Text: HF02554 Text: HF02556 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 subparagraph (2), Code 2001, is amended by adding the 1 3 following new subparagraph subdivision: 1 4 NEW SUBPARAGRAPH SUBDIVISION. (g) 3,4- 1 5 methylenedioxymethamphetamine (MDMA), its salts, isomers, or 1 6 salts of isomers. 1 7 Sec. 2. Section 124.401, subsection 1, paragraph b, Code 1 8 2001, is amended by adding the following new subparagraph: 1 9 NEW SUBPARAGRAPH. (9) More than ten grams but not more 1 10 than five kilograms of 3,4-methylenedioxymethamphetamine 1 11 (MDMA), its salts, isomers, or salts of isomers, or any 1 12 compound, mixture or preparation which contains any quantity 1 13 of detectable amount of MDMA, its salts, isomers, or salts of 1 14 isomers. 1 15 Sec. 3. Section 124.401, subsection 1, paragraph c, Code 1 16 2001, is amended by adding the following new subparagraph: 1 17 NEW SUBPARAGRAPH. (7A) Ten grams or less of 3,4- 1 18 methylenedioxymethamphetamine (MDMA), its salts, isomers, or 1 19 salts of isomers, or any compound, mixture or preparation 1 20 which contains any quantity of detectable amount of MDMA, its 1 21 salts, isomers, or salts of isomers. 1 22 Sec. 4. Section 124.401, subsection 4, unnumbered 1 23 paragraph 1, Code 2001, is amended to read as follows: 1 24 A person who possesses any product containing any of the 1 25 following commits a class "D" felony, if the person possesses 1 26 with the intentto use the productthat the product be used to 1 27 manufacture any controlled substance: 1 28 Sec. 5. Section 124.401A, Code 2001, is amended to read as 1 29 follows: 1 30 124.401A ENHANCED PENALTY FOR MANUFACTURE OR DISTRIBUTION 1 31 TO PERSONS ON CERTAIN REAL PROPERTY. 1 32 In addition to any other penalties provided in this 1 33 chapter, a person who is eighteen years of age or older who 1 34 unlawfully manufactures with intent to distribute, 1 35 distributes, or possesses with intent to distribute a 2 1 substance or counterfeit substance listed in schedule I, II, 2 2 or III, or a simulated controlled substance represented to be 2 3 a controlled substance classified in schedule I, II, or III, 2 4 to another person who is eighteen years of age or older in or 2 5 on, or within one thousand feet of the real property 2 6 comprising a public or private elementary or secondary school, 2 7 public park, public swimming pool, public recreation center, 2 8 or on a marked school bus, may be sentenced up to an 2 9 additional term of confinement of five years. 2 10 Sec. 6. Section 124.409, subsection 1, Code 2001, is 2 11 amended by striking the subsection. 2 12 Sec. 7. Section 321J.2, subsection 3, paragraph a, 2 13 subparagraph (3), Code 2001, is amended by striking the 2 14 subparagraph. 2 15 Sec. 8. Section 462A.14, subsection 3, paragraph a, 2 16 subparagraph (3), Code 2001, is amended by striking the 2 17 subparagraph. 2 18 Sec. 9. Section 622.53, Code 2001, is amended to read as 2 19 follows: 2 20 622.53 JUDICIAL RECORD – STATE OR FEDERAL COURTS. 2 21 A judicial record of this state, including the filed 2 22 certified shorthand notes of the official court reporter as 2 23 transcribed or a court of the United States may be proved by 2 24 the production of the original, or a copy of it certified by 2 25 the clerk or person having the legal custody of it, 2 26 authenticated by the custodian's seal of office, if there is a 2 27 seal.ThatA judicial record of another state may be proved 2 28 by the attestation of the clerk and the seal of the court 2 29 annexed, if there is a seal, together with a certificate of a2 30judge, chief justice, or presiding magistrate that the2 31attestation is in due form of law. 2 32 Sec. 10. Section 711.3, Code 2001, is amended to read as 2 33 follows: 2 34 711.3 ROBBERY IN THE SECOND DEGREE. 2 35 All robbery which is not robbery in the first degree is 3 1 robbery in the second degree, except as provided in section 3 2 711.3A. Robbery in the second degree is a class "C" felony. 