Text: S05597 Text: S05599 Text: S05500 - S05599 Text: S 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 25, by inserting after line 14 the 1 4 following: 1 5 "Sec. . Section 123.3, Code 1999, is amended by 1 6 adding the following new subsection: 1 7 NEW SUBSECTION. 12A. "Designated security 1 8 employee" means an agent or employee of a licensee or 1 9 permittee who is primarily employed for security 1 10 purposes at a commercial establishment licensed or 1 11 permitted under chapter 123. 1 12 Sec. . Section 123.31, Code 1999, is amended by 1 13 adding the following new subsection: 1 14 NEW SUBSECTION. 6A. A statement, if required by 1 15 the local authority, indicating whether all designated 1 16 security employees have received training and 1 17 certification as provided in section 123.32. 1 18 Sec. . Section 123.32, Code 1999, is amended by 1 19 adding the following new subsection: 1 20 NEW SUBSECTION. 3A. A local authority, as a 1 21 condition of obtaining a license or permit for on 1 22 premises consumption, may require a designated 1 23 security employee as defined in section 123.3, to be 1 24 trained and certified in security methods. The 1 25 training shall include but is not limited to mediation 1 26 techniques, civil rights or unfair practices awareness 1 27 as provided in section 216.7, and providing 1 28 instruction on the proper physical restraint methods 1 29 used against a person who has become combative. 1 30 Sec. . Section 321.47, Code Supplement 1999, is 1 31 amended by adding the following new unnumbered 1 32 paragraph: 1 33 NEW UNNUMBERED PARAGRAPH. A person convicted of a 1 34 violation of this section is guilty of a simple 1 35 misdemeanor punishable as a scheduled violation under 1 36 section 805.8, subsection 2, paragraph "ad". 1 37 Sec. . Section 321.91, subsection 2, Code 1999, 1 38 is amended to read as follows: 1 39 2.AnyA personwho abandons a vehicle shall be1 40 convicted of a violation of this section is guilty of 1 41 a simple misdemeanor punishable as a scheduled 1 42 violation under section 805.8, subsection 2, paragraph 1 43 "m". 1 44 Sec. . Section 321.99, Code 1999, is amended to 1 45 read as follows: 1 46 321.99 FRAUDULENT USE OF REGISTRATION. 1 47 A person shall not knowingly lend to another a 1 48 registration card, registration plate, special plate, 1 49 or permit issued to the person if the other person 1 50 desiring to borrow the card, plate, or permit would 2 1 not be entitled to the use of it. A person shall not 2 2 knowingly permit the use of a registration card, 2 3 registration plate, special plate, or permit issued to 2 4 the person by one not entitled to it, nor shall a 2 5 person knowingly display upon a vehicle a registration 2 6 card, registration plate, special plate, or permit not 2 7 issued for that vehicle under this chapter. A person 2 8 convicted of a violation of this section is guilty of 2 9 a simple misdemeanor punishable as a scheduled 2 10 violation under section 805.8, subsection 2, paragraph 2 11 "o". 2 12 Sec. . Section 321.115, Code 1999, is amended 2 13 by adding the following new subsection: 2 14 NEW SUBSECTION. 5. A person convicted of a 2 15 violation of this section is guilty of a simple 2 16 misdemeanor punishable as a scheduled violation under 2 17 section 805.8, subsection 2, paragraph "o". 2 18 Sec. . Section 321.219, Code 1999, is amended 2 19 to read as follows: 2 20 321.219 PERMITTING UNAUTHORIZED MINOR TO DRIVE. 2 21NoA person shall not cause or knowingly permit the 2 22 person's child or ward under the age of eighteen years 2 23 to drive a motor vehicle upon any highway whensuch2 24 the minor is not authorizedhereunderunder this 2 25 section or in violation ofany of the provisions of2 26 this chapter. 2 27 A person convicted of a violation of this section 2 28 is guilty of a simple misdemeanor punishable as a 2 29 scheduled violation under section 805.8, subsection 2, 2 30 paragraph "w". 2 31 Sec. . Section 321.220, Code 1999, is amended 2 32 by adding the following new unnumbered paragraph: 2 33 NEW UNNUMBERED PARAGRAPH. A person convicted of a 2 34 violation of this section is guilty of a simple 2 35 misdemeanor punishable as a scheduled violation under 2 36 section 805.8, subsection 2, paragraph "w". 2 37 Sec. . Section 321.234A, Code Supplement 1999, 2 38 is amended by adding the following new unnumbered 2 39 paragraph: 2 40 NEW UNNUMBERED PARAGRAPH. A person convicted of a 2 41 violation of this section is guilty of a simple 2 42 misdemeanor punishable as a scheduled violation under 2 43 section 805.8, subsection 4, paragraph "b". 2 44 Sec. . Section 321.247, Code 1999, is amended 2 45 by adding the following new unnumbered paragraph: 2 46 NEW UNNUMBERED PARAGRAPH. A person convicted of a 2 47 violation of this section is guilty of a simple 2 48 misdemeanor punishable as a scheduled violation under 2 49 section 805.8, subsection 2, paragraph "e". 2 50 Sec. . Section 321.302, Code 1999, is amended 3 1 by adding the following new unnumbered paragraph: 3 2 NEW UNNUMBERED PARAGRAPH. A person convicted of a 3 3 violation of this section is guilty of a simple 3 4 misdemeanor punishable as a scheduled violation under 3 5 section 805.8, subsection 2, paragraph "h". 3 6 Sec. . Section 321.327, Code 1999, is amended 3 7 by adding the following new unnumbered paragraph: 3 8 NEW UNNUMBERED PARAGRAPH. A person convicted of a 3 9 violation of this section is guilty of a simple 3 10 misdemeanor punishable as a scheduled violation under 3 11 section 805.8, subsection 2, paragraph "i". 