Text: HF00755 Text: HF00757 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 713.6A, Code 2001, is amended to read 1 2 as follows: 1 3 713.6A BURGLARY IN THE THIRD DEGREE. 1 4 1. All burglary which is not burglary in the first degree 1 5 or burglary in the second degree is burglary in the third 1 6 degree. Burglary in the third degree is a class "D" felony, 1 7 except as provided in subsection 2. 1 8 2. Burglary in the third degree involving a burglary of an 1 9 unoccupied motor vehicle or motor truck as defined in section 1 10 321.1, or a vessel defined in section 462A.2, is an aggravated 1 11 misdemeanor for a first offense. A second or subsequent 1 12 conviction under this section is punishable under subsection 1 13 1. 1 14 Sec. 2. Section 713.6B, Code 2001, is amended to read as 1 15 follows: 1 16 713.6B ATTEMPTED BURGLARY IN THE THIRD DEGREE. 1 17 1. All attempted burglary which is not attempted burglary 1 18 in the first degree or attempted burglary in the second degree 1 19 is attempted burglary in the third degree. Attempted burglary 1 20 in the third degree is an aggravated misdemeanor, except as 1 21 provided in subsection 2. 1 22 2. Attempted burglary in the third degree involving an 1 23 attempted burglary of an unoccupied motor vehicle or motor 1 24 truck as defined in section 321.1, or a vessel defined in 1 25 section 462A.2, is a serious misdemeanor for a first offense. 1 26 A second or subsequent conviction under this section is 1 27 punishable under subsection 1. 1 28 Sec. 3. Section 901.5, Code 2001, is amended by adding the 1 29 following new subsection: 1 30 NEW SUBSECTION. 13. In addition to any sentence or other 1 31 penalty imposed against the defendant, the court shall 1 32 sentence the defendant to an additional indeterminate term of 1 33 years if required under section 902.3A, subsection 2. 1 34 Sec. 4. NEW SECTION. 902.3A DETERMINATE SENTENCING AND 1 35 ADDITIONAL TERM OF YEARS FOR CLASS "D" FELONS. 2 1 1. Notwithstanding section 902.3, when a conviction for a 2 2 class "D" felony is entered against a person, the court, at 2 3 its discretion, in imposing a sentence of confinement pursuant 2 4 to section 901.5, may commit the person into the custody of 2 5 the director of the Iowa department of corrections for a 2 6 determinate term of less than the maximum length of the 2 7 sentence prescribed by section 902.9, subsection 5, if 2 8 mitigating circumstances exist and those circumstances are 2 9 stated specifically on the record. 2 10 a. The determinate term of confinement shall not be for 2 11 less than one year and if a mandatory minimum sentence is 2 12 required by law, the determinate term of confinement imposed 2 13 under this section shall not be less than the mandatory 2 14 minimum term of confinement prescribed by law. 2 15 b. A person sentenced to a determinate term of confinement 2 16 under this section shall not be eligible for parole until the 2 17 person has served one-half of the determinate term of 2 18 confinement under the sentence. 2 19 c. Earned time shall be calculated as provided in chapter 2 20 903A. However, earned time accrued and not forfeited shall 2 21 not apply to cause the person to become eligible for parole 2 22 until the person has served one-half of the determinate term 2 23 of confinement. 2 24 d. A person on parole or work release under a determinate 2 25 term of confinement imposed under this section shall be 2 26 subject to the terms and conditions of parole or work release 2 27 as set out in chapter 906. Violations of parole or work 2 28 release shall be subject to the procedures set out in chapters 2 29 905 and 908 or rules adopted under those chapters. 2 30 e. This section does not apply to an offense classified as 2 31 a forcible felony, a felony under section 321J.2, felonies in 2 32 chapters 707, 708, and 709, a person sentenced as a habitual 2 33 offender, felonies listed in section 901A.1, felonies listed 2 34 in section 902.12, or a felony committed by a person on parole 2 35 or work release, or while in the custody of the director of 3 1 the department of corrections. 3 2 2. When the person is sentenced and committed into the 3 3 custody of the director of the department of corrections 3 4 pursuant to subsection 1, the person shall also be sentenced 3 5 to an additional indeterminate term of years not to exceed two 3 6 years. The sentence of an additional term shall be 3 7 consecutive to the determinate term of confinement. 