Text: H08392 Text: H08394 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8338, to Senate File 2034, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by striking lines 5 through 23 and 1 5 inserting the following: 1 6 ""Sec. . Section 124.401, subsection 1, 1 7 paragraph a, subparagraph (2), Code 2001, is amended 1 8 by adding the following new subparagraph subdivision: 1 9 NEW SUBPARAGRAPH SUBDIVISION. (g) 3,4- 1 10 methylenedioxymethamphetamine (MDMA), its salts, 1 11 isomers, or salts of isomers. 1 12 Sec. . Section 124.401, subsection 1, paragraph 1 13 b, Code 2001, is amended by adding the following new 1 14 subparagraph: 1 15 NEW SUBPARAGRAPH. (9) More than ten grams but not 1 16 more than five kilograms of 3,4- 1 17 methylenedioxymethamphetamine (MDMA), its salts, 1 18 isomers, or salts of isomers, or any compound, mixture 1 19 or preparation which contains any quantity of 1 20 detectable amount of MDMA, its salts, isomers, or 1 21 salts of isomers. 1 22 Sec. . Section 124.401, subsection 1, paragraph 1 23 c, Code 2001, is amended by adding the following new 1 24 subparagraph: 1 25 NEW SUBPARAGRAPH. (7A) Ten grams or less of 3,4- 1 26 methylenedioxymethamphetamine (MDMA), its salts, 1 27 isomers, or salts of isomers, or any compound, mixture 1 28 or preparation which contains any quantity of 1 29 detectable amount of MDMA, its salts, isomers, or 1 30 salts of isomers. 1 31 Sec. . Section 124.401, subsection 4, 1 32 unnumbered paragraph 1, Code 2001, is amended to read 1 33 as follows: 1 34 A person who possesses any product containing any 1 35 of the following commits a class "D" felony, if the 1 36 person possesses with the intentto use the product1 37 that the product be used to manufacture any controlled 1 38 substance: 1 39 Sec. . Section 124.401A, Code 2001, is amended 1 40 to read as follows: 1 41 124.401A ENHANCED PENALTY FOR MANUFACTURE OR 1 42 DISTRIBUTION TO PERSONS ON CERTAIN REAL PROPERTY. 1 43 In addition to any other penalties provided in this 1 44 chapter, a person who is eighteen years of age or 1 45 older who unlawfully manufactures with intent to 1 46 distribute, distributes, or possesses with intent to 1 47 distribute a substance or counterfeit substance listed 1 48 in schedule I, II, or III, or a simulated controlled 1 49 substance represented to be a controlled substance 1 50 classified in schedule I, II, or III, to another 2 1 person who is eighteen years of age or older in or on, 2 2 or within one thousand feet of the real property 2 3 comprising a public or private elementary or secondary 2 4 school, public park, public swimming pool, public 2 5 recreation center, or on a marked school bus, may be 2 6 sentenced up to an additional term of confinement of 2 7 five years. 2 8 Sec. . Section 124.409, subsection 1, Code 2 9 2001, is amended by striking the subsection. 2 10 Sec. . Section 321J.2, subsection 3, paragraph 2 11 a, subparagraph (3), Code 2001, is amended by striking 2 12 the subparagraph. 2 13 Sec. . Section 462A.14, subsection 3, paragraph 2 14 a, subparagraph (3), Code 2001, is amended by striking 2 15 the subparagraph. 2 16 Sec. . Section 622.53, Code 2001, is amended to 2 17 read as follows: 2 18 622.53 JUDICIAL RECORD – STATE OR FEDERAL COURTS. 2 19 A judicial record of this state, including the 2 20 filed certified shorthand notes of the official court 2 21 reporter as transcribed or a court of the United 2 22 States may be proved by the production of the 2 23 original, or a copy of it certified by the clerk or 2 24 person having the legal custody of it, authenticated 2 25 by the custodian's seal of office, if there is a seal. 2 26ThatA judicial record of another state may be proved 2 27 by the attestation of the clerk and the seal of the 2 28 court annexed, if there is a seal, together with a2 29certificate of a judge, chief justice, or presiding2 30magistrate that the attestation is in due form of law. 2 31 Sec. . Section 711.3, Code 2001, is amended to 2 32 read as follows: 2 33 711.3 ROBBERY IN THE SECOND DEGREE. 