3 12 Sec. . Section 321.366, unnumbered paragraph 3, 3 13 Code 1999, is amended to read as follows: 3 14ViolationsA person convicted of a violation of 3 15 subsection 6 is guilty of a simple misdemeanor 3 16 punishable as a scheduled violation under section 3 17 805.8, subsection 2, paragraph "ai". Other violations 3 18 of this section are punishable as provided in section 3 19 321.482. 3 20 Sec. . Section 321.421, Code 1999, is amended 3 21 by adding the following new unnumbered paragraph: 3 22 NEW UNNUMBERED PARAGRAPH. A person convicted of a 3 23 violation of this section is guilty of a simple 3 24 misdemeanor punishable as a scheduled violation under 3 25 section 805.8, subsection 2, paragraph "e". 3 26 Sec. . Section 331.302, subsection 2, Code 3 27 Supplement 1999, is amended to read as follows: 3 28 2. A county shall not provide a penalty in excess 3 29 of atwofive hundred dollar fine or in excess of 3 30 thirty days imprisonment for the violation of an 3 31 ordinance. The criminal penalty surcharge required by 3 32 section 911.2 shall be added to a county fine and is 3 33 not a part of the county's penalty. 3 34 Sec. . Section 331.302, subsection 4A, 3 35 paragraph a, subparagraph (2), Code Supplement 1999, 3 36 is amended to read as follows: 3 37 (2) A portion of the Code of Iowa may be adopted 3 38 by reference only if the criminal penalty provided by 3 39 the law adopted does not exceed thirty days' 3 40 imprisonment or atwofive hundred dollar fine. 3 41 Sec. . Section 364.3, subsection 2, Code 3 42 Supplement 1999, is amended to read as follows: 3 43 2. A city shall not provide a penalty in excess of 3 44 atwofive hundred dollar fine or in excess of thirty 3 45 days imprisonment for the violation of an ordinance. 3 46 An amount equal to ten percent of all fines collected 3 47 by cities shall be deposited in the account 3 48 established in section 602.8108. However, one hundred 3 49 percent of all fines collected by a city pursuant to 3 50 section 321.236, subsection 1, shall be retained by 4 1 the city. The criminal penalty surcharge required by 4 2 section 911.2 shall be added to a city fine and is not 4 3 a part of the city's penalty. 4 4 Sec. . Section 380.10, subsection 2, Code 1999, 4 5 is amended to read as follows: 4 6 2. A portion of the Code of Iowa may be adopted by 4 7 reference only if the criminal penalty provided by the 4 8 law adopted does not exceed thirty days' imprisonment 4 9orand aonefive hundred dollar fine. 4 10 Sec. . Section 482.15, Code 1999, is amended to 4 11 read as follows: 4 12 482.15 PENALTIES. 4 13 A person who violatesa provision ofthis chapter 4 14 or a rule issued under this chapter is guilty of a 4 15 simple misdemeanor punishable as a scheduled violation 4 16 under section 805.8, subsection 5, paragraph "e". 4 17 Sec. . Section 483A.42, Code 1999, is amended 4 18 to read as follows: 4 19 483A.42 PENALTIES. 4 20 A person who violatesa provision ofthis chapter 4 21 is guilty of a simple misdemeanorand shall be fined4 22not less than ten dollars for each cited offense4 23 punishable as a scheduled violation under section 4 24 805.8, subsection 5, paragraph "e". 4 25 Sec. . Section 610A.3, subsection 1, paragraphs 4 26 a and b, Code 1999, are amended to read as follows: 4 27 a. The loss of some or all of thegood conduct4 28 earned time credits acquired by the inmate or 4 29 prisoner. Previous dismissals under section 610A.2 4 30 may be considered in determining the appropriate level 4 31 of penalty. 4 32 b. If the inmate or prisoner has nogood conduct4 33 earned time credits to deduct, the order of the court 4 34 or the disciplinary hearing may deduct up to fifty 4 35 percent of the average balance of the inmate account 4 36 under section 904.702 or of any prisoner account. 4 37 Sec. . NEW SECTION. 622.51A COMPUTER 4 38 PRINTOUTS. 4 39 For purposes of chapters 714 and 716, computer 4 40 printouts shall be admitted as evidence of any 4 41 computer software, program, or data contained in or 4 42 taken from a computer, notwithstanding an applicable 4 43 rule of evidence to the contrary. 4 44 Sec. . NEW SECTION. 702.1A COMPUTER 4 45 TERMINOLOGY. 4 46 For purposes of section 714.1, subsection 7A, and 4 47 section 716.6B: 4 48 1. "Computer" means an electronic device which 4 49 performs logical, arithmetical, and memory functions 4 50 by manipulation of electronic or magnetic impulses, 5 1 and includes all input, output, processing, storage, 5 2 computer software, and communication facilities which 5 3 are connected or related to the computer in a computer 5 4 system or computer network. 5 5 2. "Computer access" means to instruct, 5 6 communicate with, store data in, or retrieve data from 5 7 a computer, computer system, or computer network. 5 8 3. "Computer data" means a representation of 5 9 information, knowledge, facts, concepts, or 5 10 instructions that has been prepared or is being 5 11 prepared in a formalized manner and has been 5 12 processed, or is intended to be processed in a 5 13 computer. Computer data may be in any form including, 5 14 but not limited to, printouts, magnetic storage media, 5 15 punched cards, and as stored in the memory of a 5 16 computer. 5 17 4. "Computer network" means a set of related, 5 18 remotely connected devices and communication 5 19 facilities including two or more computers with 5 20 capability to transmit data among them through 5 21 communication facilities. 