Text: H08669 Text: H08671 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2623, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 13, by inserting after line 22 the 1 4 following: 1 5 "Sec. . Section 124.401, subsection 1, 1 6 paragraph a, subparagraph (2), unnumbered paragraph 1, 1 7 Code 2001, is amended to read as follows: 1 8 More than five kilograms ofaany compound, mixture 1 9or, preparation, or substance containing a detectable 1 10 amount of any of the following: 1 11 Sec. . Section 124.401, subsection 1, paragraph 1 12 a, subparagraph (2), subparagraph divisions (a), (b), 1 13 and (c), Code 2001, are amended by striking the 1 14 subparagraph subdivisions. 1 15 Sec. . Section 124.401, subsection 1, paragraph 1 16 a, subparagraph (2), subparagraph division (f), Code 1 17 2001, is amended to read as follows: 1 18 (f) Any compound, mixture, or preparation which 1 19 contains any quantity of any of the substances 1 20 referred to insubparagraph subdivisions (a) through1 21(e)this subparagraph (2). 1 22 Sec. . Section 124.401, subsection 1, paragraph 1 23 a, subparagraph (2), Code 2001, is amended by adding 1 24 the following new subparagraph subdivision: 1 25 NEW SUBPARAGRAPH SUBDIVISION. (g) 3,4- 1 26 methylenedioxymethamphetamine (MDMA), its salts, 1 27 isomers, or salts of isomers. 1 28 Sec. . Section 124.401, subsection 1, paragraph 1 29 a, subparagraph (3), Code 2001, is amended to read as 1 30 follows: 1 31 (3) More than fifty grams ofaany compound, 1 32 mixtureor, preparation, or substancedescribed in1 33subparagraph (2) which containscontaining a 1 34 detectable amount of cocaine base. 1 35 Sec. ___. Section 124.401, subsection 1, paragraph 1 36 a, Code 2001, is amended by adding the following new 1 37 subparagraph: 1 38 NEW SUBPARAGRAPH. (3A) More than five hundred 1 39 grams of any compound, mixture, preparation, or 1 40 substance containing a detectable amount of any of the 1 41 following: 1 42 (a) Coca leaves, except coca leaves and extracts 1 43 of coca leaves from which cocaine, ecgonine, and 1 44 derivatives of ecgonine or their salts have been 1 45 removed. 1 46 (b) Cocaine, its salts, optical and geometric 1 47 isomers, and salts of isomers. 1 48 (c) Ecgonine, its derivatives, their salts, 1 49 isomers, and salts of isomers. 1 50 Sec. . Section 124.401, subsection 1, paragraph 2 1 b, subparagraph (2), Code 2001, is amended by striking 2 2 the subparagraph. 2 3 Sec. . Section 124.401, subsection 1, paragraph 2 4 b, subparagraph (3), Code 2001, is amended to read as 2 5 follows: 2 6 (3) More than five grams but not more than fifty 2 7 grams ofaany compound, mixture, preparation, or 2 8 substancedescribed in subparagraph (2) which contains2 9 containing a detectable amount of cocaine base. 2 10 Sec. ___. Section 124.401, subsection 1, paragraph 2 11 b, Code 2001, is amended by adding the following new 2 12 subparagraph: 2 13 NEW SUBPARAGRAPH. (3A) More than fifty grams but 2 14 not more than five hundred grams of any compound, 2 15 mixture, preparation, or substance containing a 2 16 detectable amount of any of the following: 2 17 (a) Coca leaves, except coca leaves and extracts 2 18 of coca leaves from which cocaine, ecgonine, and 2 19 derivatives of ecgonine or their salts have been 2 20 removed. 2 21 (b) Cocaine, its salts, optical and geometric 2 22 isomers, and salts of isomers. 2 23 (c) Ecgonine, its derivatives, their salts, 2 24 isomers, and salts of isomers. 2 25 Sec. . Section 124.401, subsection 1, paragraph 2 26 b, Code 2001, is amended by adding the following new 2 27 subparagraph: 2 28 NEW SUBPARAGRAPH. (9) More than ten grams but not 2 29 more than five kilograms of 3,4- 2 30 methylenedioxymethamphetamine (MDMA), its salts, 2 31 isomers, or salts of isomers, or any compound, mixture 2 32 or preparation which contains any quantity of 2 33 detectable amount of MDMA, its salts, isomers, or 2 34 salts of isomers. 2 35 Sec. . Section 124.401, subsection 1, paragraph 2 36 c, subparagraph (2), Code 2001, is amended by striking 2 37 the subparagraph. 