Text: H09076 Text: H09078 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2552, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 5, by striking lines 26 and 27 and 1 4 inserting the following: 1 5 "................................................. $ 30,153,729 1 6 ............................................... FTEs 533.50" 1 7 #2. Page 5, by striking line 34 and inserting the 1 8 following: 1 9 "................................................. $ 23,601,997" 1 10 #3. Page 6, by striking line 9 and inserting the 1 11 following: 1 12 "................................................. $ 21,300,914" 1 13 #4. Page 6, by striking line 15 and inserting the 1 14 following: 1 15 "................................................. $ 22,775,087" 1 16 #5. Page 6, by striking line 23 and inserting the 1 17 following: 1 18 "................................................. $ 21,490,369" 1 19 #6. Page 6, by striking line 29 and inserting the 1 20 following: 1 21 "................................................. $ 7,117,981" 1 22 #7. Page 6, by striking line 35 and inserting the 1 23 following: 1 24 "................................................. $ 17,814,313" 1 25 #8. Page 7, by striking line 11 and inserting the 1 26 following: 1 27 "................................................. $ 11,960,757" 1 28 #9. Page 13, by striking line 13 and inserting the 1 29 following: 1 30 "................................................. $ 8,793,845" 1 31 #10. Page 13, by striking line 19 and inserting 1 32 the following: 1 33 "................................................. $ 7,024,872" 1 34 #11. Page 13, by striking line 25 and inserting 1 35 the following: 1 36 "................................................. $ 4,261,670" 1 37 #12. Page 14, by striking line 2 and inserting the 1 38 following: 1 39 "................................................. $ 11,708,518" 1 40 #13. Page 14, by striking line 8 and inserting the 1 41 following: 1 42 "................................................. $ 8,875,900" 1 43 #14. Page 14, by striking line 20 and inserting 1 44 the following: 1 45 "................................................. $ 5,062,560" 1 46 #15. Page 20, by striking lines 26 and 27 and 1 47 inserting the following: 1 48 "................................................. $ 12,470,844 1 49 ............................................... FTEs 233.50" 1 50 #16. Page 21, by striking lines 17 and 18 and 2 1 inserting the following: 2 2 "................................................. $ 3,972,285 2 3 ............................................... FTEs 65.00" 2 4 #17. Page 23, line 23, by striking the words "one 2 5 hundred percent of the" and inserting the following: 2 6 "eighty percent of the salary". 2 7 #18. Page 23, line 25, by inserting after the word 2 8 "chapter" the following: "and an additional amount 2 9 for the division's costs to enforce this chapter 2 10 which, for all licensees, shall not exceed thirty 2 11 thousand dollars". 2 12 #19. By striking page 23, line 31 through page 24, 2 13 line 6 and inserting the following: "the commission 2 14 plus the cost of salaries for no more than two special 2 15 agents and no more than four gaming enforcement 2 16 officers for each excursion gambling boat for the 2 17 division of criminal investigation's excursion 2 18 gambling boat activities and an amount for all 2 19 licensees, not to exceed one hundred twenty-five 2 20 thousand dollars, representing other associated costs 2 21 of the division, as the basis for determining the 2 22 amount of revenue to be raised from the license fees 2 23 and admission fees. The division's". 2 24 #20. Page 24, line 7, by striking the words "one 2 25 hundred" and inserting the following: "eighty". 2 26 #21. Page 24, line 8, by striking the words "and2 27sixty-five," and inserting the following: "andsixty-2 28five". 2 29 #22. Page 24, line 9, by striking the word "salary" 2 30 and inserting the following: "salary". 2 31 #23. Page 24, line 9, by striking the words "one 2 32 hundred" and inserting the following: "eighty". 2 33 #24. Page 24, by striking lines 11 and 12 and 2 34 inserting the following: "laws and rules adopted by 2 35 the commission." 2 36 #25. Page 24, line 16, by striking the words "one 2 37 hundred percent of the" and inserting the following: 2 38 "eighty percent of the salary". 2 39 #26. Page 25, line 8, by inserting after the word 2 40 "review." the following: "If the commissioner 2 41 establishes by rule a fee for the performance of a 2 42 building plan review by the department, the 2 43 commissioner shall also provide by rule that the 2 44 failure of the department to approve or disapprove a 2 45 building plan review within sixty days of submission 2 46 of the plan shall be deemed to be an approval of the 2 47 plan." 2 48 #27. Page 25, by inserting after line 14 the 2 49 following: 2 50 "Sec. . Section 123.3, Code 1999, is amended by 3 1 adding the following new subsection: 3 2 NEW SUBSECTION. 12A. "Designated security 3 3 employee" means an agent or employee of a licensee or 3 4 permittee who is primarily employed for security 3 5 purposes at a commercial establishment licensed or 3 6 permitted under chapter 123. 3 7 Sec. . Section 123.31, Code 1999, is amended by 3 8 adding the following new subsection: 3 9 NEW SUBSECTION. 6A. A statement, if required by 3 10 the local authority, indicating whether all designated 3 11 security employees have received training and 3 12 certification as provided in section 123.32. 3 13 Sec. . Section 123.32, Code 1999, is amended by 3 14 adding the following new subsection: 3 15 NEW SUBSECTION. 3A. A local authority, as a 3 16 condition of obtaining a license or permit for on 3 17 premises consumption, may require a designated 3 18 security employee as defined in section 123.3, to be 3 19 trained and certified in security methods. The 3 20 training shall include but is not limited to mediation 3 21 techniques, civil rights or unfair practices awareness 3 22 as provided in section 216.7, and providing 3 23 instruction on the proper physical restraint methods 3 24 used against a person who has become combative. 