5 22 5. "Computer program" means an ordered set of 5 23 instructions or statements that, when executed by a 5 24 computer, causes the computer to process data. 5 25 6. "Computer services" means the use of a 5 26 computer, computer system, or computer network and 5 27 includes, but is not limited to, computer time, data 5 28 processing, and storage functions. 5 29 7. "Computer software" means a set of computer 5 30 programs, procedures, or associated documentation used 5 31 in the operation of a computer. 5 32 8. "Computer system" means related, connected or 5 33 unconnected, computers or peripheral equipment. 5 34 9. "Loss of property" means the greatest of the 5 35 following: 5 36 a. The retail value of the property involved. 5 37 b. The reasonable replacement or repair cost, 5 38 whichever is less. 5 39 10. "Loss of services" means the reasonable value 5 40 of the damage created by the unavailability or lack of 5 41 utility of the property or services involved until 5 42 repair or replacement can be effected. 5 43 Sec. . Section 702.14, Code 1999, is amended to 5 44 read as follows: 5 45 702.14 PROPERTY. 5 46 "Property" is anything of value, whether publicly 5 47 or privately owned, including but not limited to 5 48 computers and computer data, computer software, and 5 49 computer programs. The term includes both tangible 5 50 and intangible property, labor, and services. The 6 1 term includes all that is included in the terms "real 6 2 property" and "personal property". 6 3 Sec. . NEW SECTION. 702.20A VIDEO RENTAL 6 4 PROPERTY. 6 5 "Video rental property" means an audiovisual 6 6 recording, including a videotape, videodisc, or other 6 7 tangible medium of expression on which an audiovisual 6 8 work is recorded or otherwise stored, or any equipment 6 9 or supplies used to view the recording, and which is 6 10 held out for rental to the public in the ordinary 6 11 course of business. 6 12 Sec. . Section 709.8, unnumbered paragraph 2, 6 13 Code 1999, is amended to read as follows: 6 14 Any person who violates a provision of this section 6 15 shall, upon conviction, be guilty of a class "D" 6 16 felony. A person who violates a provision of this 6 17 section and who is sentenced to a term of confinement 6 18 shall also be sentenced to an additional term of 6 19 parole or work release not to exceed two years. The 6 20 board of parole shall determine whether the person 6 21 should be released on parole or placed in a work 6 22 release program. The sentence of an additional term 6 23 of parole or work release supervision shall commence 6 24 immediately upon the expiration of the preceding 6 25 sentence and shall be under the terms and conditions 6 26 as set out in chapter 906. Violations of parole or 6 27 work release shall be subject to the procedures set 6 28 out in chapter 905 or 908 or rules adopted under those 6 29 chapters. The sentence of an additional term of 6 30 parole or work release shall be consecutive to the 6 31 original term of confinement. 6 32 Sec. . Section 713.6A, Code 1999, is amended to 6 33 read as follows: 6 34 713.6A BURGLARY IN THE THIRD DEGREE. 6 35 1. All burglary which is not burglary in the first 6 36 degree or burglary in the second degree is burglary in 6 37 the third degree. Burglary in the third degree is a 6 38 class "D" felony. 6 39 2. Notwithstanding any other provision of the Code 6 40 to the contrary, a person who violates this section 6 41 may be sentenced to a combination of any intermediate 6 42 criminal sanction level or sublevel under section 6 43 901B.1, subsection 1. If a person is sentenced to 6 44 prison, the court, at its discretion, may sentence a 6 45 person to a maximum indeterminate term which is less 6 46 than the maximum term provided for class "D" felonies 6 47 under section 902.9, if mitigating circumstances 6 48 warrant a reduction in the maximum term and those 6 49 circumstances are stated specifically on the record. 6 50 The state may appeal the discretionary decision on the 7 1 grounds that the stated mitigating circumstances do 7 2 not warrant a reduction of the sentence. 7 3 Sec. . Section 714.1, Code 1999, is amended by 7 4 adding the following new subsections: 7 5 NEW SUBSECTION. 7A. Knowingly and without 7 6 authorization accesses or causes to be accessed a 7 7 computer, computer system, or computer network, or any 7 8 part thereof, for the purpose of obtaining computer 7 9 services, information, or property or knowingly and 7 10 without authorization and with the intent to 7 11 permanently deprive the owner of possession, takes, 7 12 transfers, conceals, or retains possession of a 7 13 computer, computer system, or computer network or any 7 14 computer software or computer program, or computer 7 15 data contained in a computer, computer system, or 7 16 computer network. 7 17 NEW SUBSECTION. 7B. a. Obtains the temporary use 7 18 of video rental property with the intent to deprive 7 19 the owner of the use and possession of the video 7 20 rental property without the consent of the owner. 7 21 b. Lawfully obtains the temporary use of video 7 22 rental property and fails to return the video rental 7 23 property by the agreed time with the intent to deprive 7 24 the owner of the use and possession of the video 7 25 rental property without the consent of the owner. The 7 26 aggregate value of the video rental property involved 7 27 shall be the original retail value of the video rental 7 28 property. 7 29 Sec. . NEW SECTION. 