2 38 Sec. . Section 124.401, subsection 1, paragraph 2 39 c, subparagraph (3), Code 2001, is amended to read as 2 40 follows: 2 41 (3) Five grams or less ofaany compound, mixture, 2 42 preparation, or substancedescribed in subparagraph2 43(2) which containscontaining a detectable amount of 2 44 cocaine base. 2 45 Sec. ___. Section 124.401, subsection 1, paragraph 2 46 c, Code 2001, is amended by adding the following new 2 47 subparagraph: 2 48 NEW SUBPARAGRAPH. (3A) Fifty grams or less of any 2 49 compound, mixture, preparation, or substance 2 50 containing a detectable amount of any of the 3 1 following: 3 2 (a) Coca leaves, except coca leaves and extracts 3 3 of coca leaves from which cocaine, ecgonine, and 3 4 derivatives of ecgonine or their salts have been 3 5 removed. 3 6 (b) Cocaine, its salts, optical and geometric 3 7 isomers, and salts of isomers. 3 8 (c) Ecgonine, its derivatives, their salts, 3 9 isomers, and salts of isomers. 3 10 Sec. . Section 124.401, subsection 1, paragraph 3 11 c, Code 2001, is amended by adding the following new 3 12 subparagraph: 3 13 NEW SUBPARAGRAPH. (7A) Ten grams or less of 3,4- 3 14 methylenedioxymethamphetamine (MDMA), its salts, 3 15 isomers, or salts of isomers, or any compound, mixture 3 16 or preparation which contains any quantity of 3 17 detectable amount of MDMA, its salts, isomers, or 3 18 salts of isomers. 3 19 Sec. . Section 124.401, subsection 4, 3 20 unnumbered paragraph 1, Code 2001, is amended to read 3 21 as follows: 3 22 A person who possesses any product containing any 3 23 of the following commits a class "D" felony, if the 3 24 person possesses with the intentto use the product3 25 that the product be used to manufacture any controlled 3 26 substance: 3 27 Sec. . Section 124.401A, Code 2001, is amended 3 28 to read as follows: 3 29 124.401A ENHANCED PENALTY FOR MANUFACTURE OR 3 30 DISTRIBUTION TO PERSONS ON CERTAIN REAL PROPERTY. 3 31 In addition to any other penalties provided in this 3 32 chapter, a person who is eighteen years of age or 3 33 older who unlawfully manufactures with intent to 3 34 distribute, distributes, or possesses with intent to 3 35 distribute a substance or counterfeit substance listed 3 36 in schedule I, II, or III, or a simulated controlled 3 37 substance represented to be a controlled substance 3 38 classified in schedule I, II, or III, to another 3 39 person who is eighteen years of age or older in or on, 3 40 or within one thousand feet of the real property 3 41 comprising a public or private elementary or secondary 3 42 school, public park, public swimming pool, public 3 43 recreation center, or on a marked school bus, may be 3 44 sentenced up to an additional term of confinement of 3 45 five years. 3 46 Sec. . Section 124.409, subsection 1, Code 3 47 2001, is amended by striking the subsection. 3 48 Sec. . Section 232.22, subsection 1, paragraph 3 49 e, subparagraph (2), Code Supplement 2001, is amended 3 50 to read as follows: 4 1 (2) A mixture or substance containing cocaine, its 4 2 salts, optical and geometric isomers, and salts of 4 3 isomers, and if the act was committed by an adult, it 4 4 would be a violation of section 124.401, subsection 1, 4 5 paragraph "a", subparagraph(2)(3A), subparagraph 4 6 subdivision (b), paragraph "b", subparagraph(2)(3A), 4 7 subparagraph subdivision (b), or paragraph "c", 4 8 subparagraph(2)(3A), subparagraph subdivision (b)." 4 9 #2. Page 18, by inserting after line 27 the 4 10 following: 4 11 "Sec. . Section 321J.2, subsection 3, paragraph 4 12 a, subparagraph (3), Code 2001, is amended by striking 4 13 the subparagraph." 4 14 #3. Page 20, by inserting after line 29 the 4 15 following: 4 16 "Sec. . Section 462A.14, subsection 3, 4 17 paragraph a, subparagraph (3), Code 2001, is amended 4 18 by striking the subparagraph." 4 19 #4. Page 24, by inserting after line 15 the 4 20 following: 4 21 Sec. . Section 622.53, Code 2001, is amended to 4 22 read as follows: 4 23 622.53 JUDICIAL RECORD – STATE OR FEDERAL COURTS. 