2 34 All robbery which is not robbery in the first 2 35 degree is robbery in the second degree, except as 2 36 provided in section 711.3A. Robbery in the second 2 37 degree is a class "C" felony. 2 38 Sec. . NEW SECTION. 711.3A ROBBERY IN THE 2 39 THIRD DEGREE. 2 40 A person commits robbery in the third degree when, 2 41 while perpetrating a robbery, the person does not do 2 42 any of the following: cause injury, attempt to cause 2 43 injury, threaten to cause injury or to commit a 2 44 forcible felony, purposefully put another in fear of 2 45 injury, possess a firearm or dangerous weapon, commit 2 46 a theft of cash or an item with a value greater than 2 47 fifty dollars, or commit a robbery of a financial 2 48 institution as defined in section 12C.1. Robbery in 2 49 the third degree is a class "D" felony. 2 50 Sec. . Section 713.6A, subsection 2, Code 3 1 Supplement 2001, is amended to read as follows: 3 2 2. Burglary in the third degree involving a 3 3 burglary of an unoccupied motor vehicle or motor truck 3 4 as defined in section 321.1, or a vessel defined in 3 5 section 462A.2, is an aggravated misdemeanor for a 3 6 first offense.A second or subsequentIf the person 3 7 has a prior conviction under thissectionchapter, the 3 8 offense is punishable under subsection 1. 3 9 Sec. . Section 713.6B, subsection 2, Code 3 10 Supplement 2001, is amended to read as follows: 3 11 2. Attempted burglary in the third degree 3 12 involving an attempted burglary of an unoccupied motor 3 13 vehicle or motor truck as defined in section 321.1, or 3 14 a vessel defined in section 462A.2, is a serious 3 15 misdemeanor for a first offense.A second or3 16subsequentIf the person has a prior conviction under 3 17 thissectionchapter, the offense is punishable under 3 18 subsection 1."" 3 19 #2. Page 1, by inserting after line 25 the 3 20 ""Sec. . Section 901.5, Code 2001, is amended 3 21 by adding the following new subsection: 3 22 NEW SUBSECTION. 13. In addition to any sentence 3 23 or other penalty imposed against the defendant, the 3 24 court shall sentence the defendant to an additional 3 25 term of years if required under section 902.13. 3 26 Sec. . NEW SECTION. 901.11 DEFERRED JUDGMENTS 3 27 – PREVIOUS OFFENSES FOR PURPOSES OF ENHANCEMENT. 3 28 In determining if an offense is a second or 3 29 subsequent offense for purposes of sentencing, the 3 30 following shall apply: 3 31 1. A deferred judgment entered pursuant to section 3 32 907.3 for the same offense shall be counted as a 3 33 previous offense. 3 34 2. A conviction, deferred judgment, or the 3 35 equivalent of a deferred judgment for a violation in 3 36 any other state under a statute substantially 3 37 corresponding to the offense shall be counted as a 3 38 previous offense. The courts shall judicially notice 3 39 the statutes of other states which define offenses 3 40 substantially equivalent to those defined in the Code 3 41 and can therefore be considered corresponding 3 42 statutes. 3 43 3. Each previous offense for which conviction or 3 44 deferral of judgment was entered prior to the date of 3 45 the violation charged shall be considered and counted 3 46 as a separate previous offense. 3 47 Sec. . Section 902.3A, subsection 1, unnumbered 3 48 paragraph 1, Code Supplement 2001, is amended to read 3 49 as follows: 3 50 Notwithstanding section 902.3, when a conviction 4 1 for a class "D" felony or a class "C" felony under 4 2 section 124.401, subsection 1, paragraph "c", is 4 3 entered against a person, the court, at its 4 4 discretion, in imposing a sentence of confinement 4 5 pursuant to section 901.5, may commit the person into 4 6 the custody of the director of the Iowa department of 4 7 corrections for a determinate term of less than the 4 8 maximum length of the sentence prescribed by section 4 9 902.9,subsection 5, if mitigating circumstances exist4 10and those circumstances are stated specifically on the4 11record. 