3 25 Sec. . Section 321.47, Code Supplement 1999, is 3 26 amended by adding the following new unnumbered 3 27 paragraph: 3 28 NEW UNNUMBERED PARAGRAPH. A person convicted of a 3 29 violation of this section is guilty of a simple 3 30 misdemeanor punishable as a scheduled violation under 3 31 section 805.8, subsection 2, paragraph "ad". 3 32 Sec. . Section 321.91, subsection 2, Code 1999, 3 33 is amended to read as follows: 3 34 2.AnyA personwho abandons a vehicle shall be3 35 convicted of a violation of this section is guilty of 3 36 a simple misdemeanor punishable as a scheduled 3 37 violation under section 805.8, subsection 2, paragraph 3 38 "m". 3 39 Sec. . Section 321.99, Code 1999, is amended to 3 40 read as follows: 3 41 321.99 FRAUDULENT USE OF REGISTRATION. 3 42 A person shall not knowingly lend to another a 3 43 registration card, registration plate, special plate, 3 44 or permit issued to the person if the other person 3 45 desiring to borrow the card, plate, or permit would 3 46 not be entitled to the use of it. A person shall not 3 47 knowingly permit the use of a registration card, 3 48 registration plate, special plate, or permit issued to 3 49 the person by one not entitled to it, nor shall a 3 50 person knowingly display upon a vehicle a registration 4 1 card, registration plate, special plate, or permit not 4 2 issued for that vehicle under this chapter. A person 4 3 convicted of a violation of this section is guilty of 4 4 a simple misdemeanor punishable as a scheduled 4 5 violation under section 805.8, subsection 2, paragraph 4 6 "o". 4 7 Sec. . Section 321.115, Code 1999, is amended 4 8 by adding the following new subsection: 4 9 NEW SUBSECTION. 5. A person convicted of a 4 10 violation of this section is guilty of a simple 4 11 misdemeanor punishable as a scheduled violation under 4 12 section 805.8, subsection 2, paragraph "o". 4 13 Sec. . Section 321.219, Code 1999, is amended 4 14 to read as follows: 4 15 321.219 PERMITTING UNAUTHORIZED MINOR TO DRIVE. 4 16NoA person shall not cause or knowingly permit the 4 17 person's child or ward under the age of eighteen years 4 18 to drive a motor vehicle upon any highway whensuch4 19 the minor is not authorizedhereunderunder this 4 20 section or in violation ofany of the provisions of4 21 this chapter. 4 22 A person convicted of a violation of this section 4 23 is guilty of a simple misdemeanor punishable as a 4 24 scheduled violation under section 805.8, subsection 2, 4 25 paragraph "w". 4 26 Sec. . Section 321.220, Code 1999, is amended 4 27 by adding the following new unnumbered paragraph: 4 28 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 29 violation of this section is guilty of a simple 4 30 misdemeanor punishable as a scheduled violation under 4 31 section 805.8, subsection 2, paragraph "w". 4 32 Sec. . Section 321.234A, Code Supplement 1999, 4 33 is amended by adding the following new unnumbered 4 34 paragraph: 4 35 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 36 violation of this section is guilty of a simple 4 37 misdemeanor punishable as a scheduled violation under 4 38 section 805.8, subsection 4, paragraph "b". 4 39 Sec. . Section 321.247, Code 1999, is amended 4 40 by adding the following new unnumbered paragraph: 4 41 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 42 violation of this section is guilty of a simple 4 43 misdemeanor punishable as a scheduled violation under 4 44 section 805.8, subsection 2, paragraph "e". 4 45 Sec. . Section 321.302, Code 1999, is amended 4 46 by adding the following new unnumbered paragraph: 4 47 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 48 violation of this section is guilty of a simple 4 49 misdemeanor punishable as a scheduled violation under 4 50 section 805.8, subsection 2, paragraph "h". 5 1 Sec. . Section 321.327, Code 1999, is amended 5 2 by adding the following new unnumbered paragraph: 5 3 NEW UNNUMBERED PARAGRAPH. A person convicted of a 5 4 violation of this section is guilty of a simple 5 5 misdemeanor punishable as a scheduled violation under 5 6 section 805.8, subsection 2, paragraph "i". 5 7 Sec. . Section 321.366, unnumbered paragraph 3, 5 8 Code 1999, is amended to read as follows: 5 9ViolationsA person convicted of a violation of 5 10 subsection 6 is guilty of a simple misdemeanor 5 11 punishable as a scheduled violation under section 5 12 805.8, subsection 2, paragraph "ai". Other violations 5 13 of this section are punishable as provided in section 5 14 321.482. 5 15 Sec. . Section 321.421, Code 1999, is amended 5 16 by adding the following new unnumbered paragraph: 5 17 NEW UNNUMBERED PARAGRAPH. A person convicted of a 5 18 violation of this section is guilty of a simple 5 19 misdemeanor punishable as a scheduled violation under 5 20 section 805.8, subsection 2, paragraph "e". 5 21 Sec. . Section 331.302, subsection 2, Code 5 22 Supplement 1999, is amended to read as follows: 5 23 2. A county shall not provide a penalty in excess 5 24 of atwofive hundred dollar fine or in excess of 5 25 thirty days imprisonment for the violation of an 5 26 ordinance. The criminal penalty surcharge required by 5 27 section 911.2 shall be added to a county fine and is 5 28 not a part of the county's penalty. 5 29 Sec. . Section 331.302, subsection 4A, 5 30 paragraph a, subparagraph (2), Code Supplement 1999, 5 31 is amended to read as follows: 5 32 (2) A portion of the Code of Iowa may be adopted 5 33 by reference only if the criminal penalty provided by 5 34 the law adopted does not exceed thirty days' 5 35 imprisonment or atwofive hundred dollar fine. 5 36 Sec. . Section 364.3, subsection 2, Code 5 37 Supplement 1999, is amended to read as follows: 5 38 2. A city shall not provide a penalty in excess of 5 39 atwofive hundred dollar fine or in excess of thirty 5 40 days imprisonment for the violation of an ordinance. 5 41 An amount equal to ten percent of all fines collected 5 42 by cities shall be deposited in the account 5 43 established in section 602.8108. However, one hundred 5 44 percent of all fines collected by a city pursuant to 5 45 section 321.236, subsection 1, shall be retained by 5 46 the city. The criminal penalty surcharge required by 5 47 section 911.2 shall be added to a city fine and is not 5 48 a part of the city's penalty. 