4 24 A judicial record of this state, including the 4 25 filed certified shorthand notes of the official court 4 26 reporter as transcribed or a court of the United 4 27 States may be proved by the production of the 4 28 original, or a copy of it certified by the clerk or 4 29 person having the legal custody of it, authenticated 4 30 by the custodian's seal of office, if there is a seal. 4 31ThatA judicial record of another state may be proved 4 32 by the attestation of the clerk and the seal of the 4 33 court annexed, if there is a seal, together with a4 34certificate of a judge, chief justice, or presiding4 35magistrate that the attestation is in due form of law. 4 36 Sec. . Section 711.3, Code 2001, is amended to 4 37 read as follows: 4 38 711.3 ROBBERY IN THE SECOND DEGREE. 4 39 All robbery which is not robbery in the first 4 40 degree is robbery in the second degree, except as 4 41 provided in section 711.3A. Robbery in the second 4 42 degree is a class "C" felony. 4 43 Sec. . NEW SECTION. 711.3A ROBBERY IN THE 4 44 THIRD DEGREE. 4 45 A person commits robbery in the third degree when, 4 46 while perpetrating a robbery, the person does not do 4 47 any of the following: cause injury, attempt to cause 4 48 injury, threaten to cause injury or to commit a 4 49 forcible felony, purposefully put another in fear of 4 50 injury, possess a firearm or dangerous weapon, commit 5 1 a theft of cash or an item with a value greater than 5 2 fifty dollars, or commit a robbery of a financial 5 3 institution as defined in section 12C.1. Robbery in 5 4 the third degree is a class "D" felony. 5 5 Sec. . Section 713.6A, subsection 2, Code 5 6 Supplement 2001, is amended to read as follows: 5 7 2. Burglary in the third degree involving a 5 8 burglary of an unoccupied motor vehicle or motor truck 5 9 as defined in section 321.1, or a vessel defined in 5 10 section 462A.2, is an aggravated misdemeanor for a 5 11 first offense.A second or subsequentIf the person 5 12 has a prior conviction under thissectionchapter, the 5 13 offense is punishable under subsection 1. 5 14 Sec. . Section 713.6B, subsection 2, Code 5 15 Supplement 2001, is amended to read as follows: 5 16 2. Attempted burglary in the third degree 5 17 involving an attempted burglary of an unoccupied motor 5 18 vehicle or motor truck as defined in section 321.1, or 5 19 a vessel defined in section 462A.2, is a serious 5 20 misdemeanor for a first offense.A second or5 21subsequentIf the person has a prior conviction under 5 22 thissectionchapter, the offense is punishable under 5 23 subsection 1. 5 24 Sec. . Section 901.5, Code 2001, is amended by 5 25 adding the following new subsection: 5 26 NEW SUBSECTION. 13. In addition to any sentence 5 27 or other penalty imposed against the defendant, the 5 28 court shall sentence the defendant to an additional 5 29 term of years if required under section 902.13. 5 30 Sec. . NEW SECTION. 901.11 DEFERRED JUDGMENTS 5 31 – PREVIOUS OFFENSES FOR PURPOSES OF ENHANCEMENT. 5 32 In determining if an offense is a second or 5 33 subsequent offense for purposes of sentencing, the 5 34 following shall apply: 5 35 1. A deferred judgment entered pursuant to section 5 36 907.3 for the same offense shall be counted as a 5 37 previous offense. 5 38 2. A conviction, deferred judgment, or the 5 39 equivalent of a deferred judgment for a violation in 5 40 any other state under a statute substantially 5 41 corresponding to the offense shall be counted as a 5 42 previous offense. The courts shall judicially notice 5 43 the statutes of other states which define offenses 5 44 substantially equivalent to those defined in the Code 5 45 and can therefore be considered corresponding 5 46 statutes. 5 47 3. Each previous offense for which conviction or 5 48 deferral of judgment was entered prior to the date of 5 49 the violation charged shall be considered and counted 5 50 as a separate previous offense. 6 1 Sec. . Section 902.3A, subsection 1, unnumbered 6 2 paragraph 1, Code Supplement 2001, is amended to read 6 3 as follows: 6 4 Notwithstanding section 902.3, when a conviction 6 5 for a class "D" felony or a class "C" felony under 6 6 section 124.401, subsection 1, paragraph "c", is 6 7 entered against a person, the court, at its 6 8 discretion, in imposing a sentence of confinement 6 9 pursuant to section 901.5, may commit the person into 6 10 the custody of the director of the Iowa department of 6 11 corrections for a determinate term of less than the 6 12 maximum length of the sentence prescribed by section 6 13 902.9,subsection 5, if mitigating circumstances exist6 14and those circumstances are stated specifically on the6 15record. 