3 8 a. The sentence of an additional indeterminate term of 3 9 years shall commence immediately upon the expiration of the 3 10 determinate term of confinement and the person shall be 3 11 assigned to the judicial district department of correctional 3 12 services by the department of corrections. The district 3 13 department shall place a person assigned to it under this 3 14 paragraph in a level of sanction and supervision which is 3 15 appropriate to the person pursuant to the district's 3 16 intermediate criminal sanctions program operated under chapter 3 17 901B. 3 18 b. The district department may transfer a person along the 3 19 continuum of the intermediate criminal sanctions program 3 20 operated pursuant to chapter 901B as necessary and appropriate 3 21 during the period the person is assigned to the district 3 22 department. If the person violates the terms and conditions 3 23 of the placement, the district may transfer the person to a 3 24 more restrictive placement as provided in the program. 3 25 c. A person serving an additional indeterminate term of 3 26 years may be discharged from that sentence in the same manner 3 27 as a person serving probation may be discharged under section 3 28 907.9. Discharge from an additional indeterminate term of 3 29 years terminates the person's sentence of an additional 3 30 indeterminate term of years. 3 31 d. A person serving an additional indeterminate term of 3 32 years shall receive credit for any time served after discharge 3 33 from the preceding determinate term of confinement against the 3 34 person's sentence of an additional indeterminate term of 3 35 years. 4 1 3. Notwithstanding subsection 2, if a person is paroled at 4 2 least six months prior to the expiration of the person's 4 3 determinate term of confinement, the person shall not serve an 4 4 additional indeterminate term of years. 4 5 4. Section 907.3 governs the inapplicability of deferred 4 6 judgments and deferred or suspended sentences to sentences 4 7 imposed under this section. 4 8 Sec. 5. Section 902.4, Code 2001, is amended to read as 4 9 follows: 4 10 902.4 RECONSIDERATION OF FELON'S SENTENCE. 4 11 For a period ofninety daysone year from the date when a 4 12 person convicted of a felony, other than a class "A" felony or 4 13 a felony for which a minimum sentence of confinement is 4 14 imposed, begins to serve a sentence of confinement, the court, 4 15 on its own motion or on the recommendation of the director of 4 16 the Iowa department of corrections, may order the person to be 4 17 returned to the court, at which time the court may review its 4 18 previous action and reaffirm it or substitute for it any 4 19 sentence permitted by law. Copies of the order to return the 4 20 person to the court shall be provided to the attorney for the 4 21 state, the defendant's attorney, and the defendant. Upon a 4 22 request of the attorney for the state, the defendant's 4 23 attorney, or the defendant if the defendant has no attorney, 4 24 the court may, but is not required to, conduct a hearing on 4 25 the issue of reconsideration of sentence. The court shall not 4 26 disclose its decision to reconsider or not to reconsider the 4 27 sentence of confinement until the date reconsideration is 4 28 ordered or the date theninety-dayone-year period expires, 4 29 whichever occurs first. The district court retains 4 30 jurisdiction for the limited purposes of conducting such 4 31 review and entering an appropriate order notwithstanding the 4 32 timely filing of a notice of appeal. The court's final order 4 33 in the proceeding shall be delivered to the defendant 4 34 personally or by certified mail. The court's decision to take 4 35 the action or not to take the action is not subject to appeal. 5 1 However, for the purposes of appeal, a judgment of conviction 5 2 of a felony is a final judgment when pronounced. 5 3 Sec. 6. Section 903.4, Code 2001, is amended to read as 5 4 follows: 5 5 903.4 PROVIDING PLACE OF CONFINEMENT. 