5 49 Sec. . Section 380.10, subsection 2, Code 1999, 5 50 is amended to read as follows: 6 1 2. A portion of the Code of Iowa may be adopted by 6 2 reference only if the criminal penalty provided by the 6 3 law adopted does not exceed thirty days' imprisonment 6 4orand aonefive hundred dollar fine. 6 5 Sec. . Section 482.15, Code 1999, is amended to 6 6 read as follows: 6 7 482.15 PENALTIES. 6 8 A person who violatesa provision ofthis chapter 6 9 or a rule issued under this chapter is guilty of a 6 10 simple misdemeanor punishable as a scheduled violation 6 11 under section 805.8, subsection 5, paragraph "e". 6 12 Sec. . Section 483A.42, Code 1999, is amended 6 13 to read as follows: 6 14 483A.42 PENALTIES. 6 15 A person who violatesa provision ofthis chapter 6 16 is guilty of a simple misdemeanorand shall be fined6 17not less than ten dollars for each cited offense6 18 punishable as a scheduled violation under section 6 19 805.8, subsection 5, paragraph "e". 6 20 Sec. . Section 610A.3, subsection 1, paragraphs 6 21 a and b, Code 1999, are amended to read as follows: 6 22 a. The loss of some or all of thegood conduct6 23 earned time credits acquired by the inmate or 6 24 prisoner. Previous dismissals under section 610A.2 6 25 may be considered in determining the appropriate level 6 26 of penalty. 6 27 b. If the inmate or prisoner has nogood conduct6 28 earned time credits to deduct, the order of the court 6 29 or the disciplinary hearing may deduct up to fifty 6 30 percent of the average balance of the inmate account 6 31 under section 904.702 or of any prisoner account. 6 32 Sec. . NEW SECTION. 622.51A COMPUTER 6 33 PRINTOUTS. 6 34 For purposes of chapters 714 and 716, computer 6 35 printouts shall be admitted as evidence of any 6 36 computer software, program, or data contained in or 6 37 taken from a computer, notwithstanding an applicable 6 38 rule of evidence to the contrary. 6 39 Sec. . NEW SECTION. 702.1A COMPUTER 6 40 TERMINOLOGY. 6 41 For purposes of section 714.1, subsection 7A, and 6 42 section 716.6B: 6 43 1. "Computer" means an electronic device which 6 44 performs logical, arithmetical, and memory functions 6 45 by manipulation of electronic or magnetic impulses, 6 46 and includes all input, output, processing, storage, 6 47 computer software, and communication facilities which 6 48 are connected or related to the computer in a computer 6 49 system or computer network. 6 50 2. "Computer access" means to instruct, 7 1 communicate with, store data in, or retrieve data from 7 2 a computer, computer system, or computer network. 7 3 3. "Computer data" means a representation of 7 4 information, knowledge, facts, concepts, or 7 5 instructions that has been prepared or is being 7 6 prepared in a formalized manner and has been 7 7 processed, or is intended to be processed in a 7 8 computer. Computer data may be in any form including, 7 9 but not limited to, printouts, magnetic storage media, 7 10 punched cards, and as stored in the memory of a 7 11 computer. 7 12 4. "Computer network" means a set of related, 7 13 remotely connected devices and communication 7 14 facilities including two or more computers with 7 15 capability to transmit data among them through 7 16 communication facilities. 7 17 5. "Computer program" means an ordered set of 7 18 instructions or statements that, when executed by a 7 19 computer, causes the computer to process data. 7 20 6. "Computer services" means the use of a 7 21 computer, computer system, or computer network and 7 22 includes, but is not limited to, computer time, data 7 23 processing, and storage functions. 7 24 7. "Computer software" means a set of computer 7 25 programs, procedures, or associated documentation used 7 26 in the operation of a computer. 7 27 8. "Computer system" means related, connected or 7 28 unconnected, computers or peripheral equipment. 7 29 9. "Loss of property" means the greatest of the 7 30 following: 7 31 a. The retail value of the property involved. 7 32 b. The reasonable replacement or repair cost, 7 33 whichever is less. 7 34 10. "Loss of services" means the reasonable value 7 35 of the damage created by the unavailability or lack of 7 36 utility of the property or services involved until 7 37 repair or replacement can be effected. 7 38 Sec. . Section 702.14, Code 1999, is amended to 7 39 read as follows: 7 40 702.14 PROPERTY. 7 41 "Property" is anything of value, whether publicly 7 42 or privately owned, including but not limited to 7 43 computers and computer data, computer software, and 7 44 computer programs. The term includes both tangible 7 45 and intangible property, labor, and services. The 7 46 term includes all that is included in the terms "real 7 47 property" and "personal property". 7 48 Sec. . NEW SECTION. 702.20A VIDEO RENTAL 7 49 PROPERTY. 7 50 "Video rental property" means an audiovisual 8 1 recording, including a videotape, videodisc, or other 8 2 tangible medium of expression on which an audiovisual 8 3 work is recorded or otherwise stored, or any equipment 8 4 or supplies used to view the recording, and which is 8 5 held out for rental to the public in the ordinary 8 6 course of business. 8 7 Sec. . Section 709.8, unnumbered paragraph 2, 8 8 Code 1999, is amended to read as follows: 8 9 Any person who violates a provision of this section 8 10 shall, upon conviction, be guilty of a class "D" 8 11 felony. A person who violates a provision of this 8 12 section and who is sentenced to a term of confinement 8 13 shall also be sentenced to an additional term of 8 14 parole or work release not to exceed two years. The 8 15 board of parole shall determine whether the person 8 16 should be released on parole or placed in a work 8 17 release program. The sentence of an additional term 8 18 of parole or work release supervision shall commence 8 19 immediately upon the expiration of the preceding 8 20 sentence and shall be under the terms and conditions 8 21 as set out in chapter 906. Violations of parole or 8 22 work release shall be subject to the procedures set 8 23 out in chapter 905 or 908 or rules adopted under those 8 24 chapters. The sentence of an additional term of 8 25 parole or work release shall be consecutive to the 8 26 original term of confinement. 