6 16 Sec. . Section 902.3A, subsection 1, paragraph 6 17 e, Code Supplement 2001, is amended to read as 6 18 follows: 6 19 e. This section does not apply to an offense 6 20 classified as a forcible felony, a felony under 6 21 section 321J.2, felonies in chapters 707, 708,and 6 22 709,a person sentenced as a habitual offender,6 23felonies listed in section 901A.1,or felonies listed 6 24 in section 902.12 or 902.13, or a felony committed by6 25a person on parole or work release, or while in the6 26custody of the director of the department of6 27corrections. 6 28 Sec. . Section 902.3A, subsection 3, Code 6 29 Supplement 2001, is amended by striking the 6 30 subsection. 6 31 Sec. . Section 902.11, unnumbered paragraph 1, 6 32 Code 2001, is amended to read as follows: 6 33 A person serving a sentence for conviction of a 6 34 felony, other than a forcible felony under section 6 35 902.12 or 902.13, who has a criminal record of one or 6 36 more prior convictions for a forcible felony or a 6 37 crime of a similar gravity in this or any other state, 6 38 shall be denied parole or work release unless the 6 39 person has served at least one-half of the maximum 6 40 term of the defendant's sentence. However, the 6 41 mandatory sentence provided for by this section does 6 42 not apply if either of the following apply: 6 43 Sec. . Section 902.12, subsection 5, unnumbered 6 44 paragraph 1, Code 2001, is amended to read as follows: 6 45 5. Robbery in the firstor seconddegree in 6 46 violation of section 711.2or 711.3. 6 47 Sec. . NEW SECTION. 902.13 MINIMUM SENTENCE 6 48 – ROBBERY SECOND. 6 49 1. Except as otherwise provided in section 903A.2, 6 50 a person serving a sentence for conviction of robbery 7 1 in the second degree shall serve one hundred percent 7 2 of the maximum term of the person's sentence and shall 7 3 not be released on parole or work release. 7 4 2. The person shall also be sentenced to an 7 5 additional term of three years. The board of parole 7 6 shall determine whether the person should be released 7 7 on parole or placed in a work release program. When a 7 8 person commences service of the additional term of 7 9 years, the person shall initially be released by the 7 10 board of parole subject to the terms and conditions 7 11 set out in chapter 906. Violations of the terms and 7 12 conditions of release shall be subject to the 7 13 procedures set out in chapter 905 or 908 or rules 7 14 adopted under those chapters. The sentence of an 7 15 additional term of years shall be consecutive to the 7 16 original term of confinement. 7 17 Sec. . Section 903A.2, subsection 1, paragraph 7 18 a, Code 2001, is amended to read as follows: 7 19 a. Category "A" sentences are those sentences 7 20 which are not subject to a maximum accumulation of 7 21 earned timeof fifteen percent of the total sentence7 22of confinementunder section 902.12 or 902.13. To the 7 23 extent provided in subsection 5, category "A" 7 24 sentences also include life sentences imposed under 7 25 section 902.1. An inmate of an institution under the 7 26 control of the department of corrections who is 7 27 serving a category "A" sentence is eligible for a 7 28 reduction of sentence equal to one and two-tenths days 7 29 for each day the inmate demonstrates good conduct and 7 30 satisfactorily participates in any program or 7 31 placement status identified by the director to earn 7 32 the reduction. The programs include but are not 7 33 limited to the following: 7 34 Sec. . Section 903A.2, subsection 1, Code 2001, 7 35 is amended by adding the following new paragraph: 7 36 NEW PARAGRAPH. c. Category "C" sentences are 7 37 those sentences which are subject to a maximum 7 38 accumulation of earned time of thirty percent of the 7 39 total sentence of confinement under section 902.13. 