714.6A VIDEO RENTAL 7 30 PROPERTY THEFT – EVIDENCE OF INTENTION – AFFIRMATIVE 7 31 DEFENSE. 7 32 1. The fact that a person obtains possession of 7 33 video rental property by means of deception, including 7 34 but not limited to furnishing a false name, address, 7 35 or other identification to the owner, is evidence that 7 36 possession was obtained with intent to knowingly 7 37 deprive the owner of the use and possession of the 7 38 video rental property. 7 39 2. The fact that a person, having lawfully 7 40 obtained possession of video rental property, fails to 7 41 pay the owner the fair market value of the video 7 42 rental property or to return or make arrangements 7 43 acceptable to the owner to return the video rental 7 44 property to the owner, within forty-eight hours after 7 45 receipt of written notice and demand from the owner is 7 46 evidence of an intent to knowingly deprive the owner 7 47 of the use and possession of the video rental 7 48 property. 7 49 3. It shall be an affirmative defense to a 7 50 prosecution under section 714.1, subsection 7B, 8 1 paragraph "a", if the defendant in possession of video 8 2 rental property pays the owner the fair market value 8 3 of the video rental property or returns the property 8 4 to the owner within forty-eight hours of arrest, 8 5 together with any standard overdue charges for the 8 6 period that the owner was unlawfully deprived of 8 7 possession, but not to exceed one hundred twenty days, 8 8 and the value of the damage to the property, if any. 8 9 Sec. . Section 715A.2, Code 1999, is amended by 8 10 adding the following new subsection: 8 11 NEW SUBSECTION. 3. Notwithstanding any other 8 12 provision of the Code to the contrary a person who 8 13 violates this section may be sentenced to a 8 14 combination of any intermediate criminal sanction 8 15 level or sublevel under section 901B.1, subsection 1. 8 16 If a person is sentenced to prison, the court, at its 8 17 discretion may sentence a person to a maximum 8 18 indeterminate term which is less than the maximum term 8 19 provided for class "D" felonies under section 902.9 or 8 20 aggravated misdemeanors under section 903.1, if 8 21 mitigating circumstances warrant a reduction in the 8 22 maximum term and those circumstances are stated 8 23 specifically in the record. The state may appeal the 8 24 discretionary decision on the grounds that the stated 8 25 mitigating circumstances do not warrant a reduction of 8 26 the sentence. 8 27 Sec. . NEW SECTION. 716.6B UNAUTHORIZED 8 28 COMPUTER ACCESS. 8 29 A person who knowingly and without authorization 8 30 accesses a computer, computer system, or computer 8 31 network commits a simple misdemeanor. 8 32 Sec. . Section 722.4, Code 1999, is amended to 8 33 read as follows: 8 34 722.4 BRIBERY OF ELECTOR OR ELECTION OFFICIALS. 8 35 1. A person who offers, promises, or gives 8 36 anything of value or any benefit to any elector for 8 37 the purpose of influencing the elector's vote, in any 8 38 election authorized by law, or any elector who 8 39 receives anything of value or any benefit knowing that 8 40 it was given for such purpose, commits an aggravated 8 41 misdemeanor. 8 42 2. A person who offers, promises, or gives 8 43 anything of value or any benefit to any precinct 8 44 election official authorized by law, or to any 8 45 executive officer attending the same, conditioned on 8 46 some act done or omitted to be done contrary to the 8 47 person's official duty in relation to such election, 8 48 commits an aggravated misdemeanor. 8 49 Sec. . Section 722.8, Code 1999, is amended to 8 50 read as follows: 9 1 722.8 DURESS TO PREVENT OR PROCURE VOTING. 9 2 1. A person who unlawfully and by force, or 9 3 threats of force, prevents or endeavors to prevent an 9 4 elector from giving the elector's vote at any public 9 5 election commits an aggravated misdemeanor. 9 6 2. A person who procures, or endeavors to procure, 9 7 the vote of an elector for or against any candidate or 9 8 for or against any issue by means of violence, threats 9 9 of violence, or by any means of duress commits an 9 10 aggravated misdemeanor. 9 11 Sec. . Section 805.8, subsection 2, paragraph 9 12 e, Code Supplement 1999, is amended to read as 9 13 follows: 9 14 e. For improperly used or nonused or defective or 9 15 improper equipment under sections 321.383, 321.384, 9 16 321.385, 321.386, 321.398, 321.402, 321.403, 321.404, 9 17 321.409, 321.419, 321.420, 321.423, 321.430, and 9 18 321.433, the scheduled fine is twenty dollars. For 9 19 violations of sections 321.247 and 321.421, the 9 20 scheduled fine is one hundred dollars. 9 21 Sec. . Section 805.8, subsection 2, paragraph 9 22 h, Code Supplement 1999, is amended to read as 9 23 follows: 9 24 h. For operating, passing, turning, and standing 9 25 violations under section 321.236, subsections 3, 4, 9, 9 26 and 12, section 321.275, subsections 1 through 7, 9 27 sections 321.295, 321.297, 321.299, 321.303, 321.304, 9 28 subsections 1 and 2, sections 321.305, 321.306, 9 29 321.311, 321.312, 321.314, 321.315, 321.316, 321.318, 9 30 321.323, 321.340, 321.353, 321.354, 321.363, 321.365, 9 31321.366,321.368, 321.382, and 321.395, the scheduled 9 32 fine is fifteen dollars. For violations of section 9 33 321.302, the scheduled fine is one hundred dollars. 