8 27 Sec. . Section 713.6A, Code 1999, is amended to 8 28 read as follows: 8 29 713.6A BURGLARY IN THE THIRD DEGREE. 8 30 1. All burglary which is not burglary in the first 8 31 degree or burglary in the second degree is burglary in 8 32 the third degree. Burglary in the third degree is a 8 33 class "D" felony. 8 34 2. Notwithstanding any other provision of the Code 8 35 to the contrary, a person who violates this section 8 36 may be sentenced to a combination of any intermediate 8 37 criminal sanction level or sublevel under section 8 38 901B.1, subsection 1. If a person is sentenced to 8 39 prison, the court, at its discretion, may sentence a 8 40 person to a maximum indeterminate term which is less 8 41 than the maximum term provided for class "D" felonies 8 42 under section 902.9, if mitigating circumstances 8 43 warrant a reduction in the maximum term and those 8 44 circumstances are stated specifically on the record. 8 45 The state may appeal the discretionary decision on the 8 46 grounds that the stated mitigating circumstances do 8 47 not warrant a reduction of the sentence. 8 48 Sec. . Section 714.1, Code 1999, is amended by 8 49 adding the following new subsections: 8 50 NEW SUBSECTION. 7A. Knowingly and without 9 1 authorization accesses or causes to be accessed a 9 2 computer, computer system, or computer network, or any 9 3 part thereof, for the purpose of obtaining computer 9 4 services, information, or property or knowingly and 9 5 without authorization and with the intent to 9 6 permanently deprive the owner of possession, takes, 9 7 transfers, conceals, or retains possession of a 9 8 computer, computer system, or computer network or any 9 9 computer software or computer program, or computer 9 10 data contained in a computer, computer system, or 9 11 computer network. 9 12 NEW SUBSECTION. 7B. a. Obtains the temporary use 9 13 of video rental property with the intent to deprive 9 14 the owner of the use and possession of the video 9 15 rental property without the consent of the owner. 9 16 b. Lawfully obtains the temporary use of video 9 17 rental property and fails to return the video rental 9 18 property by the agreed time with the intent to deprive 9 19 the owner of the use and possession of the video 9 20 rental property without the consent of the owner. The 9 21 aggregate value of the video rental property involved 9 22 shall be the original retail value of the video rental 9 23 property. 9 24 Sec. . NEW SECTION. 714.6A VIDEO RENTAL 9 25 PROPERTY THEFT – EVIDENCE OF INTENTION – AFFIRMATIVE 9 26 DEFENSE. 9 27 1. The fact that a person obtains possession of 9 28 video rental property by means of deception, including 9 29 but not limited to furnishing a false name, address, 9 30 or other identification to the owner, is evidence that 9 31 possession was obtained with intent to knowingly 9 32 deprive the owner of the use and possession of the 9 33 video rental property. 9 34 2. The fact that a person, having lawfully 9 35 obtained possession of video rental property, fails to 9 36 pay the owner the fair market value of the video 9 37 rental property or to return or make arrangements 9 38 acceptable to the owner to return the video rental 9 39 property to the owner, within forty-eight hours after 9 40 receipt of written notice and demand from the owner is 9 41 evidence of an intent to knowingly deprive the owner 9 42 of the use and possession of the video rental 9 43 property. 9 44 3. It shall be an affirmative defense to a 9 45 prosecution under section 714.1, subsection 7B, 9 46 paragraph "a", if the defendant in possession of video 9 47 rental property pays the owner the fair market value 9 48 of the video rental property or returns the property 9 49 to the owner within forty-eight hours of arrest, 9 50 together with any standard overdue charges for the 10 1 period that the owner was unlawfully deprived of 10 2 possession, but not to exceed one hundred twenty days, 10 3 and the value of the damage to the property, if any. 10 4 Sec. . Section 715A.2, Code 1999, is amended by 10 5 adding the following new subsection: 10 6 NEW SUBSECTION. 3. Notwithstanding any other 10 7 provision of the Code to the contrary a person who 10 8 violates this section may be sentenced to a 10 9 combination of any intermediate criminal sanction 10 10 level or sublevel under section 901B.1, subsection 1. 10 11 If a person is sentenced to prison, the court, at its 10 12 discretion may sentence a person to a maximum 10 13 indeterminate term which is less than the maximum term 10 14 provided for class "D" felonies under section 902.9 or 10 15 aggravated misdemeanors under section 903.1, if 10 16 mitigating circumstances warrant a reduction in the 10 17 maximum term and those circumstances are stated 10 18 specifically in the record. The state may appeal the 10 19 discretionary decision on the grounds that the stated 10 20 mitigating circumstances do not warrant a reduction of 10 21 the sentence. 10 22 Sec. . NEW SECTION. 716.6B UNAUTHORIZED 10 23 COMPUTER ACCESS. 10 24 A person who knowingly and without authorization 10 25 accesses a computer, computer system, or computer 10 26 network commits a simple misdemeanor. 10 27 Sec. . Section 722.4, Code 1999, is amended to 10 28 read as follows: 10 29 722.4 BRIBERY OF ELECTOR OR ELECTION OFFICIALS. 10 30 1. A person who offers, promises, or gives 10 31 anything of value or any benefit to any elector for 10 32 the purpose of influencing the elector's vote, in any 10 33 election authorized by law, or any elector who 10 34 receives anything of value or any benefit knowing that 10 35 it was given for such purpose, commits an aggravated 10 36 misdemeanor. 10 37 2. A person who offers, promises, or gives 10 38 anything of value or any benefit to any precinct 10 39 election official authorized by law, or to any 10 40 executive officer attending the same, conditioned on 10 41 some act done or omitted to be done contrary to the 10 42 person's official duty in relation to such election, 10 43 commits an aggravated misdemeanor. 10 44 Sec. . Section 722.8, Code 1999, is amended to 10 45 read as follows: 10 46 722.8 DURESS TO PREVENT OR PROCURE VOTING. 