7 40 An inmate of an institution under the control of the 7 41 department of corrections who is serving a category 7 42 "C" sentence is eligible for a reduction of sentence 7 43 equal to three-sevenths of a day for each day of good 7 44 conduct by the inmate. 7 45 Sec. . Section 903A.7, Code 2001, is amended to 7 46 read as follows: 7 47 903A.7 SEPARATE SENTENCES. 7 48 Consecutive multiple sentences that are within the 7 49 same category under section 903A.2 shall be construed 7 50 as one continuous sentence for purposes of calculating 8 1 reductions of sentence for earned time. If a person 8 2 is sentenced to serve sentences ofbothmultiple 8 3 categories, category "B" sentences shall be served 8 4 before category "C" and category "A" sentences are 8 5 served, and category "C" sentences shall be served 8 6 before category "A" sentences are served, and earned 8 7 time accrued against the category "B" sentences shall 8 8 not be used to reduce the category "C" or category "A" 8 9 sentences, and earned time accrued against category 8 10 "C" sentences shall not be used to reduce category "A" 8 11 or category "B" sentences. If an inmate serving a 8 12 category "A" sentence is sentenced to serve a category 8 13 "B" sentence or a category "C" sentence, the category 8 14 "A" sentence shall be interrupted, and no further 8 15 earned time shall accrue against that sentence until 8 16 the category "B" sentence is completed. If an inmate 8 17 serving a category "C" sentence is sentenced to serve 8 18 a category "B" sentence, the category "C" sentence 8 19 shall be interrupted, and no further earned time shall 8 20 accrue against that sentence until the category "B" 8 21 sentence is completed. 8 22 Sec. . Section 906.15, unnumbered paragraph 1, 8 23 Code 2001, is amended to read as follows: 8 24 Unless sooner discharged, a person released on 8 25 parole shall be discharged when the person's term of 8 26 parole equals the period of imprisonment specified in 8 27 the person's sentence, less all time served in 8 28 confinement. Discharge from parole may be granted 8 29 prior to such time, when an early discharge is 8 30 appropriate. The board shall periodically review all 8 31 paroles, and when the board determines that any person 8 32 on parole is able and willing to fulfill the 8 33 obligations of a law-abiding citizen without further 8 34 supervision, the board shall discharge the person from 8 35 parole. A parole officer shall periodically review 8 36 all paroles assigned to the parole officer, and when 8 37 the parole officer determines that any person assigned 8 38 to the officer is able and willing to fulfill the 8 39 obligations of a law-abiding citizen without further 8 40 supervision, the officer may discharge the person from 8 41 parole after notification and approval of the district 8 42 director and notification of the board of parole. In 8 43 any event, discharge from parole shall terminate the 8 44 person's sentence. However, if a person has been 8 45 sentenced to an additional term of years under section 8 46 902.13, the person shall not be discharged from the 8 47 term until the additional term of years has been 8 48 served. However, a person convicted of a violation of 8 49 section 709.3, 709.4 or 709.8 committed on or with a 8 50 child shall not be discharged from parole until the 9 1 person's term of parole equals the period of 9 2 imprisonment specified in the person's sentence, less 9 3 all time served in confinement. 9 4 Sec. . Section 907.3, subsection 1, paragraph 9 5 c, Code 2001, is amended to read as follows: 9 6 c. Prior to the commission of the offense the 9 7 defendant had been granted a deferred judgment or 9 8 similar relief, two or more timesanywhere in the 9 9 United States. 9 10 Sec. . Section 907.3, subsection 1, paragraph 9 11 d, Code 2001, is amended by striking the paragraph. 9 12 Sec. . Section 907.3, subsection 1, paragraph 9 13 g, subparagraph (3), Code 2001, is amended by striking 9 14 the subparagraph." 9 15 #5. By renumbering as necessary. 9 16 9 17 9 18 9 19 TREMMEL of Wapello 9 20 HF 2623.311 79 9 21 jm/cf
Text: H08669 Text: H08671 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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