3 3 Sec. 11. NEW SECTION. 711.3A ROBBERY IN THE THIRD 3 4 DEGREE. 3 5 A person commits robbery in the third degree when, while 3 6 perpetrating a robbery, the person does not do any of the 3 7 following: cause injury, attempt to cause injury, threaten to 3 8 cause injury or to commit a forcible felony, purposefully put 3 9 another in fear of injury, possess a firearm or dangerous 3 10 weapon, commit a theft of cash or an item with a value greater 3 11 than fifty dollars, or commit a robbery of a financial 3 12 institution as defined in section 12C.1. Robbery in the third 3 13 degree is a class "D" felony. 3 14 Sec. 12. Section 713.6A, subsection 2, Code Supplement 3 15 2001, is amended to read as follows: 3 16 2. Burglary in the third degree involving a burglary of an 3 17 unoccupied motor vehicle or motor truck as defined in section 3 18 321.1, or a vessel defined in section 462A.2, is an aggravated 3 19 misdemeanor for a first offense.A second or subsequentIf 3 20 the person has a prior conviction under thissectionchapter, 3 21 the offense is punishable under subsection 1. 3 22 Sec. 13. Section 713.6B, subsection 2, Code Supplement 3 23 2001, is amended to read as follows: 3 24 2. Attempted burglary in the third degree involving an 3 25 attempted burglary of an unoccupied motor vehicle or motor 3 26 truck as defined in section 321.1, or a vessel defined in 3 27 section 462A.2, is a serious misdemeanor for a first offense. 3 28A second or subsequentIf the person has a prior conviction 3 29 under thissectionchapter, the offense is punishable under 3 30 subsection 1. 3 31 Sec. 14. Section 901.5, Code 2001, is amended by adding 3 32 the following new subsection: 3 33 NEW SUBSECTION. 13. In addition to any sentence or other 3 34 penalty imposed against the defendant, the court shall 3 35 sentence the defendant to an additional term of years if 4 1 required under section 902.13. 4 2 Sec. 15. NEW SECTION. 901.11 DEFERRED JUDGMENTS – 4 3 PREVIOUS OFFENSES FOR PURPOSES OF ENHANCEMENT. 4 4 In determining if an offense is a second or subsequent 4 5 offense for purposes of sentencing, the following shall apply: 4 6 1. A deferred judgment entered pursuant to section 907.3 4 7 for the same offense shall be counted as a previous offense. 4 8 2. A conviction, deferred judgment, or the equivalent of a 4 9 deferred judgment for a violation in any other state under a 4 10 statute substantially corresponding to the offense shall be 4 11 counted as a previous offense. The courts shall judicially 4 12 notice the statutes of other states which define offenses 4 13 substantially equivalent to those defined in the Code and can 4 14 therefore be considered corresponding statutes. 4 15 3. Each previous offense for which conviction or deferral 4 16 of judgment was entered prior to the date of the violation 4 17 charged shall be considered and counted as a separate previous 4 18 offense. 4 19 Sec. 16. Section 902.3A, subsection 1, unnumbered 4 20 paragraph 1, Code Supplement 2001, is amended to read as 4 21 follows: 4 22 Notwithstanding section 902.3, when a conviction for a 4 23 class "D" felony or a class "C" felony under section 124.401, 4 24 subsection 1, paragraph "c", is entered against a person, the 4 25 court, at its discretion, in imposing a sentence of 4 26 confinement pursuant to section 901.5, may commit the person 4 27 into the custody of the director of the Iowa department of 4 28 corrections for a determinate term of less than the maximum 4 29 length of the sentence prescribed by section 902.9,subsection4 305, if mitigating circumstances exist and those circumstances4 31are stated specifically on the record. 4 32 Sec. 17. Section 902.3A, subsection 1, paragraph e, Code 4 33 Supplement 2001, is amended to read as follows: 4 34 e. This section does not apply to an offense classified as 4 35 a forcible felony, a felony under section 321J.2, felonies in 5 1 chapters 707, 708,and 709,a person sentenced as a habitual5 2offender, felonies listed in section 901A.1,or felonies 5 3 listed in section 902.12 or 902.13, or a felony committed by a5 4person on parole or work release, or while in the custody of5 5the director of the department of corrections. 