10 47 1. A person who unlawfully and by force, or 10 48 threats of force, prevents or endeavors to prevent an 10 49 elector from giving the elector's vote at any public 10 50 election commits an aggravated misdemeanor. 11 1 2. A person who procures, or endeavors to procure, 11 2 the vote of an elector for or against any candidate or 11 3 for or against any issue by means of violence, threats 11 4 of violence, or by any means of duress commits an 11 5 aggravated misdemeanor. 11 6 Sec. . Section 805.8, subsection 2, paragraph 11 7 e, Code Supplement 1999, is amended to read as 11 8 follows: 11 9 e. For improperly used or nonused or defective or 11 10 improper equipment under sections 321.383, 321.384, 11 11 321.385, 321.386, 321.398, 321.402, 321.403, 321.404, 11 12 321.409, 321.419, 321.420, 321.423, 321.430, and 11 13 321.433, the scheduled fine is twenty dollars. For 11 14 violations of sections 321.247 and 321.421, the 11 15 scheduled fine is one hundred dollars. 11 16 Sec. . Section 805.8, subsection 2, paragraph 11 17 h, Code Supplement 1999, is amended to read as 11 18 follows: 11 19 h. For operating, passing, turning, and standing 11 20 violations under section 321.236, subsections 3, 4, 9, 11 21 and 12, section 321.275, subsections 1 through 7, 11 22 sections 321.295, 321.297, 321.299, 321.303, 321.304, 11 23 subsections 1 and 2, sections 321.305, 321.306, 11 24 321.311, 321.312, 321.314, 321.315, 321.316, 321.318, 11 25 321.323, 321.340, 321.353, 321.354, 321.363, 321.365, 11 26321.366,321.368, 321.382, and 321.395, the scheduled 11 27 fine is fifteen dollars. For violations of section 11 28 321.302, the scheduled fine is one hundred dollars. 11 29 Sec. . Section 805.8, subsection 2, paragraph 11 30 i, Code Supplement 1999, is amended to read as 11 31 follows: 11 32 i. For violations involving failures to yield or 11 33 to observe pedestrians and other vehicles under 11 34 section 321.257, subsection 2, sections 321.288, 11 35 321.298, 321.307, 321.308, 321.313, 321.319, 321.320, 11 36 321.321, 321.329, 321.333, and 321.367, the scheduled 11 37 fine is twenty dollars. For violations of section 11 38 321.327, the scheduled fine is one hundred dollars. 11 39 Sec. . Section 805.8, subsection 2, paragraph 11 40 m, Code Supplement 1999, is amended to read as 11 41 follows: 11 42 m. For height, weight, length, width, and load 11 43 violations and towed vehicle violations under sections 11 44 321.309, 321.310, 321.381, 321.394, 321.437, 321.454, 11 45 321.455, 321.456, 321.457, 321.458, 321.461, and 11 46 321.462, the scheduled fine is twenty-five dollars. 11 47 For weight violations under sections 321.459 and 11 48 321.466, the scheduled fine is twenty dollars for each 11 49 two thousand pounds or fraction thereof of overweight. 11 50 For abandoned vehicles under section 321.91, the 12 1 scheduled fine is one hundred dollars. 12 2 Sec. . Section 805.8, subsection 2, paragraph 12 3 o, Code Supplement 1999, is amended to read as 12 4 follows: 12 5 o. For violation of registration provisions under 12 6 section 321.17; violation of intrastate hauling on 12 7 foreign registration under section 321.54; improper 12 8 operation or failure to register under section 321.55; 12 9 and violation of requirement for display of 12 10 registration or plates under section 321.98, the 12 11 scheduled fine is twenty dollars. For fraudulent use 12 12 of registration violations under section 321.99 and 12 13 violations of antique car registration requirements 12 14 under section 321.115, the scheduled fine is one 12 15 hundred dollars. 12 16 Sec. . Section 805.8, subsection 2, paragraph 12 17 v, Code Supplement 1999, is amended to read as 12 18 follows: 12 19 v. Violations of the schedule of axle and tandem 12 20 axle and gross or group of axle weight violations in 12 21 section 321.463 shall be scheduled violations subject 12 22 to the provisions, procedures and exceptions contained 12 23 in sections 805.6 to 805.11, irrespective of the 12 24 amount of the fine under that schedule. Violations of 12 25 the schedule of weight violations shall be chargeable, 12 26 where the fine charged does not exceed onehundred12 27 thousand dollars, only by uniform citation and 12 28 complaint. Violations of the schedule of weight 12 29 violations, where the fine charged exceeds onehundred12 30 thousand dollars shall, when the violation is admitted 12 31 and section 805.9 applies, be chargeable upon uniform 12 32 citation and complaint, indictment, or county 12 33 attorney's information, but otherwise, shall be 12 34 chargeable only upon indictment or county attorney's 12 35 information. 12 36 In all cases of charges under the schedule of 12 37 weight violations, the charge shall specify the amount 12 38 of fine charged under the schedule. Where a defendant 12 39 is convicted and the fine under the foregoing schedule 12 40 of weight violations exceeds onehundredthousand 12 41 dollars, the conviction shall be of an indictable 12 42 offense although section 805.9 is employed and whether 12 43 the violation is charged upon uniform citation and 12 44 complaint, indictment, or county attorney's 12 45 information. 12 46 Sec. . Section 805.8, subsection 2, paragraph 12 47 w, Code 1999, is amended to read as follows: 12 48 w. For failure to have a valid license or permit 12 49 for operating a motor vehicle on the highways of this 12 50 state pursuant to section 321.174, or permitting an 13 1 unauthorized minor to drive in violation of section 13 2 321.219, or permitting an unauthorized person to drive 13 3 in violation of section 321.220, the scheduled fine is 13 4 one hundred dollars. 13 5 Sec. . Section 805.8, subsection 2, paragraph 13 6 ad, Code Supplement 1999, is amended to read as 13 7 follows: 13 8 ad. For violations of section 321.57, the 13 9 scheduled fine is fifty dollars. For violations of 13 10 section 321.62, the scheduled fine is fifty dollars. 13 11 For violations of section 321.47, the scheduled fine 13 12 is one hundred dollars. 13 13 Sec. . Section 805.8, subsection 2, Code 13 14 Supplement 1999, is amended by adding the following 13 15 new paragraph: 13 16 NEW PARAGRAPH. ai. For violations of section 13 17 321.366, the scheduled fine is one hundred dollars. 