9 34 Sec. . Section 805.8, subsection 2, paragraph 9 35 i, Code Supplement 1999, is amended to read as 9 36 follows: 9 37 i. For violations involving failures to yield or 9 38 to observe pedestrians and other vehicles under 9 39 section 321.257, subsection 2, sections 321.288, 9 40 321.298, 321.307, 321.308, 321.313, 321.319, 321.320, 9 41 321.321, 321.329, 321.333, and 321.367, the scheduled 9 42 fine is twenty dollars. For violations of section 9 43 321.327, the scheduled fine is one hundred dollars. 9 44 Sec. . Section 805.8, subsection 2, paragraph 9 45 m, Code Supplement 1999, is amended to read as 9 46 follows: 9 47 m. For height, weight, length, width, and load 9 48 violations and towed vehicle violations under sections 9 49 321.309, 321.310, 321.381, 321.394, 321.437, 321.454, 9 50 321.455, 321.456, 321.457, 321.458, 321.461, and 10 1 321.462, the scheduled fine is twenty-five dollars. 10 2 For weight violations under sections 321.459 and 10 3 321.466, the scheduled fine is twenty dollars for each 10 4 two thousand pounds or fraction thereof of overweight. 10 5 For abandoned vehicles under section 321.91, the 10 6 scheduled fine is one hundred dollars. 10 7 Sec. . Section 805.8, subsection 2, paragraph 10 8 o, Code Supplement 1999, is amended to read as 10 9 follows: 10 10 o. For violation of registration provisions under 10 11 section 321.17; violation of intrastate hauling on 10 12 foreign registration under section 321.54; improper 10 13 operation or failure to register under section 321.55; 10 14 and violation of requirement for display of 10 15 registration or plates under section 321.98, the 10 16 scheduled fine is twenty dollars. For fraudulent use 10 17 of registration violations under section 321.99 and 10 18 violations of antique car registration requirements 10 19 under section 321.115, the scheduled fine is one 10 20 hundred dollars. 10 21 Sec. . Section 805.8, subsection 2, paragraph 10 22 v, Code Supplement 1999, is amended to read as 10 23 follows: 10 24 v. Violations of the schedule of axle and tandem 10 25 axle and gross or group of axle weight violations in 10 26 section 321.463 shall be scheduled violations subject 10 27 to the provisions, procedures and exceptions contained 10 28 in sections 805.6 to 805.11, irrespective of the 10 29 amount of the fine under that schedule. Violations of 10 30 the schedule of weight violations shall be chargeable, 10 31 where the fine charged does not exceed onehundred10 32 thousand dollars, only by uniform citation and 10 33 complaint. Violations of the schedule of weight 10 34 violations, where the fine charged exceeds onehundred10 35 thousand dollars shall, when the violation is admitted 10 36 and section 805.9 applies, be chargeable upon uniform 10 37 citation and complaint, indictment, or county 10 38 attorney's information, but otherwise, shall be 10 39 chargeable only upon indictment or county attorney's 10 40 information. 10 41 In all cases of charges under the schedule of 10 42 weight violations, the charge shall specify the amount 10 43 of fine charged under the schedule. Where a defendant 10 44 is convicted and the fine under the foregoing schedule 10 45 of weight violations exceeds onehundredthousand 10 46 dollars, the conviction shall be of an indictable 10 47 offense although section 805.9 is employed and whether 10 48 the violation is charged upon uniform citation and 10 49 complaint, indictment, or county attorney's 10 50 information. 11 1 Sec. . Section 805.8, subsection 2, paragraph 11 2 w, Code 1999, is amended to read as follows: 11 3 w. For failure to have a valid license or permit 11 4 for operating a motor vehicle on the highways of this 11 5 state pursuant to section 321.174, or permitting an 11 6 unauthorized minor to drive in violation of section 11 7 321.219, or permitting an unauthorized person to drive 11 8 in violation of section 321.220, the scheduled fine is 11 9 one hundred dollars. 11 10 Sec. . Section 805.8, subsection 2, paragraph 11 11 ad, Code Supplement 1999, is amended to read as 11 12 follows: 11 13 ad. For violations of section 321.57, the 11 14 scheduled fine is fifty dollars. For violations of 11 15 section 321.62, the scheduled fine is fifty dollars. 11 16 For violations of section 321.47, the scheduled fine 11 17 is one hundred dollars. 11 18 Sec. . Section 805.8, subsection 2, Code 11 19 Supplement 1999, is amended by adding the following 11 20 new paragraph: 11 21 NEW PARAGRAPH. ai. For violations of section 11 22 321.366, the scheduled fine is one hundred dollars. 11 23 Sec. . Section 805.8, subsection 4, paragraph 11 24 b, Code Supplement 1999, is amended to read as 11 25 follows: 11 26 b. For operating violations under section 321G.9, 11 27 subsections 1, 2, 3, 4, 5 and 7, sections 321G.11, and 11 28 321G.13, subsections 4 and 9, the scheduled fine is 11 29 twenty dollars. For violations of section 321.234A, 11 30 the scheduled fine is one hundred dollars. 11 31 Sec. . Section 805.8, subsection 5, paragraph 11 32 e, Code Supplement 1999, is amended to read as 11 33 follows: 11 34 e. For violations of sections 481A.85, 481A.93, 11 35 481A.95, 481A.120, 481A.137, 481B.5, 482.3,and482.9, 11 36 482.15, and 483A.42, the scheduled fine is one hundred 11 37 dollars. 11 38 Sec. . Section 901.5, subsection 9, paragraph 11 39 a, Code 1999, is amended to read as follows: 11 40 a. That the defendant's term of incarceration may 11 41 be reducedby as much as half offrom the maximum 11 42 sentence because of statutorygood conductearned 11 43 time, work credits, and program credits. 11 44 Sec. . Section 901.5A, Code Supplement 1999, is 11 45 amended by adding the following new subsection: 11 46 NEW SUBSECTION. 