant any reduction of
29   sentence unless the defendant pleads guilty.  If the
30   defendant pleads guilty, the court may, at its
31   discretion, reduce the mandatory minimum sentence by
32   up to one-third.  If the defendant additionally
33   cooperates in the prosecution of other persons
34   involved in the sale or use of controlled substances,
35   and if the prosecutor requests an additional reduction
36   in defendant's sentence because of such cooperation,
37   the court may grant a further reduction in defendant's
38   mandatory minimum sentence, up to one-half of the
39   remaining mandatory minimum sentence.
40     3.  The state may appeal the discretionary decision
41   on the grounds that the stated mitigating
42   circumstances do not warrant a reduction of the
43   sentence.
44     Sec. ___.  Section 907.3, subsection 1, Code
45   Supplement 1997, is amended by adding the following
46   new paragraph:

© 1998 Cornell College and League of Women Voters of Iowa

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