4 12 Sec. . Section 902.3A, subsection 1, paragraph 4 13 e, Code Supplement 2001, is amended to read as 4 14 follows: 4 15 e. This section does not apply to an offense 4 16 classified as a forcible felony, a felony under 4 17 section 321J.2, felonies in chapters 707, 708,and 4 18 709,a person sentenced as a habitual offender,4 19felonies listed in section 901A.1,or felonies listed 4 20 in section 902.12 or 902.13, or a felony committed by4 21a person on parole or work release, or while in the4 22custody of the director of the department of4 23corrections. 4 24 Sec. . Section 902.3A, subsection 3, Code 4 25 Supplement 2001, is amended by striking the 4 26 subsection. 4 27 Sec. . Section 902.11, unnumbered paragraph 1, 4 28 Code 2001, is amended to read as follows: 4 29 A person serving a sentence for conviction of a 4 30 felony, other than a forcible felony under section 4 31 902.12 or 902.13, who has a criminal record of one or 4 32 more prior convictions for a forcible felony or a 4 33 crime of a similar gravity in this or any other state, 4 34 shall be denied parole or work release unless the 4 35 person has served at least one-half of the maximum 4 36 term of the defendant's sentence. However, the 4 37 mandatory sentence provided for by this section does 4 38 not apply if either of the following apply: 4 39 Sec. . Section 902.12, subsection 5, unnumbered 4 40 paragraph 1, Code 2001, is amended to read as follows: 4 41 5. Robbery in the firstor seconddegree in 4 42 violation of section 711.2or 711.3. 4 43 Sec. . NEW SECTION. 902.13 MINIMUM SENTENCE 4 44 – ROBBERY SECOND. 4 45 1. Except as otherwise provided in section 903A.2, 4 46 a person serving a sentence for conviction of robbery 4 47 in the second degree shall serve one hundred percent 4 48 of the maximum term of the person's sentence and shall 4 49 not be released on parole or work release. 4 50 2. The person shall also be sentenced to an 5 1 additional term of three years. The board of parole 5 2 shall determine whether the person should be released 5 3 on parole or placed in a work release program. When a 5 4 person commences service of the additional term of 5 5 years, the person shall initially be released by the 5 6 board of parole subject to the terms and conditions 5 7 set out in chapter 906. Violations of the terms and 5 8 conditions of release shall be subject to the 5 9 procedures set out in chapter 905 or 908 or rules 5 10 adopted under those chapters. The sentence of an 5 11 additional term of years shall be consecutive to the 5 12 original term of confinement. 5 13 Sec. . Section 903A.2, subsection 1, paragraph 5 14 a, Code 2001, is amended to read as follows: 5 15 a. Category "A" sentences are those sentences 5 16 which are not subject to a maximum accumulation of 5 17 earned timeof fifteen percent of the total sentence5 18of confinementunder section 902.12 or 902.13. To the 5 19 extent provided in subsection 5, category "A" 5 20 sentences also include life sentences imposed under 5 21 section 902.1. An inmate of an institution under the 5 22 control of the department of corrections who is 5 23 serving a category "A" sentence is eligible for a 5 24 reduction of sentence equal to one and two-tenths days 5 25 for each day the inmate demonstrates good conduct and 5 26 satisfactorily participates in any program or 5 27 placement status identified by the director to earn 5 28 the reduction. The programs include but are not 5 29 limited to the following: 5 30 Sec. . Section 903A.2, subsection 1, Code 2001, 5 31 is amended by adding the following new paragraph: 5 32 NEW PARAGRAPH. c. Category "C" sentences are 5 33 those sentences which are subject to a maximum 5 34 accumulation of earned time of thirty percent of the 5 35 total sentence of confinement under section 902.13. 5 36 An inmate of an institution under the control of the 5 37 department of corrections who is serving a category 5 38 "C" sentence is eligible for a reduction of sentence 5 39 equal to three-sevenths of a day for each day of good 5 40 conduct by the inmate. 5 41 Sec. . Section 903A.7, Code 2001, is amended to 5 42 read as follows: 5 43 903A.7 SEPARATE SENTENCES. 