Text: H01458                            Text: H01460
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 1459

Amendment Text

PAG LIN
  1  1    Amend Senate File 485, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, line 15, by inserting before the word
  1  4 "and" the following:  "jurisdiction in return of
  1  5 seized property proceedings as provided in section
  1  6 809.4,".
  1  7    #2.  Page 1, by inserting after line 19 the
  1  8 following:
  1  9    "Sec.    .  Section 809.4, Code 2001, is amended to
  1 10 read as follows:
  1 11    809.4  HEARING – APPEAL.
  1 12    An application for the return of seized property
  1 13 shall be set for hearing not less than five nor more
  1 14 than thirty days after the filing of the application
  1 15 and shall be tried to the court.  All claims to the
  1 16 same property shall be heard in one proceeding unless
  1 17 it is shown that the proceeding would result in
  1 18 prejudice to one or more of the parties.  If the total
  1 19 value of the property sought to be returned is less
  1 20 than five thousand dollars, the proceeding may be
  1 21 conducted by a magistrate or a district associate
  1 22 judge with appeal to be as in the case of small
  1 23 claims.  If the total value of the property sought to
  1 24 be returned is less than ten thousand dollars, the
  1 25 proceeding may be conducted by a district associate
  1 26 judge with appeal to be as in the case of small
  1 27 claims.  In all other cases, the hearing shall be
  1 28 conducted by a district judge, with appeal as provided
  1 29 in section 809.12A."
  1 30    #3.  Page 1, line 24, by striking the word "five"
  1 31 and inserting the following:  "ten".
  1 32    #4.  Page 1, by inserting after line 25, the
  1 33 following:
  1 34    "Sec.    .  Section 902.4, Code 2001, is amended to
  1 35 read as follows:
  1 36    902.4  RECONSIDERATION OF FELON'S SENTENCE.
  1 37    For a period of ninety days one year from the date
  1 38 when a person convicted of a felony, other than a
  1 39 class "A" felony or a felony for which a minimum
  1 40 sentence of confinement is imposed, begins to serve a
  1 41 sentence of confinement, the court, on its own motion
  1 42 or on the recommendation of the director of the Iowa
  1 43 department of corrections, may order the person to be
  1 44 returned to the court, at which time the court may
  1 45 review its previous action and reaffirm it or
  1 46 substitute for it any sentence permitted by law.
  1 47 Copies of the order to return the person to the court
  1 48 shall be provided to the attorney for the state, the
  1 49 defendant's attorney, and the defendant.  Upon a
  1 50 request of the attorney for the state, the defendant's
  2  1 attorney, or the defendant if the defendant has no
  2  2 attorney, the court may, but is not required to,
  2  3 conduct a hearing on the issue of reconsideration of
  2  4 sentence.  The court shall not disclose its decision
  2  5 to reconsider or not to reconsider the sentence of
  2  6 confinement until the date reconsideration is ordered
  2  7 or the date the ninety-day one-year period expires,
  2  8 whichever occurs first.  The district court retains
  2  9 jurisdiction for the limited purposes of conducting
  2 10 such review and entering an appropriate order
  2 11 notwithstanding the timely filing of a notice of
  2 12 appeal.  The court's final order in the proceeding
  2 13 shall be delivered to the defendant personally or by
  2 14 certified mail.  The court's decision to take the
  2 15 action or not to take the action is not subject to
  2 16 appeal.  However, for the purposes of appeal, a
  2 17 judgment of conviction of a felony is a final judgment
  2 18 when pronounced."
  2 19    #5.  Title page, line 1, by inserting after the
  2 20 word  "forfeiture" the following:  "and seized
  2 21 property".
  2 22    #6.  Title page, line 2, by inserting after the
  2 23 word "proceedings" the following:  ", and providing
  2 24 for reconsideration of a felon's sentence".
  2 25    #7.  By renumbering, relettering, or redesignating
  2 26 and correcting internal references as necessary.  
  2 27 
  2 28 
  2 29                               
  2 30 COMMITTEE ON JUDICIARY
  2 31 LARSON of Linn, Chairperson
  2 32 SF 485.203 79
  2 33 jm/gg
     

Text: H01458                            Text: H01460
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

© 2001 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Apr 11 03:35:34 CDT 2001
URL: /DOCS/GA/79GA/Legislation/H/01400/H01459/010409.html
jhf