1A. A defendant may have a 11 47 judgment and sentence entered under section 901.5 11 48 reopened for resentencing if the following apply: 11 49 a. The sentence of the defendant is subject to a 11 50 maximum accumulation of good conduct time of fifteen 12 1 percent of the total sentence of confinement under 12 2 section 902.12. 12 3 b. The board of parole and the department of 12 4 corrections file a motion in the sentencing court to 12 5 reopen the sentence of the defendant. 12 6 c. The county attorney from the county which 12 7 prosecuted the defendant is served a copy of the 12 8 motion to reopen by certified mail. The motion shall 12 9 specify the county attorney has ninety days to consult 12 10 with the victim if possible and to file a written 12 11 objection. 12 12 d. The court, upon hearing, grants the motion. 12 13 Sec. . Section 901.5A, subsections 2 and 3, 12 14 Code Supplement 1999, are amended to read as follows: 12 15 2. Upon a finding by the court that the defendant 12 16 cooperated in the prosecution of other persons or upon 12 17 the court granting a motion to reopen the sentence by 12 18 the board of parole and the department of corrections, 12 19 the court may reduce the maximum sentence imposed 12 20 under the original sentencing order. 12 21 3. For purposes of calculatinggood conductearned 12 22 time under section 903A.2, the sentencing date for a 12 23 defendant whose sentence has been reopened under this 12 24 section shall be the date of the original sentencing 12 25 order. If the original sentence was subject to the 12 26 maximum accumulation of earned time of fifteen percent 12 27 of the total sentence of confinement under section 12 28 902.12, the maximum accumulation of earned time on the 12 29 new sentence of confinement shall be fifteen percent 12 30 of the new total sentence of confinement imposed by 12 31 the court upon reopening. Any earned time accumulated 12 32 on the original sentence shall be credited to the new 12 33 sentence upon reopening. 12 34 Sec. . Section 903A.2, Code 1999, is amended to 12 35 read as follows: 12 36 903A.2GOOD CONDUCT TIMEEARNED TIME. 12 37 1. Each inmate committed to the custody of the 12 38 director of the department of corrections is eligible 12 39forto earn a reduction of sentencefor good behavior12 40 in the manner provided in this section. For purposes 12 41 of calculating the amount of time by which an inmate's 12 42 sentence may be reduced, inmates shall be grouped into 12 43 the following two sentencing categories: 12 44 a. Category "A" sentences are those sentences 12 45 which are not subject to a maximum accumulation of 12 46good conductearned time of fifteen percent of the 12 47 total sentence of confinement under section 902.12. 12 48 To the extent provided in subsection 5, category "A" 12 49 sentences also include life sentences imposed under 12 50 section 902.1. An inmate of an institution under the 13 1 control of the department of corrections who is 13 2 serving a category "A" sentence is eligible for a 13 3 reduction of sentenceequal to one day for each day of13 4good conduct while committed to one of the13 5department's institutions. In addition, each inmate13 6who is serving a category "A" sentence is eligible for13 7an additional reduction of up to five days per month13 8if the inmate participates satisfactorily in any of13 9the following activitiesequal to one and two-tenths 13 10 days for each day the inmate demonstrates good conduct 13 11 and satisfactorily participates in any program or 13 12 placement status identified by the director to earn 13 13 the reduction. The programs include but are not 13 14 limited to the following: 13 15 (1) Employment in the institution. 13 16 (2) Iowa state industries. 13 17 (3) An employment program established by the 13 18 director. 13 19 (4) A treatment program established by the 13 20 director. 13 21 (5) An inmate educational program approved by the 13 22 director. 13 23 b. Category "B" sentences are those sentences 13 24 which are subject to a maximum accumulation ofgood13 25conductearned time of fifteen percent of the total 13 26 sentence of confinement under section 902.12. An 13 27 inmate of an institution under the control of the 13 28 department of corrections who is serving a category 13 29 "B" sentence is eligible for a reduction of sentence 13 30 equal to fifteen eighty-fifths of a day for each day 13 31 of good conduct by the inmate. 13 32 2.Good conductEarned timeearnedaccrued 13 33 pursuant to this section may be forfeited in the 13 34 manner prescribed in section 903A.3. 13 35 3. Time served in a jail or another facility prior 13 36 to actual placement in an institution under the 13 37 control of the department of corrections and credited 13 38 against the sentence by the court shall accrue for the 13 39 purpose of reduction of sentence under this section. 13 40 Time which elapses during an escape shall not accrue 13 41 for purposes of reduction of sentence under this 13 42 section. 13 43 4. Time which elapses between the date on which a 13 44 person is incarcerated, based upon a determination of 13 45 the board of parole that a violation of parole has 13 46 occurred, and the date on which the violation of 13 47 parole was committed shall not accrue for purposes of 13 48 reduction of sentence under this section. 