5 44 Consecutive multiple sentences that are within the 5 45 same category under section 903A.2 shall be construed 5 46 as one continuous sentence for purposes of calculating 5 47 reductions of sentence for earned time. If a person 5 48 is sentenced to serve sentences ofbothmultiple 5 49 categories, category "B" sentences shall be served 5 50 before category "C" and category "A" sentences are 6 1 served, and category "C" sentences shall be served 6 2 before category "A" sentences are served, and earned 6 3 time accrued against the category "B" sentences shall 6 4 not be used to reduce the category "C" or category "A" 6 5 sentences, and earned time accrued against category 6 6 "C" sentences shall not be used to reduce category "A" 6 7 or category "B" sentences. If an inmate serving a 6 8 category "A" sentence is sentenced to serve a category 6 9 "B" sentence or a category "C" sentence, the category 6 10 "A" sentence shall be interrupted, and no further 6 11 earned time shall accrue against that sentence until 6 12 the category "B" sentence is completed. If an inmate 6 13 serving a category "C" sentence is sentenced to serve 6 14 a category "B" sentence, the category "C" sentence 6 15 shall be interrupted, and no further earned time shall 6 16 accrue against that sentence until the category "B" 6 17 sentence is completed. 6 18 Sec. . Section 906.15, unnumbered paragraph 1, 6 19 Code 2001, is amended to read as follows: 6 20 Unless sooner discharged, a person released on 6 21 parole shall be discharged when the person's term of 6 22 parole equals the period of imprisonment specified in 6 23 the person's sentence, less all time served in 6 24 confinement. Discharge from parole may be granted 6 25 prior to such time, when an early discharge is 6 26 appropriate. The board shall periodically review all 6 27 paroles, and when the board determines that any person 6 28 on parole is able and willing to fulfill the 6 29 obligations of a law-abiding citizen without further 6 30 supervision, the board shall discharge the person from 6 31 parole. A parole officer shall periodically review 6 32 all paroles assigned to the parole officer, and when 6 33 the parole officer determines that any person assigned 6 34 to the officer is able and willing to fulfill the 6 35 obligations of a law-abiding citizen without further 6 36 supervision, the officer may discharge the person from 6 37 parole after notification and approval of the district 6 38 director and notification of the board of parole. In 6 39 any event, discharge from parole shall terminate the 6 40 person's sentence. However, if a person has been 6 41 sentenced to an additional term of years under section 6 42 902.13, the person shall not be discharged from the 6 43 term until the additional term of years has been 6 44 served. However, a person convicted of a violation of 6 45 section 709.3, 709.4 or 709.8 committed on or with a 6 46 child shall not be discharged from parole until the 6 47 person's term of parole equals the period of 6 48 imprisonment specified in the person's sentence, less 6 49 all time served in confinement. 6 50 Sec. . Section 907.3, subsection 1, paragraph 7 1 c, Code 2001, is amended to read as follows: 7 2 c. Prior to the commission of the offense the 7 3 defendant had been granted a deferred judgment or 7 4 similar relief, two or more timesanywhere in the 7 5 United States. 7 6 Sec. . Section 907.3, subsection 1, paragraph 7 7 d, Code 2001, is amended by striking the paragraph. 7 8 Sec. . Section 907.3, subsection 1, paragraph 7 9 g, subparagraph (3), Code 2001, is amended by striking 7 10 the subparagraph." 7 11 #3. Page 1, by striking lines 33 through 37, and 7 12 inserting the following: "inserting the following: 7 13 "An Act relating to criminal offenses and procedure, 7 14 including the creation of new criminal offenses, the 7 15 filing of a criminal indictment or trial information, 7 16 providing for enhancements and penalties, and 7 17 providing an effective date."" 7 18 7 19 7 20 7 21 TREMMEL of Wapello 7 22 SF 2034.702 79 7 23 jm/cls
Text: H08392 Text: H08394 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2002 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: Fri Mar 22 03:26:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/H/08300/H08393/020320.html
jhf