Text: HSB00096 Text: HSB00098 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph c, 1 2 Code 1999, is amended to read as follows: 1 3 c. Violation of this subsection with respect to the 1 4 following controlled substances, counterfeit substances, or 1 5 simulated controlled substances is a class "C" felony, and in 1 6 addition to the provisions of section 902.9, subsection 3, 1 7 shall be punished by a fine of not less thanonetwo thousand 1 8 dollars nor more than fifty thousand dollars: 1 9 Sec. 2. Section 124.401, subsection 1, paragraph d, Code 1 10 1999, is amended to read as follows: 1 11 d. Violation of this subsection, with respect to any other 1 12 controlled substances, counterfeit substances, or simulated 1 13 controlled substances classified in schedule IV or V is an 1 14 aggravated misdemeanor. However, violation of this subsection 1 15 involving fifty kilograms or less of marijuana is a class "D" 1 16 felony, and in addition to the provisions of section 902.9,1 17subsection 4, shall be punished by a fine of not less than one1 18thousand dollars nor more than seven thousand five hundred1 19dollars. 1 20 Sec. 3. Section 707.3, Code 1999, is amended to read as 1 21 follows: 1 22 707.3 MURDER IN THE SECOND DEGREE. 1 23 A person commits murder in the second degree when the 1 24 person commits murder which is not murder in the first degree. 1 25 Murder in the second degree is a class "B" felony. 1 26 However, notwithstanding section 902.9, subsection 1, the 1 27 maximum sentence for a person convicted under this section 1 28 shall be a period of confinement of not more than fifty years, 1 29 which shall be in addition to the imposition of any other 1 30 authorized sentence. 1 31 Sec. 4. Section 708.2A, subsection 6, paragraph b, Code 1 32 1999, is amended to read as follows: 1 33 b. A person convicted of violating subsection 4 shall be 1 34 sentenced as provided under section 902.9, subsection 4, 1 35committed to the custody of the director of the department of2 1corrections, and shall be assessed a fine of at least seven2 2hundred fifty dollars. The personand shall be denied parole 2 3 or work release until the person has served a minimum of one 2 4 year of the person's sentence. Notwithstanding section 901.5, 2 5 subsection 3, and section 907.3, subsection 3, the person 2 6 cannot receive a suspended or deferred sentence or a deferred 2 7 judgment; however, the person sentenced shall receive credit 2 8 for any time the person was confined in a jail or detention 2 9 facility following arrest. 2 10 Sec. 5. Section 716.10, subsection 2, paragraph a, Code 2 11 1999, is amended to read as follows: 2 12 2. a. A person commits railroad vandalism in the first 2 13 degree if the person intentionally commits railroad vandalism 2 14 which results in the death of any person. Railroad vandalism 2 15 in the first degree is a class "B" felony. However, 2 16 notwithstanding section 902.9, subsection 1, the maximum 2 17 sentence for a person convicted under this section shall be a 2 18 period of confinement of not more than fifty years, which 2 19 shall be in addition to the imposition of any other authorized 2 20 sentence. 2 21 Sec. 6. Section 724.4A, subsection 2, Code 1999, is 2 22 amended to read as follows: 2 23 2. Notwithstanding sections 902.9 and 903.1, a person who 2 24 commits a public offense involving a firearm or offensive 2 25 weapon, within a weapons free zone, in violation of this or 2 26 any other chapter shall be subject to a fine of twice the 2 27 maximum amount which may otherwise be imposed for the public 2 28 offense, in addition to the imposition of any other authorized 2 29 sentence. 2 30 Sec. 7. Section 726.6A, Code 1999, is amended to read as 2 31 follows: 2 32 726.6A MULTIPLE ACTS OF CHILD ENDANGERMENT – PENALTY. 2 33 A person who engages in a course of conduct including three 2 34 or more acts of child endangerment as defined in section 726.6 2 35 within a period of twelve months involving the same child or a 3 1 minor with a mental or physical disability, where one or more 3 2 of the acts results in serious injury to the child or minor or 3 3 results in a skeletal injury to a child under the age of four 3 4 years, is guilty of a class "B" felony. Notwithstanding 3 5 section 902.9, subsection 1, a person convicted of a violation 3 6 of this section shall be confined for no more than fifty 3 7 years, which shall be in addition to the imposition of any 3 8 other authorized sentence. 3 9 Sec. 8. Section 902.9, subsection 1, Code 1999, is amended 3 10 to read as follows: 3 11 1. A class "B" felon shall be confined for no more than 3 12 twenty-five years, and in addition shall be sentenced to a 3 13 fine of at least three thousand dollars but not more than 3 14 twenty-five thousand dollars. 3 15 Sec. 9. Section 902.9, subsection 3, Code 1999, is amended 3 16 to read as follows: 3 17 3. A class "C" felon, not an habitual offender, shall be 3 18 confined for no more than ten years, and in additionmayshall 3 19 be sentenced to a fine of at leastfive hundredtwo thousand 3 20 dollars but not more than ten thousand dollars. 3 21 Sec. 10. Section 902.9, subsection 4, Code 1999, is 3 22 amended to read as follows: 3 23 4. A class "D" felon, not an habitual offender, shall be 3 24 confined for no more than five years, and in additionmay3 25 shall be sentenced to a fine of at leastfive hundredone 3 26 thousand dollars but not more than seven thousand five hundred 3 27 dollars. A class "D" felon, such felony being for a violation 3 28 of section 321J.2, may be sentenced to imprisonment for up to 3 29 one year in the county jail. 3 30 The criminal penalty surcharge required by section 911.2 3 31 shall be added to a fine imposed on a class "B", "C", orclass3 32 "D" felon, as provided by that section, and is not a part of 3 33 or subject to the maximums set in this section. 3 34 EXPLANATION 3 35 This bill imposes a mandatory fine for criminal offenses 4 1 categorized as class "B", "C", and "D" felonies. The bill 4 2 establishes the mandatory minimum fine for a class "B" felony 4 3 at $3,000, for a class "C" felony at $2,000, and for a class 4 4 "D" felony at $1,000. 4 5 The bill amends Code sections 124.401(1)(d), 707.3, 4 6 708.2A(6)(b), 716.10(2)(a), 724.4A(2), and 726.6A to permit a 4 7 court to impose a mandatory fine under Code section 902.9. 4 8 The bill raises the mandatory fine in Code section 124.401(c) 4 9 from $1,000 to $2,000, to correspond with the new mandatory 4 10 fine imposed for class "C" felonies. 4 11 Current law generally does not impose a mandatory fine upon 4 12 a conviction for a felony. However, under current law, if the 4 13 court imposes a fine for a class "C" or a class "D" felony, 4 14 the fine must be at least $500. 4 15 Currently, a class "B" felony is punishable by imprisonment 4 16 not to exceed 25 years. A class "C" felony is punishable by 4 17 imprisonment not to exceed 10 years and a fine of at least 4 18 $500 but not more than $10,000. A class "D" felony is 4 19 punishable by imprisonment not to exceed five years and a fine 4 20 of at least $500 but not more than $7,500. 4 21 LSB 1857HC 78 4 22 jm/sc/14
Text: HSB00096 Text: HSB00098 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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