Text: HF00670 Text: HF00672 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 901.10, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. A court sentencing a person forthe person's firsta 1 4 conviction under section 124.406, 124.413,or902.7, 902.8, 1 5 902.11, or 902.12 may, at its discretion, sentence the person 1 6 to a term less than provided by the statute if mitigating 1 7 circumstances exist and those circumstances are stated 1 8 specifically in the record. Mitigating circumstances include, 1 9 but are not limited to, the following: 1 10 a. The departure was the result of a plea bargain that was 1 11 not coerced. 1 12 b. The defendant aided and abetted in the offense but was 1 13 a relatively minor participant in the criminal conduct. 1 14 c. The capacity of the defendant to appreciate the 1 15 criminal nature of the conduct or to conform that conduct to 1 16 the requirements of law was substantially impaired. 1 17 d. The defendant requires specialized treatment for a 1 18 mental disorder that is unrelated to substance abuse or 1 19 addiction, or for physical disability, and the defendant is 1 20 amenable to treatment. 1 21 e. The need for payment of restitution to the victim 1 22 outweighs the need for a imprisonment or a longer period of 1 23 imprisonment. 1 24 f. The victim was the aggressor in the incident, or was a 1 25 willing participant, or provoked the incident. 1 26 g. The defendant acted under duress or under the 1 27 domination of another person. 1 28 h. The defendant cooperated to resolve the current offense 1 29 or any other offense. 1 30 i. The offense was an isolated incident for which the 1 31 defendant has shown remorse. 1 32 Sec. 2. Section 901.10, Code 1999, is amended by adding 1 33 the following new subsection: 1 34 NEW SUBSECTION. 1A. Mitigating circumstances do not 1 35 include the fact the defendant was under the influence of an 2 1 intoxicating beverage or a controlled substance during the 2 2 commission of the offense. 2 3 EXPLANATION 2 4 This bill provides discretion to the court to depart from 2 5 the imposition of a mandatory felony sentence if the court 2 6 finds that certain mitigating factors justify a downward 2 7 departure from the sentence. These factors include, but are 2 8 not limited to, the role the defendant had in the commission 2 9 of the crime, the capacity of the defendant to understand the 2 10 offense committed, the need for payment of restitution, 2 11 whether the victim participated in the offense, or whether the 2 12 defendant cooperated to resolve the offense or helped in the 2 13 prosecution of others. However, the court shall not consider 2 14 as a mitigating factor the fact the defendant was under the 2 15 influence of alcohol or drugs. If at the time of sentencing 2 16 the court finds that a mitigating factor does apply, the court 2 17 may reduce the mandatory term of the sentence to a lesser 2 18 sentence. 2 19 Generally, the bill affects the mandatory sentences of 2 20 certain drug-related felonies, a habitual offender, a person 2 21 convicted of a forcible felony, certain persons who use a 2 22 dangerous weapon during the commission of an offense, and 2 23 persons who are sentenced to serve a mandatory 85 percent of a 2 24 sentence without the possibility of parole. 2 25 LSB 1604YH 78 2 26 jm/gg/8
Text: HF00670 Text: HF00672 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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