5 6 All persons sentenced to confinement for a period of one 5 7 year or less shall be confined in a place to be furnished by 5 8 the county where the conviction was had unless the person is 5 9 presently committed to the custody of the director of the Iowa 5 10 department of corrections, in which case the provisions of 5 11 section 901.8 apply, or unless the person is serving a 5 12 determinate term of confinement of one year pursuant to 5 13 section 902.3A. All persons sentenced to confinement for a 5 14 period of more than one year shall be committed to the custody 5 15 of the director of the Iowa department of corrections to be 5 16 confined in a place to be designated by the director and the 5 17 cost of the confinement shall be borne by the state. The 5 18 director may contract with local governmental units for the 5 19 use of detention or correctional facilities maintained by the 5 20 units for the confinement of such persons. 5 21 Sec. 7. Section 907.3, subsection 1, Code 2001, is amended 5 22 by adding the following new paragraph: 5 23 NEW PARAGRAPH. m. The offense is for a determinate term 5 24 of confinement or an additional indeterminate term of years as 5 25 provided in section 902.3A. 5 26 Sec. 8. Section 907.3, subsection 2, Code 2001, is amended 5 27 by adding the following new paragraph: 5 28 NEW PARAGRAPH. g. The offense is for a determinate term 5 29 of confinement or an additional indeterminate term of years as 5 30 provided in section 902.3A. 5 31 Sec. 9. Section 907.3, subsection 3, Code 2001, is amended 5 32 by adding the following new paragraph: 5 33 NEW PARAGRAPH. g. The sentence for a determinate term of 5 34 confinement or an additional indeterminate term of years as 5 35 provided in section 902.3A. 6 1 Sec. 10. DETERMINATE SENTENCING AND RECONSIDERATION OF A 6 2 FELON'S SENTENCE – INFORMATION. The department of 6 3 corrections, in cooperation with the division of criminal and 6 4 juvenile justice planning of the department of human rights, 6 5 the state public defender, and the office of the prosecuting 6 6 attorneys training coordinator in the department of justice, 6 7 shall compile and provide information about determinate 6 8 sentencing under section 902.3A and about reconsideration of a 6 9 felon's sentence under section 902.4 for distribution through 6 10 the Iowa state bar association for the purpose of educating 6 11 attorneys and judges about those sections. 6 12 EXPLANATION 6 13 This bill makes changes to criminal sentences by permitting 6 14 for an aggravated misdemeanor charge for certain burglary in 6 15 the third degree criminal offense, by creating a sentence of a 6 16 determinate term of confinement and an additional 6 17 indeterminate term of years for certain class "D" felonies, 6 18 and by extending the time for reconsideration of certain 6 19 criminal sentences. 6 20 BURGLARY IN THE THIRD DEGREE. The bill changes the 6 21 criminal penalties for burglary in the third degree or 6 22 attempted burglary in the third degree for a burglary 6 23 perpetrated upon an unoccupied motor vehicle, motor truck, or 6 24 vessel. The bill provides that a person who commits a first 6 25 offense burglary in the third degree on an unoccupied motor 6 26 vehicle, motor truck, or vessel commits an aggravated 6 27 misdemeanor and a person who commits a first offense attempted 6 28 burglary in the third degree on an unoccupied motor vehicle, 6 29 motor truck, or vessel commits a serious misdemeanor. Under 6 30 the bill, a person who commits a second or subsequent offense 6 31 or a burglary on any other type of unoccupied structure which 6 32 includes a personal residence commits a class "D" felony. 6 33 DETERMINATE SENTENCING FOR "D" FELONIES. The bill provides 6 34 the court with a determinate sentencing option if mitigating 6 35 circumstances exist and those circumstances are stated 7 1 specifically on the record. The bill provides that the court 7 2 may, at its discretion, sentence a person to a term of 7 3 confinement at an institution of the department of corrections 7 4 for a determinate term less than the maximum indeterminate 7 5 sentence of five years for a class "D" felony. The term of 7 6 confinement shall not be for less than one year. However, if 7 7 the sentence also carries a mandatory minimum sentence, the 7 8 determinate term of confinement shall not be less than the 7 9 mandatory minimum sentence required by law. The bill provides 7 10 that the court is not authorized to defer or suspend the 7 11 sentence, or enter a deferred judgment of a determinate 7 12 sentence entered under this sentencing option. 