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House Amendment 1295

Amendment Text

PAG LIN
  1  1    Amend House File 646 as follows:
  1  2    #1.  Page 1, lines 6 and 7, by striking the words
  1  3 "corrections, confined for not more than five years
  1  4 but not less than thirty days" and inserting the
  1  5 following:  "corrections for an indeterminate term not
  1  6 to exceed five years".
  1  7    #2.  Page 1, line 9, by inserting after the words
  1  8 "hundred dollars." the following:  "A person convicted
  1  9 of a third or subsequent offense shall be confined for
  1 10 a mandatory minimum of thirty days."
  1 11    #3.  Page 1, lines 13 and 14, by striking the words
  1 12 "or committed to treatment in the community under
  1 13 section 907.6".
  1 14    #4.  Page 1, line 18, by inserting after the word
  1 15 "jail" the following:  ", and may commit the offender
  1 16 to treatment in the community under section 907.6".
  1 17    #5.  Page 1, by inserting after line 18 the
  1 18 following:
  1 19    "Sec.    .  Section 902.3, Code 2001, is amended to
  1 20 read as follows:
  1 21    902.3  INDETERMINATE SENTENCE.
  1 22    When a judgment of conviction of a felony other
  1 23 than a class "A" felony is entered against a person,
  1 24 the court, in imposing a sentence of confinement,
  1 25 shall commit the person into the custody of the
  1 26 director of the Iowa department of corrections for an
  1 27 indeterminate term, the maximum length of which shall
  1 28 not exceed the limits as fixed by section 902.9,
  1 29 unless otherwise prescribed by statute, nor shall the
  1 30 term be less than the minimum term imposed by law, if
  1 31 a minimum sentence is provided.  However, if the court
  1 32 may sentence a person convicted of a class "D" felony
  1 33 for a violation of section 321J.2 to imprisonment for
  1 34 up to one year in a county jail under section 902.9,
  1 35 subsection 5, and the person shall not be under the
  1 36 custody of the director of the Iowa department of
  1 37 corrections suspends an offender's sentence of
  1 38 commitment to the custody of the director of the
  1 39 department of corrections under section 321J.2,
  1 40 subsection 2, paragraph "c", the court shall order the
  1 41 offender to serve time in the county jail as provided
  1 42 in section 321J.2, subsection 2, paragraph "c",
  1 43 notwithstanding any provision to the contrary in
  1 44 section 903.4.
  1 45    Sec.    .  Section 902.9, subsection 5, Code 2001,
  1 46 is amended to read as follows:
  1 47    5.  A class "D" felon, not an habitual offender,
  1 48 shall be confined for no more than five years, and in
  1 49 addition shall be sentenced to a fine of at least
  1 50 seven hundred fifty dollars but not more than seven
  2  1 thousand five hundred dollars.  A class "D" felon,
  2  2 such felony being for a violation of section 321J.2,
  2  3 may be sentenced to imprisonment for up to one year in
  2  4 the county jail."
  2  5    #6.  By renumbering as necessary.  
  2  6 
  2  7 
  2  8                               
  2  9 TREMMEL of Wapello 
  2 10 HF 646.201 79
  2 11 nh/gg
     

Text: H01294                            Text: H01296
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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