13 18 Sec. . Section 805.8, subsection 4, paragraph 13 19 b, Code Supplement 1999, is amended to read as 13 20 follows: 13 21 b. For operating violations under section 321G.9, 13 22 subsections 1, 2, 3, 4, 5 and 7, sections 321G.11, and 13 23 321G.13, subsections 4 and 9, the scheduled fine is 13 24 twenty dollars. For violations of section 321.234A, 13 25 the scheduled fine is one hundred dollars. 13 26 Sec. . Section 805.8, subsection 5, paragraph 13 27 e, Code Supplement 1999, is amended to read as 13 28 follows: 13 29 e. For violations of sections 481A.85, 481A.93, 13 30 481A.95, 481A.120, 481A.137, 481B.5, 482.3,and482.9, 13 31 482.15, and 483A.42, the scheduled fine is one hundred 13 32 dollars. 13 33 Sec. . Section 901.5, subsection 9, paragraph 13 34 a, Code 1999, is amended to read as follows: 13 35 a. That the defendant's term of incarceration may 13 36 be reducedby as much as half offrom the maximum 13 37 sentence because of statutorygood conductearned 13 38 time, work credits, and program credits. 13 39 Sec. . Section 901.5A, Code Supplement 1999, is 13 40 amended by adding the following new subsection: 13 41 NEW SUBSECTION. 1A. A defendant may have a 13 42 judgment and sentence entered under section 901.5 13 43 reopened for resentencing if the following apply: 13 44 a. The sentence of the defendant is subject to a 13 45 maximum accumulation of good conduct time of fifteen 13 46 percent of the total sentence of confinement under 13 47 section 902.12. 13 48 b. The board of parole and the department of 13 49 corrections file a motion in the sentencing court to 13 50 reopen the sentence of the defendant. 14 1 c. The county attorney from the county which 14 2 prosecuted the defendant is served a copy of the 14 3 motion to reopen by certified mail. The motion shall 14 4 specify the county attorney has ninety days to consult 14 5 with the victim if possible and to file a written 14 6 objection. 14 7 d. The court, upon hearing, grants the motion. 14 8 Sec. . Section 901.5A, subsections 2 and 3, 14 9 Code Supplement 1999, are amended to read as follows: 14 10 2. Upon a finding by the court that the defendant 14 11 cooperated in the prosecution of other persons or upon 14 12 the court granting a motion to reopen the sentence by 14 13 the board of parole and the department of corrections, 14 14 the court may reduce the maximum sentence imposed 14 15 under the original sentencing order. 14 16 3. For purposes of calculatinggood conductearned 14 17 time under section 903A.2, the sentencing date for a 14 18 defendant whose sentence has been reopened under this 14 19 section shall be the date of the original sentencing 14 20 order. If the original sentence was subject to the 14 21 maximum accumulation of earned time of fifteen percent 14 22 of the total sentence of confinement under section 14 23 902.12, the maximum accumulation of earned time on the 14 24 new sentence of confinement shall be fifteen percent 14 25 of the new total sentence of confinement imposed by 14 26 the court upon reopening. Any earned time accumulated 14 27 on the original sentence shall be credited to the new 14 28 sentence upon reopening. 14 29 Sec. . Section 903A.2, Code 1999, is amended to 14 30 read as follows: 14 31 903A.2GOOD CONDUCT TIMEEARNED TIME. 14 32 1. Each inmate committed to the custody of the 14 33 director of the department of corrections is eligible 14 34forto earn a reduction of sentencefor good behavior14 35 in the manner provided in this section. For purposes 14 36 of calculating the amount of time by which an inmate's 14 37 sentence may be reduced, inmates shall be grouped into 14 38 the following two sentencing categories: 14 39 a. Category "A" sentences are those sentences 14 40 which are not subject to a maximum accumulation of 14 41good conductearned time of fifteen percent of the 14 42 total sentence of confinement under section 902.12. 14 43 To the extent provided in subsection 5, category "A" 14 44 sentences also include life sentences imposed under 14 45 section 902.1. An inmate of an institution under the 14 46 control of the department of corrections who is 14 47 serving a category "A" sentence is eligible for a 14 48 reduction of sentenceequal to one day for each day of14 49good conduct while committed to one of the14 50department's institutions. In addition, each inmate15 1who is serving a category "A" sentence is eligible for15 2an additional reduction of up to five days per month15 3if the inmate participates satisfactorily in any of15 4the following activitiesequal to one and two-tenths 15 5 days for each day the inmate demonstrates good conduct 15 6 and satisfactorily participates in any program or 15 7 placement status identified by the director to earn 15 8 the reduction. The programs include but are not 15 9 limited to the following: 15 10 (1) Employment in the institution. 15 11 (2) Iowa state industries. 15 12 (3) An employment program established by the 15 13 director. 15 14 (4) A treatment program established by the 15 15 director. 15 16 (5) An inmate educational program approved by the 15 17 director. 15 18 b. Category "B" sentences are those sentences 15 19 which are subject to a maximum accumulation ofgood15 20conductearned time of fifteen percent of the total 15 21 sentence of confinement under section 902.12. An 15 22 inmate of an institution under the control of the 15 23 department of corrections who is serving a category 15 24 "B" sentence is eligible for a reduction of sentence 15 25 equal to fifteen eighty-fifths of a day for each day 15 26 of good conduct by the inmate. 15 27 2.Good conductEarned timeearnedaccrued 15 28 pursuant to this section may be forfeited in the 15 29 manner prescribed in section 903A.3. 15 30 3. Time served in a jail or another facility prior 15 31 to actual placement in an institution under the 15 32 control of the department of corrections and credited 15 33 against the sentence by the court shall accrue for the 15 34 purpose of reduction of sentence under this section. 15 35 Time which elapses during an escape shall not accrue 15 36 for purposes of reduction of sentence under this 15 37 section. 