5 6 Sec. 18. Section 902.3A, subsection 3, Code Supplement 5 7 2001, is amended by striking the subsection. 5 8 Sec. 19. Section 902.11, unnumbered paragraph 1, Code 5 9 2001, is amended to read as follows: 5 10 A person serving a sentence for conviction of a felony, 5 11 other than a forcible felony under section 902.12 or 902.13, 5 12 who has a criminal record of one or more prior convictions for 5 13 a forcible felony or a crime of a similar gravity in this or 5 14 any other state, shall be denied parole or work release unless 5 15 the person has served at least one-half of the maximum term of 5 16 the defendant's sentence. However, the mandatory sentence 5 17 provided for by this section does not apply if either of the 5 18 following apply: 5 19 Sec. 20. Section 902.12, subsection 5, unnumbered 5 20 paragraph 1, Code 2001, is amended to read as follows: 5 21 5. Robbery in the firstor seconddegree in violation of 5 22 section 711.2or 711.3. 5 23 Sec. 21. NEW SECTION. 902.13 MINIMUM SENTENCE – ROBBERY 5 24 SECOND. 5 25 1. Except as otherwise provided in section 903A.2, a 5 26 person serving a sentence for conviction of robbery in the 5 27 second degree shall serve one hundred percent of the maximum 5 28 term of the person's sentence and shall not be released on 5 29 parole or work release. 5 30 2. The person shall also be sentenced to an additional 5 31 term of three years. The board of parole shall determine 5 32 whether the person should be released on parole or placed in a 5 33 work release program. When a person commences service of the 5 34 additional term of years, the person shall initially be 5 35 released by the board of parole subject to the terms and 6 1 conditions set out in chapter 906. Violations of the terms 6 2 and conditions of release shall be subject to the procedures 6 3 set out in chapter 905 or 908 or rules adopted under those 6 4 chapters. The sentence of an additional term of years shall 6 5 be consecutive to the original term of confinement. 6 6 Sec. 22. Section 903A.2, subsection 1, paragraph a, Code 6 7 2001, is amended to read as follows: 6 8 a. Category "A" sentences are those sentences which are 6 9 not subject to a maximum accumulation of earned timeof6 10fifteen percent of the total sentence of confinementunder 6 11 section 902.12 or 902.13. To the extent provided in 6 12 subsection 5, category "A" sentences also include life 6 13 sentences imposed under section 902.1. An inmate of an 6 14 institution under the control of the department of corrections 6 15 who is serving a category "A" sentence is eligible for a 6 16 reduction of sentence equal to one and two-tenths days for 6 17 each day the inmate demonstrates good conduct and 6 18 satisfactorily participates in any program or placement status 6 19 identified by the director to earn the reduction. The 6 20 programs include but are not limited to the following: 6 21 Sec. 23. Section 903A.2, subsection 1, Code 2001, is 6 22 amended by adding the following new paragraph: 6 23 NEW PARAGRAPH. c. Category "C" sentences are those 6 24 sentences which are subject to a maximum accumulation of 6 25 earned time of thirty percent of the total sentence of 6 26 confinement under section 902.13. An inmate of an institution 6 27 under the control of the department of corrections who is 6 28 serving a category "C" sentence is eligible for a reduction of 6 29 sentence equal to three-sevenths of a day for each day of good 6 30 conduct by the inmate. 6 31 Sec. 24. Section 903A.7, Code 2001, is amended to read as 6 32 follows: 6 33 903A.7 SEPARATE SENTENCES. 