7 13 The bill provides that if a person is sentenced to a 7 14 determinate term of confinement, the person shall not be 7 15 eligible for parole until one-half of the term has been 7 16 served. The bill also provides that earned time accrued and 7 17 not forfeited shall not apply to cause the person to become 7 18 eligible for parole until the person has served one-half of 7 19 the determinate term of confinement entered under this 7 20 sentencing option. 7 21 Determinate sentencing does not apply to an offense 7 22 classified as a forcible felony, a felony under Code section 7 23 321J.2, felonies in Code chapters 707, 708, and 709, a person 7 24 sentenced as a habitual offender, felonies listed in Code 7 25 section 901A.1, felonies listed in Code section 902.12, or a 7 26 felony committed by a person on parole or work release, or 7 27 while in the custody of the director of the department of 7 28 corrections. 7 29 ADDITIONAL TERM OF YEARS FOR "D" FELONS. The bill also 7 30 provides that if the person is sentenced to a determinate term 7 31 of confinement under this sentencing option, the court shall 7 32 also sentence the person to an additional indeterminate term 7 33 of years not to exceed two years. The sentence of an 7 34 additional indeterminate term of years commences immediately 7 35 upon the expiration of the preceding determinate term of 8 1 confinement and the person shall be assigned to the judicial 8 2 district department of correctional services by the department 8 3 of corrections. 8 4 The bill provides that the district department shall place 8 5 a person serving an additional indeterminate term of years in 8 6 a level of sanction and supervision which is appropriate to 8 7 the person pursuant to the district's intermediate criminal 8 8 sanctions program under Code chapter 901B. The district 8 9 department may transfer a person along the continuum, if 8 10 necessary and appropriate. If a person violates the terms and 8 11 conditions of placement, the district may transfer the person 8 12 to a more restrictive placement as provided in the district's 8 13 program. 8 14 The bill provides that a person serving an additional 8 15 indeterminate term of years may be discharged from the 8 16 sentence in the same manner as a person serving probation may 8 17 be discharged under Code section 907.9. 8 18 The bill provides that a person serving an additional 8 19 indeterminate term of years shall receive credit for any time 8 20 served after expiration from the preceding determinate term of 8 21 confinement against the person's sentence of an additional 8 22 indeterminate term of years. 8 23 The bill also provides that if a person is paroled more 8 24 than six months prior to the expiration of the person's 8 25 determinate term of confinement, the person shall not serve an 8 26 additional indeterminate term of years. 8 27 RECONSIDERATION OF SENTENCES. The bill provides that a 8 28 felon's sentence other than a class "A" felony or where a 8 29 minimum sentence of confinement is imposed may be reconsidered 8 30 by the court within one year from the date of the felon's 8 31 sentence. Current law provides that a felon's sentence may be 8 32 reconsidered by the court within 90 days from the date of the 8 33 felon's sentence. Reconsideration of sentence is where the 8 34 court sentences a person to a term of confinement and then 8 35 orders the person returned to the court, at which time the 9 1 court reviews its previous sentence and may substitute the 9 2 previous sentence with any other sentence permitted by law. 9 3 EDUCATION. The bill provides that the department of 9 4 corrections, in cooperation with the division of criminal and 9 5 juvenile justice planning, the state public defender, and the 9 6 office of the prosecuting attorneys training coordinator, 9 7 shall compile and provide information for distribution about 9 8 the changes to criminal sentencing under the bill. 9 9 LSB 3724HH 79 9 10 jm/cf/24
Text: HF00755 Text: HF00757 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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