15 38 4. Time which elapses between the date on which a 15 39 person is incarcerated, based upon a determination of 15 40 the board of parole that a violation of parole has 15 41 occurred, and the date on which the violation of 15 42 parole was committed shall not accrue for purposes of 15 43 reduction of sentence under this section. 15 44 5.Good conductEarned time accrued by inmates 15 45 serving life sentences imposed under section 902.1 15 46 shall not reduce the life sentence, but shall be 15 47 credited against the inmate's sentence if the life 15 48 sentence is commuted to a term of years under section 15 49 902.2. 15 50 Sec. . Section 903A.3, subsections 1 and 3, 16 1 Code 1999, are amended to read as follows: 16 2 1. Upon finding that an inmate has violated an 16 3 institutional rule, or has had an action or appeal 16 4 dismissed under section 610A.2, the independent 16 5 administrative law judge may order forfeiture of any 16 6 or allgood conductearned timeearnedaccrued and not 16 7 forfeited up to the date of the violation by the 16 8 inmate and may order forfeiture of any or allgood16 9conductearned timeearnedaccrued and not forfeited 16 10 up to the date the action or appeal is dismissed, 16 11 unless the court entered such an order under section 16 12 610A.3. The independent administrative law judge has 16 13 discretion within the guidelines established pursuant 16 14 to section 903A.4, to determine the amount of time 16 15 that should be forfeited based upon the severity of 16 16 the violation. Prior violations by the inmate may be 16 17 considered by the administrative law judge in the 16 18 decision. 16 19 3. The director of the Iowa department of 16 20 corrections or the director's designee, may restore 16 21 all or any portion of previously forfeitedgood16 22conductearned time for acts of heroism or for 16 23 meritorious actions. The director shall establish by 16 24 rule the requirements as to which activities may 16 25 warrant the restoration ofgood conductearned time 16 26 and the amount ofgood conductearned time to be 16 27 restored. 16 28 Sec. . Section 903A.4, Code 1999, is amended to 16 29 read as follows: 16 30 903A.4 POLICIES AND PROCEDURES. 16 31 The director of the Iowa department of corrections 16 32 shall develop policy and procedural rules to implement 16 33 sections 903A.1 through 903A.3. The rules may specify 16 34 disciplinary offenses which may result in the loss of 16 35good conductearned time, and the amount ofgood16 36conductearned time which may be lost as a result of 16 37 each disciplinary offense. The director shall 16 38 establish rules as to what constitutes "satisfactory 16 39 participation" for purposes ofadditionala reduction 16 40 ofsentence under section 903A.3, for employment in16 41the institution, in Iowa state industries, in an16 42inmate employment program established by the director,16 43or for participation in an educational program16 44approved by the director, when such employment or16 45programs are availablesentence under section 903A.2, 16 46 for programs that are available or unavailable. The 16 47 rules shall specify that earned time shall be 16 48 calculated on a monthly basis as it accrues. The 16 49 department shall generate an earned time report for 16 50 each inmate which shall include the amount of actual 17 1 time served, the number of earned time credits which 17 2 have not been lost or forfeited, and the amount of 17 3 time remaining on an inmate's sentence. 17 4 Sec. . Section 903A.5, unnumbered paragraph 1, 17 5 Code Supplement 1999, is amended to read as follows: 17 6 An inmate shall not be discharged from the custody 17 7 of the director of the Iowa department of corrections 17 8 until the inmate has served the full term for which 17 9 the inmate was sentenced, lessgood conductearned 17 10 time and other credits earned and not forfeited, 17 11 unless the inmate is pardoned or otherwise legally 17 12 released.Good conductEarned timeearnedaccrued and 17 13 not forfeited shall apply to reduce a mandatory 17 14 minimum sentence being served pursuant to section 17 15 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An 17 16 inmate shall be deemed to be serving the sentence from 17 17 the day on which the inmate is received into the 17 18 institution. If an inmate was confined to a county 17 19 jail or other correctional or mental facility at any 17 20 time prior to sentencing, or after sentencing but 17 21 prior to the case having been decided on appeal, 17 22 because of failure to furnish bail or because of being 17 23 charged with a nonbailable offense, the inmate shall 17 24 be given credit for the days already served upon the 17 25 term of the sentence. However, if a person commits 17 26 any offense while confined in a county jail or other 17 27 correctional or mental health facility, the person 17 28 shall not be granted jail credit for that offense. 17 29 Unless the inmate was confined in a correctional 17 30 facility, the sheriff of the county in which the 17 31 inmate was confined shall certify to the clerk of the 17 32 district court from which the inmate was sentenced and 17 33 to the department of corrections' records 17 34 administrator at the Iowa medical and classification 17 35 center the number of days so served. The department 17 36 of corrections' records administrator, or the 17 37 administrator's designee, shall apply jail credit as 17 38 ordered by the court of proper jurisdiction or as 17 39 authorized by this section and section 907.3, 17 40 subsection 3, and shall forward a copy of the number 17 41 of days served to the clerk of the district court from 17 42 which the inmate was sentenced. 17 43 Sec. . Section 903A.5, unnumbered paragraph 2, 17 44 Code Supplement 1999, is amended to read as follows: 17 45 An inmate shall not receive credit upon the 17 46 inmate's sentence for time spent in custody in another 17 47 state resisting return to Iowa following an escape, or17 48for time served. However, an inmate shall receive 17 49 credit upon the inmate's sentence while incarcerated 17 50 in an institution or jail of another jurisdiction 18 1 during any period of time the person is receiving 18 2 credit upon a sentence of that other jurisdiction. 18 3 Sec. . Section 903A.7, Code 1999, is amended to 18 4 read as follows: 18 5 903A.7 SEPARATE SENTENCES. 