Text: SF00542 Text: SF00544 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 543 1 2 1 3 AN ACT 1 4 MAKING CHANGES TO CRIMINAL SENTENCES BY PERMITTING AN AGGRAVATED 1 5 MISDEMEANOR CHARGE FOR CERTAIN BURGLARY IN THE THIRD DEGREE 1 6 CRIMINAL OFFENSES, BY CREATING A SENTENCE OF A DETERMINATE 1 7 TERM OF CONFINEMENT AND AN ADDITIONAL INDETERMINATE TERM 1 8 OF YEARS FOR CERTAIN CLASS "D" FELONIES, BY EXTENDING THE 1 9 LENGTH OF TIME FOR RECONSIDERATION OF CERTAIN FELONY 1 10 SENTENCES, AND PROVIDING PENALTIES. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. Section 713.6A, Code 2001, is amended to read 1 15 as follows: 1 16 713.6A BURGLARY IN THE THIRD DEGREE. 1 17 1. All burglary which is not burglary in the first degree 1 18 or burglary in the second degree is burglary in the third 1 19 degree. Burglary in the third degree is a class "D" felony, 1 20 except as provided in subsection 2. 1 21 2. Burglary in the third degree involving a burglary of an 1 22 unoccupied motor vehicle or motor truck as defined in section 1 23 321.1, or a vessel defined in section 462A.2, is an aggravated 1 24 misdemeanor for a first offense. A second or subsequent 1 25 conviction under this section is punishable under subsection 1 26 1. 1 27 Sec. 2. Section 713.6B, Code 2001, is amended to read as 1 28 follows: 1 29 713.6B ATTEMPTED BURGLARY IN THE THIRD DEGREE. 1 30 1. All attempted burglary which is not attempted burglary 1 31 in the first degree or attempted burglary in the second degree 1 32 is attempted burglary in the third degree. Attempted burglary 1 33 in the third degree is an aggravated misdemeanor, except as 1 34 provided in subsection 2. 1 35 2. Attempted burglary in the third degree involving an 2 1 attempted burglary of an unoccupied motor vehicle or motor 2 2 truck as defined in section 321.1, or a vessel defined in 2 3 section 462A.2, is a serious misdemeanor for a first offense. 2 4 A second or subsequent conviction under this section is 2 5 punishable under subsection 1. 2 6 Sec. 3. Section 901.5, Code 2001, is amended by adding the 2 7 following new subsection: 2 8 NEW SUBSECTION. 13. In addition to any sentence or other 2 9 penalty imposed against the defendant, the court shall 2 10 sentence the defendant to an additional indeterminate term of 2 11 years if required under section 902.3A, subsection 2. 2 12 Sec. 4. NEW SECTION. 902.3A DETERMINATE SENTENCING AND 2 13 ADDITIONAL TERM OF YEARS FOR CLASS "D" FELONS. 2 14 1. Notwithstanding section 902.3, when a conviction for a 2 15 class "D" felony is entered against a person, the court, at 2 16 its discretion, in imposing a sentence of confinement pursuant 2 17 to section 901.5, may commit the person into the custody of 2 18 the director of the Iowa department of corrections for a 2 19 determinate term of less than the maximum length of the 2 20 sentence prescribed by section 902.9, subsection 5, if 2 21 mitigating circumstances exist and those circumstances are 2 22 stated specifically on the record. 2 23 a. The determinate term of confinement shall not be for 2 24 less than one year and if a mandatory minimum sentence is 2 25 required by law, the determinate term of confinement imposed 2 26 under this section shall not be less than the mandatory 2 27 minimum term of confinement prescribed by law. 2 28 b. A person sentenced to a determinate term of confinement 2 29 under this section shall not be eligible for parole until the 2 30 person has served one-half of the determinate term of 2 31 confinement under the sentence. 2 32 c. Earned time shall be calculated as provided in chapter 2 33 903A. However, earned time accrued and not forfeited shall 2 34 not apply to cause the person to become eligible for parole 2 35 until the person has served one-half of the determinate term 3 1 of confinement. 3 2 d. A person on parole or work release under a determinate 3 3 term of confinement imposed under this section shall be 3 4 subject to the terms and conditions of parole or work release 3 5 as set out in chapter 906. Violations of parole or work 3 6 release shall be subject to the procedures set out in chapters 3 7 905 and 908 or rules adopted under those chapters. 3 8 e. This section does not apply to an offense classified as 3 9 a forcible felony, a felony under section 321J.2, felonies in 3 10 chapters 707, 708, and 709, a person sentenced as a habitual 3 11 offender, felonies listed in section 901A.1, felonies listed 3 12 in section 902.12, or a felony committed by a person on parole 3 13 or work release, or while in the custody of the director of 3 14 the department of corrections. 3 15 2. When the person is sentenced and committed into the 3 16 custody of the director of the department of corrections 3 17 pursuant to subsection 1, the person shall also be sentenced 3 18 to an additional indeterminate term of years not to exceed two 3 19 years. The sentence of an additional term shall be 3 20 consecutive to the determinate term of confinement. 3 21 a. The sentence of an additional indeterminate term of 3 22 years shall commence immediately upon the expiration of the 3 23 determinate term of confinement and the person shall be 3 24 assigned to the judicial district department of correctional 3 25 services by the department of corrections. The district 3 26 department shall place a person assigned to it under this 3 27 paragraph in a level of sanction and supervision which is 3 28 appropriate to the person pursuant to the district's 3 29 intermediate criminal sanctions program operated under chapter 3 30 901B. 3 31 b. The district department may transfer a person along the 3 32 continuum of the intermediate criminal sanctions program 3 33 operated pursuant to chapter 901B as necessary and appropriate 3 34 during the period the person is assigned to the district 3 35 department. If the person violates the terms and conditions 4 1 of the placement, the district may transfer the person to a 4 2 more restrictive placement as provided in the program. 