13 49 5.Good conductEarned time accrued by inmates 13 50 serving life sentences imposed under section 902.1 14 1 shall not reduce the life sentence, but shall be 14 2 credited against the inmate's sentence if the life 14 3 sentence is commuted to a term of years under section 14 4 902.2. 14 5 Sec. . Section 903A.3, subsections 1 and 3, 14 6 Code 1999, are amended to read as follows: 14 7 1. Upon finding that an inmate has violated an 14 8 institutional rule, or has had an action or appeal 14 9 dismissed under section 610A.2, the independent 14 10 administrative law judge may order forfeiture of any 14 11 or allgood conductearned timeearnedaccrued and not 14 12 forfeited up to the date of the violation by the 14 13 inmate and may order forfeiture of any or allgood14 14conductearned timeearnedaccrued and not forfeited 14 15 up to the date the action or appeal is dismissed, 14 16 unless the court entered such an order under section 14 17 610A.3. The independent administrative law judge has 14 18 discretion within the guidelines established pursuant 14 19 to section 903A.4, to determine the amount of time 14 20 that should be forfeited based upon the severity of 14 21 the violation. Prior violations by the inmate may be 14 22 considered by the administrative law judge in the 14 23 decision. 14 24 3. The director of the Iowa department of 14 25 corrections or the director's designee, may restore 14 26 all or any portion of previously forfeitedgood14 27conductearned time for acts of heroism or for 14 28 meritorious actions. The director shall establish by 14 29 rule the requirements as to which activities may 14 30 warrant the restoration ofgood conductearned time 14 31 and the amount ofgood conductearned time to be 14 32 restored. 14 33 Sec. . Section 903A.4, Code 1999, is amended to 14 34 read as follows: 14 35 903A.4 POLICIES AND PROCEDURES. 14 36 The director of the Iowa department of corrections 14 37 shall develop policy and procedural rules to implement 14 38 sections 903A.1 through 903A.3. The rules may specify 14 39 disciplinary offenses which may result in the loss of 14 40good conductearned time, and the amount ofgood14 41conductearned time which may be lost as a result of 14 42 each disciplinary offense. The director shall 14 43 establish rules as to what constitutes "satisfactory 14 44 participation" for purposes ofadditionala reduction 14 45 ofsentence under section 903A.3, for employment in14 46the institution, in Iowa state industries, in an14 47inmate employment program established by the director,14 48or for participation in an educational program14 49approved by the director, when such employment or14 50programs are availablesentence under section 903A.2, 15 1 for programs that are available or unavailable. The 15 2 rules shall specify that earned time shall be 15 3 calculated on a monthly basis as it accrues. The 15 4 department shall generate an earned time report for 15 5 each inmate which shall include the amount of actual 15 6 time served, the number of earned time credits which 15 7 have not been lost or forfeited, and the amount of 15 8 time remaining on an inmate's sentence. 15 9 Sec. . Section 903A.5, unnumbered paragraph 1, 15 10 Code Supplement 1999, is amended to read as follows: 15 11 An inmate shall not be discharged from the custody 15 12 of the director of the Iowa department of corrections 15 13 until the inmate has served the full term for which 15 14 the inmate was sentenced, lessgood conductearned 15 15 time and other credits earned and not forfeited, 15 16 unless the inmate is pardoned or otherwise legally 15 17 released.Good conductEarned timeearnedaccrued and 15 18 not forfeited shall apply to reduce a mandatory 15 19 minimum sentence being served pursuant to section 15 20 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An 15 21 inmate shall be deemed to be serving the sentence from 15 22 the day on which the inmate is received into the 15 23 institution. If an inmate was confined to a county 15 24 jail or other correctional or mental facility at any 15 25 time prior to sentencing, or after sentencing but 15 26 prior to the case having been decided on appeal, 15 27 because of failure to furnish bail or because of being 15 28 charged with a nonbailable offense, the inmate shall 15 29 be given credit for the days already served upon the 15 30 term of the sentence. However, if a person commits 15 31 any offense while confined in a county jail or other 15 32 correctional or mental health facility, the person 15 33 shall not be granted jail credit for that offense. 15 34 Unless the inmate was confined in a correctional 15 35 facility, the sheriff of the county in which the 15 36 inmate was confined shall certify to the clerk of the 15 37 district court from which the inmate was sentenced and 15 38 to the department of corrections' records 15 39 administrator at the Iowa medical and classification 15 40 center the number of days so served. The department 15 41 of corrections' records administrator, or the 15 42 administrator's designee, shall apply jail credit as 15 43 ordered by the court of proper jurisdiction or as 15 44 authorized by this section and section 907.3, 15 45 subsection 3, and shall forward a copy of the number 15 46 of days served to the clerk of the district court from 15 47 which the inmate was sentenced. 15 48 Sec. . Section 903A.5, unnumbered paragraph 2, 15 49 Code Supplement 1999, is amended to read as follows: 15 50 An inmate shall not receive credit upon the 16 1 inmate's sentence for time spent in custody in another 16 2 state resisting return to Iowa following an escape, or16 3for time served. However, an inmate shall receive 16 4 credit upon the inmate's sentence while incarcerated 16 5 in an institution or jail of another jurisdiction 16 6 during any period of time the person is receiving 16 7 credit upon a sentence of that other jurisdiction. 