18 6 Consecutive multiple sentences that are within the 18 7 same category under section 903A.2 shall be construed 18 8 as one continuous sentence for purposes of calculating 18 9 reductions of sentence forgood conductearned time. 18 10 If a person is sentenced to serve sentences of both 18 11 categories, category "B" sentences shall be served 18 12 before category "A" sentences are served, andgood18 13conductearned timeearnedaccrued against the 18 14 category "B" sentences shall not be used to reduce the 18 15 category "A" sentences. If an inmate serving a 18 16 category "A" sentence is sentenced to serve a category 18 17 "B" sentence, the category "A" sentence shall be 18 18 interrupted, and no furthergood conductearned time 18 19 shall accrue against that sentence until the category 18 20 "B" sentence is completed." 18 21 #28. Page 26, by inserting after line 7 the 18 22 following: 18 23 "Sec. . Section 904.513, subsection 1, Code 18 24 1999, is amended to read as follows: 18 25 1. a. The department of corrections, in 18 26 cooperation with the judicial district departments of 18 27 correctional services, shall establish in each 18 28 judicial district a continuum of programming for the 18 29 supervision and treatment of offenders convicted of 18 30 violating chapter 321J who are sentenced to the 18 31 custody of the director. The continuum shall include 18 32 a range of sanctioning options that include, but are 18 33 not limited to, prisons and residential facilities. 18 34 b. (1) The department of corrections shall 18 35 develop standardized assessment criteria for the 18 36 assignment of offenders pursuant to this chapter. 18 37 (2) Offenders convicted of violating chapter 321J, 18 38 sentenced to the custody of the director, and awaiting 18 39 placement in a community residential substance abuse 18 40 treatment program for such offenders shall be placed 18 41 in an institutional substance abuse program for such 18 42 offenders within sixty days of admission to the 18 43 institution or as soon as practical. When placing 18 44 offenders convicted of violating chapter 321J in 18 45 community residential substance abuse treatment 18 46 programs for such offenders, the department shall give 18 47 priority as appropriate to the placement of those 18 48 offenders currently in institutional substance abuse 18 49 programs for such offenders. The department shall 18 50 work with each judicial district to enable such 19 1 offenders to enter community residential substance 19 2 abuse treatment programs at a level comparable to 19 3 their prior institutional program participation. 19 4 (3) Assignment shall be for the purposes of risk 19 5 management and substance abuse treatment and may 19 6 include education or work programs when the offender 19 7 is not participating in other program components. 19 8 (4) Assignment may also be made on the basis of 19 9 the offender's treatment program performance, as a 19 10 disciplinary measure, for medical needs, and for space 19 11 availability at community residential facilities. If 19 12 there is insufficient space at a community residential 19 13 facility, the court may order an offender to be 19 14 released to the supervision of the judicial district 19 15 department of correctional services or held in jail." 19 16 #29. Page 27, by inserting after line 13 the 19 17 following: 19 18 "Sec. 101. CONVERSION OF GOOD CONDUCT TIME. On 19 19 the effective date of this Act, the department shall 19 20 convert the existing accrued good conduct time and 19 21 other accrued reductions on each inmate's sentence to 19 22 earned time. An inmate's sentence shall be credited 19 23 with one day of earned time for every one day of 19 24 reduction credited under section 903A.2 and not lost 19 25 or forfeited under section 903A.3. The earned time 19 26 credited to an inmate's sentence shall equal the 19 27 amount of good conduct time or other reductions 19 28 credited which have not been lost or forfeited prior 19 29 to January 1, 2001. The department shall provide an 19 30 inmate with the number of earned time credits which 19 31 have been applied to the inmate's sentence as a result 19 32 of the conversion by February 1, 2001." 19 33 #30. Page 27, by inserting after line 23 the 19 34 following: 19 35 "Sec. . SEX OFFENDER REGISTRY – STUDY. The 19 36 legislative council is requested to establish a 19 37 legislative interim committee to study issues 19 38 concerning the operation of the sex offender registry 19 39 program pursuant to chapter 692A. The committee 19 40 should be directed to assess the current effectiveness 19 41 of the sex offender registry program and to consider, 19 42 among other issues, the method of determining 19 43 placement on the registry, the timeliness of 19 44 information placed on the registry, and the 19 45 dissemination of information on the registry. In 19 46 conducting its study, the committee should examine the 19 47 effectiveness of sex offender registry programs in 19 48 other states and should consider testimony from 19 49 interested stakeholders involved in Iowa's sex 19 50 offender registry program at both the state and local 20 1 level. The interim committee should submit a report, 20 2 including its findings and recommendations, to the 20 3 general assembly for the 2001 legislative session." 20 4 #31. Page 27, by inserting after line 23 the 20 5 following: 20 6 "Sec. . Chapter 714C, Code 1999, is repealed. 20 7 Sec. . Chapter 716A, Code 1999 and Code 20 8 Supplement 1999, is repealed. 20 9 Sec. . Sections 722.6 and 722.9, Code 1999, are 20 10 repealed. 20 11 Sec. . EFFECTIVE DATE. The amendments in this 20 12 Act to chapter 903A, and section 101 of this Act 20 13 converting good conduct time, take effect on January 20 14 1, 2001." 20 15 #32. Title page, line 2, by inserting after the 20 16 word "statutory" the following: "and criminal 20 17 penalty". 20 18 #33. By renumbering, relettering, or redesignating 20 19 and correcting internal references as necessary. 20 20 HF 2552S 20 21 ec/cc/26
Text: H09076 Text: H09078 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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