6 34 Consecutive multiple sentences that are within the same 6 35 category under section 903A.2 shall be construed as one 7 1 continuous sentence for purposes of calculating reductions of 7 2 sentence for earned time. If a person is sentenced to serve 7 3 sentences ofbothmultiple categories, category "B" sentences 7 4 shall be served before category "C" and category "A" sentences 7 5 are served, and category "C" sentences shall be served before 7 6 category "A" sentences are served, and earned time accrued 7 7 against the category "B" sentences shall not be used to reduce 7 8 the category "C" or category "A" sentences, and earned time 7 9 accrued against category "C" sentences shall not be used to 7 10 reduce category "A" or category "B" sentences. If an inmate 7 11 serving a category "A" sentence is sentenced to serve a 7 12 category "B" sentence or a category "C" sentence, the category 7 13 "A" sentence shall be interrupted, and no further earned time 7 14 shall accrue against that sentence until the category "B" 7 15 sentence is completed. If an inmate serving a category "C" 7 16 sentence is sentenced to serve a category "B" sentence, the 7 17 category "C" sentence shall be interrupted, and no further 7 18 earned time shall accrue against that sentence until the 7 19 category "B" sentence is completed. 7 20 Sec. 25. Section 906.15, unnumbered paragraph 1, Code 7 21 2001, is amended to read as follows: 7 22 Unless sooner discharged, a person released on parole shall 7 23 be discharged when the person's term of parole equals the 7 24 period of imprisonment specified in the person's sentence, 7 25 less all time served in confinement. Discharge from parole 7 26 may be granted prior to such time, when an early discharge is 7 27 appropriate. The board shall periodically review all paroles, 7 28 and when the board determines that any person on parole is 7 29 able and willing to fulfill the obligations of a law-abiding 7 30 citizen without further supervision, the board shall discharge 7 31 the person from parole. A parole officer shall periodically 7 32 review all paroles assigned to the parole officer, and when 7 33 the parole officer determines that any person assigned to the 7 34 officer is able and willing to fulfill the obligations of a 7 35 law-abiding citizen without further supervision, the officer 8 1 may discharge the person from parole after notification and 8 2 approval of the district director and notification of the 8 3 board of parole. In any event, discharge from parole shall 8 4 terminate the person's sentence. However, if a person has 8 5 been sentenced to an additional term of years under section 8 6 902.13, the person shall not be discharged from the term until 8 7 the additional term of years has been served. However, a 8 8 person convicted of a violation of section 709.3, 709.4 or 8 9 709.8 committed on or with a child shall not be discharged 8 10 from parole until the person's term of parole equals the 8 11 period of imprisonment specified in the person's sentence, 8 12 less all time served in confinement. 8 13 Sec. 26. Section 907.3, subsection 1, paragraph c, Code 8 14 2001, is amended to read as follows: 8 15 c. Prior to the commission of the offense the defendant 8 16 had been granted a deferred judgment or similar relief, two or8 17more timesanywhere in the United States. 8 18 Sec. 27. Section 907.3, subsection 1, paragraph d, Code 8 19 2001, is amended by striking the paragraph. 8 20 Sec. 28. Section 907.3, subsection 1, paragraph g, 8 21 subparagraph (3), Code 2001, is amended by striking the 8 22 subparagraph. 8 23 Sec. 29. 2001 Iowa Acts, chapter 186, section 6, 8 24 subsection 6, is amended by striking the subsection. 8 25 Sec. 30. EFFECTIVE DATE. The section of this Act amending 8 26 2001 Iowa Acts, chapter 186, section 6, subsection 6, being 8 27 deemed of immediate importance, takes effect upon enactment. 8 28 HF 2555 8 29 jm/es/25
Text: HF02554 Text: HF02556 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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