16 8 Sec. . Section 903A.7, Code 1999, is amended to 16 9 read as follows: 16 10 903A.7 SEPARATE SENTENCES. 16 11 Consecutive multiple sentences that are within the 16 12 same category under section 903A.2 shall be construed 16 13 as one continuous sentence for purposes of calculating 16 14 reductions of sentence forgood conductearned time. 16 15 If a person is sentenced to serve sentences of both 16 16 categories, category "B" sentences shall be served 16 17 before category "A" sentences are served, andgood16 18conductearned timeearnedaccrued against the 16 19 category "B" sentences shall not be used to reduce the 16 20 category "A" sentences. If an inmate serving a 16 21 category "A" sentence is sentenced to serve a category 16 22 "B" sentence, the category "A" sentence shall be 16 23 interrupted, and no furthergood conductearned time 16 24 shall accrue against that sentence until the category 16 25 "B" sentence is completed." 16 26 #2. Page 26, by inserting after line 7 the 16 27 following: 16 28 "Sec. . Section 904.513, subsection 1, Code 16 29 1999, is amended to read as follows: 16 30 1. a. The department of corrections, in 16 31 cooperation with the judicial district departments of 16 32 correctional services, shall establish in each 16 33 judicial district a continuum of programming for the 16 34 supervision and treatment of offenders convicted of 16 35 violating chapter 321J who are sentenced to the 16 36 custody of the director. The continuum shall include 16 37 a range of sanctioning options that include, but are 16 38 not limited to, prisons and residential facilities. 16 39 b. (1) The department of corrections shall 16 40 develop standardized assessment criteria for the 16 41 assignment of offenders pursuant to this chapter. 16 42 (2) Offenders convicted of violating chapter 321J, 16 43 sentenced to the custody of the director, and awaiting 16 44 placement in a community residential substance abuse 16 45 treatment program for such offenders shall be placed 16 46 in an institutional substance abuse program for such 16 47 offenders within sixty days of admission to the 16 48 institution or as soon as practical. When placing 16 49 offenders convicted of violating chapter 321J in 16 50 community residential substance abuse treatment 17 1 programs for such offenders, the department shall give 17 2 priority as appropriate to the placement of those 17 3 offenders currently in institutional substance abuse 17 4 programs for such offenders. The department shall 17 5 work with each judicial district to enable such 17 6 offenders to enter community residential substance 17 7 abuse treatment programs at a level comparable to 17 8 their prior institutional program participation. 17 9 (3) Assignment shall be for the purposes of risk 17 10 management and substance abuse treatment and may 17 11 include education or work programs when the offender 17 12 is not participating in other program components. 17 13 (4) Assignment may also be made on the basis of 17 14 the offender's treatment program performance, as a 17 15 disciplinary measure, for medical needs, and for space 17 16 availability at community residential facilities. If 17 17 there is insufficient space at a community residential 17 18 facility, the court may order an offender to be 17 19 released to the supervision of the judicial district 17 20 department of correctional services or held in jail." 17 21 #3. Page 27, by inserting after line 13 the 17 22 following: 17 23 "Sec. 101. CONVERSION OF GOOD CONDUCT TIME. On 17 24 the effective date of this Act, the department shall 17 25 convert the existing accrued good conduct time and 17 26 other accrued reductions on each inmate's sentence to 17 27 earned time. An inmate's sentence shall be credited 17 28 with one day of earned time for every one day of 17 29 reduction credited under section 903A.2 and not lost 17 30 or forfeited under section 903A.3. The earned time 17 31 credited to an inmate's sentence shall equal the 17 32 amount of good conduct time or other reductions 17 33 credited which have not been lost or forfeited prior 17 34 to January 1, 2001. The department shall provide an 17 35 inmate with the number of earned time credits which 17 36 have been applied to the inmate's sentence as a result 17 37 of the conversion by February 1, 2001." 17 38 #4. Page 27, by inserting after line 23 the 17 39 following: 17 40 "Sec. . Chapter 714C, Code 1999, is repealed. 17 41 Sec. . Chapter 716A, Code 1999 and Code 17 42 Supplement 1999, is repealed. 17 43 Sec. . Sections 722.6 and 722.9, Code 1999, are 17 44 repealed. 17 45 Sec. . EFFECTIVE DATE. The amendments in this 17 46 Act to chapter 903A, and section 101 of this Act 17 47 converting good conduct time, take effect on January 17 48 1, 2001." 17 49 #5. Title page, line 2, by inserting after the 17 50 word "statutory" the following: "and criminal 18 1 penalty". 18 2 #6. By renumbering as necessary. 18 3 18 4 18 5 18 6 ANDY McKEAN 18 7 JEFF ANGELO 18 8 ROBERT E. DVORSKY 18 9 EUGENE S. FRAISE 18 10 O. GENE MADDOX 18 11 HF 2552.226 78 18 12 jm/gg
Text: S05597 Text: S05599 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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