4 3 c. A person serving an additional indeterminate term of 4 4 years may be discharged from that sentence in the same manner 4 5 as a person serving probation may be discharged under section 4 6 907.9. Discharge from an additional indeterminate term of 4 7 years terminates the person's sentence of an additional 4 8 indeterminate term of years. 4 9 d. A person serving an additional indeterminate term of 4 10 years shall receive credit for any time served after discharge 4 11 from the preceding determinate term of confinement against the 4 12 person's sentence of an additional indeterminate term of 4 13 years. 4 14 3. Notwithstanding subsection 2, if a person is paroled at 4 15 least six months prior to the expiration of the person's 4 16 determinate term of confinement, the person shall not serve an 4 17 additional indeterminate term of years. 4 18 4. Section 907.3 governs the inapplicability of deferred 4 19 judgments and deferred or suspended sentences to sentences 4 20 imposed under this section. 4 21 Sec. 5. Section 902.4, Code 2001, is amended to read as 4 22 follows: 4 23 902.4 RECONSIDERATION OF FELON'S SENTENCE. 4 24 For a period ofninety daysone year from the date when a 4 25 person convicted of a felony, other than a class "A" felony or 4 26 a felony for which a minimum sentence of confinement is 4 27 imposed, begins to serve a sentence of confinement, the court, 4 28 on its own motion or on the recommendation of the director of 4 29 the Iowa department of corrections, may order the person to be 4 30 returned to the court, at which time the court may review its 4 31 previous action and reaffirm it or substitute for it any 4 32 sentence permitted by law. Copies of the order to return the 4 33 person to the court shall be provided to the attorney for the 4 34 state, the defendant's attorney, and the defendant. Upon a 4 35 request of the attorney for the state, the defendant's 5 1 attorney, or the defendant if the defendant has no attorney, 5 2 the court may, but is not required to, conduct a hearing on 5 3 the issue of reconsideration of sentence. The court shall not 5 4 disclose its decision to reconsider or not to reconsider the 5 5 sentence of confinement until the date reconsideration is 5 6 ordered or the date theninety-dayone-year period expires, 5 7 whichever occurs first. The district court retains 5 8 jurisdiction for the limited purposes of conducting such 5 9 review and entering an appropriate order notwithstanding the 5 10 timely filing of a notice of appeal. The court's final order 5 11 in the proceeding shall be delivered to the defendant 5 12 personally or by certified mail. The court's decision to take 5 13 the action or not to take the action is not subject to appeal. 5 14 However, for the purposes of appeal, a judgment of conviction 5 15 of a felony is a final judgment when pronounced. 5 16 Sec. 6. Section 903.4, Code 2001, is amended to read as 5 17 follows: 5 18 903.4 PROVIDING PLACE OF CONFINEMENT. 5 19 All persons sentenced to confinement for a period of one 5 20 year or less shall be confined in a place to be furnished by 5 21 the county where the conviction was had unless the person is 5 22 presently committed to the custody of the director of the Iowa 5 23 department of corrections, in which case the provisions of 5 24 section 901.8 apply, or unless the person is serving a 5 25 determinate term of confinement of one year pursuant to 5 26 section 902.3A. All persons sentenced to confinement for a 5 27 period of more than one year shall be committed to the custody 5 28 of the director of the Iowa department of corrections to be 5 29 confined in a place to be designated by the director and the 5 30 cost of the confinement shall be borne by the state. The 5 31 director may contract with local governmental units for the 5 32 use of detention or correctional facilities maintained by the 5 33 units for the confinement of such persons. 5 34 Sec. 7. Section 907.3, subsection 1, Code 2001, is amended 5 35 by adding the following new paragraph: 6 1 NEW PARAGRAPH. m. The offense is for a determinate term 6 2 of confinement or an additional indeterminate term of years as 6 3 provided in section 902.3A. 6 4 Sec. 8. Section 907.3, subsection 2, Code 2001, is amended 6 5 by adding the following new paragraph: 6 6 NEW PARAGRAPH. g. The offense is for a determinate term 6 7 of confinement or an additional indeterminate term of years as 6 8 provided in section 902.3A. 6 9 Sec. 9. Section 907.3, subsection 3, Code 2001, is amended 6 10 by adding the following new paragraph: 6 11 NEW PARAGRAPH. g. The sentence for a determinate term of 6 12 confinement or an additional indeterminate term of years as 6 13 provided in section 902.3A. 6 14 Sec. 10. DETERMINATE SENTENCING AND RECONSIDERATION OF A 6 15 FELON'S SENTENCE – INFORMATION. The department of 6 16 corrections, in cooperation with the division of criminal and 6 17 juvenile justice planning of the department of human rights, 6 18 the state public defender, and the office of the prosecuting 6 19 attorneys training coordinator in the department of justice, 6 20 shall compile and provide information about determinate 6 21 sentencing under section 902.3A and about reconsideration of a 6 22 felon's sentence under section 902.4 for distribution through 6 23 the Iowa state bar association for the purpose of educating 6 24 attorneys and judges about those sections. 6 25 6 26 6 27 6 28 MARY E. KRAMER 6 29 President of the Senate 6 30 6 31 6 32 6 33 BRENT SIEGRIST 6 34 Speaker of the House 6 35 7 1 I hereby certify that this bill originated in the Senate and 7 2 is known as Senate File 543, Seventy-ninth General Assembly. 7 3 7 4 7 5 7 6 MICHAEL E. MARSHALL 7 7 Secretary of the Senate 7 8 Approved , 2001 7 9 7 10 7 11 7 12 THOMAS J. VILSACK 7 13 Governor
Text: SF00542 Text: SF00544 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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