Text: HF00670                           Text: HF00672
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 671

Partial Bill History

Bill Text

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 for the person's first a
  1  4 conviction under section 124.406, 124.413, or 902.7, 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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