Text: SF02299 Text: SF02301 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.409, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1.WheneverIf a personwho has not previously beenis 1 4 convicted of an offense under this chapteror an offense under1 5a state or federal statute relating to narcotic drugs or1 6cocaine, marijuana, or stimulant, depressant, or1 7hallucinogenic drugs, pleads guilty to or is found guilty of1 8possession of a controlled substance under section 124.401,1 9subsection 5, or is sentenced pursuant to section 124.410, the 1 10 court, without entering a judgment of guilt and with the 1 11 consent of the accused, may defer further proceedings and 1 12 place the accused on probation upon terms and conditions as it 1 13 requires. When a person is placed on probation under this 1 14 subsection, the person's appearance bond may be discharged at 1 15 the discretion of the court. Upon violation of a term or 1 16 condition, the court may enter an adjudication of guilt and 1 17 proceed as otherwise provided. Upon fulfillment of the terms 1 18 and conditions, the court shall discharge the person and 1 19 dismiss the proceedings against the person. Discharge and 1 20 dismissal under this section shall be without court 1 21 adjudication of guilt and is not a conviction for purposes of 1 22 this section or for purposes of disqualifications or 1 23 disabilities imposed by law upon conviction of a crime, 1 24 including the additional penalties imposed for second or 1 25 subsequent convictions under section 124.411.Discharge and1 26dismissal under this section may occur only once with respect1 27to any person.1 28 Sec. 2. Section 142C.10, subsection 3, Code 2001, is 1 29 amended to read as follows: 1 30 3. A person who violates this section is guilty of a class 1 31 "C" felonyand is subject to imprisonment not to exceed ten1 32yearsand, notwithstanding section 902.9, is subject to a fine 1 33 not to exceed two hundred fifty thousand dollars, or both. 1 34 Sec. 3. NEW SECTION. 702.6A CRIME AGAINST A PERSON. 1 35 A crime against a person is any felonious crime involving 2 1 death, injury, threats, coercion, intimidation, or duress, or 2 2 any attempt involving the same, or any felonious crime or 2 3 attempt to commit any crime involving a minor. 2 4 Sec. 4. Section 901.5A, Code 2001, is amended by adding 2 5 the following new subsection: 2 6 NEW SUBSECTION. 1A. A defendant may have a judgment and 2 7 sentence entered under section 901.5 reopened for resentencing 2 8 if all of the following apply: 2 9 a. The sentence of the defendant is subject to a maximum 2 10 accumulation of earned time of fifteen percent of the total 2 11 sentence of confinement under section 902.12. 2 12 b. The board of parole and the department of corrections 2 13 file a joint motion in the sentencing court to reopen the 2 14 sentence of the defendant. 2 15 c. The county attorney from the county which prosecuted 2 16 the defendant is served a copy of the motion to reopen by 2 17 certified mail. The motion shall specify that the county 2 18 attorney has thirty days to consult with the victim, if 2 19 possible, and to file a written objection. 2 20 d. The court, upon hearing, grants the motion. 2 21 Sec. 5. Section 901.5A, subsections 2 and 3, Code 2001, 2 22 are amended to read as follows: 2 23 2. Upon a finding by the court that the defendant 2 24 cooperated in the prosecution of other persons or upon the 2 25 court granting a motion to reopen the sentence by the board of 2 26 parole and the department of corrections, the court may reduce 2 27 the maximum sentence imposed under the original sentencing 2 28 order. 2 29 3. For purposes of calculating earned time under section 2 30 903A.2, the sentencing date for a defendant whose sentence has 2 31 been reopened underthis sectionsubsection 1 shall be the 2 32 date of the original sentencing order. If the original 2 33 sentence was subject to the maximum accumulation of earned 2 34 time of fifteen percent of the total sentence of confinement 2 35 under section 902.12, the maximum accumulation of earned time 3 1 on the new sentence of confinement shall not be fifteen 3 2 percent of the new total sentence of confinement imposed by 3 3 the court upon reopening but shall accumulate as provided in 3 4 section 903A.2. Any earned time accumulated on the original 3 5 sentence shall be credited to the new sentence upon reopening. 3 6 Sec. 6. Section 901.5A, Code 2001, is amended by adding 3 7 the following new subsection: 3 8 NEW SUBSECTION. 3A. Upon reopening, a person serving a 3 9 sentence that was subject to the maximum accumulation of 3 10 earned time of fifteen percent of the total sentence of 3 11 confinement under section 902.12 may be paroled if eligible. 3 12 Sec. 7. Section 902.9, subsection 2, Code Supplement 2001, 3 13 is amended to read as follows: 3 14 2. A class "B" felon shall be confined for no more than 3 15 twenty-five years for a crime against a person and fifteen 3 16 years for all other felonies classified as a class "B" felony. 3 17 Sec. 8. Section 902.9, subsections 4 and 5, Code 3 18 Supplement 2001, are amended to read as follows: 3 19 4. A class "C" felon, not an habitual offender, shall be 3 20 confined for no more than ten years, and infor a crime 3 21 against a person and seven years for all other felonies 3 22 classified as a class "C" felony. In addition the felon shall 3 23 be sentenced to a fine of at least one thousand dollars but 3 24 not more than ten thousand dollars. 3 25 5. A class "D" felon, not an habitual offender, shall be 3 26 confined for no more than five years, and infor a crime 3 27 against a person and three years for all other felonies 3 28 classified as a class "D" felony. In addition the felon shall 3 29 be sentenced to a fine of at least seven hundred fifty dollars 3 30 but not more than seven thousand five hundred dollars. A 3 31 class "D" felon, such felony being for a violation of section 3 32 321J.2, may be sentenced to imprisonment for up to one year in 3 33 the county jail. 3 34 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 35 3, shall not apply to this Act. 4 1 EXPLANATION 4 2 This bill makes changes to criminal sentencing. 4 3 DRUG-RELATED OFFENSES AND DISCHARGE. The bill permits a 4 4 defendant to receive a second or subsequent conditional 4 5 discharge of a sentence for an offense committed under Code 4 6 chapter 124 or any other drug-related offense. A conditional 4 7 discharge permits the court, upon a plea or conviction of 4 8 guilt, to defer entering judgment of guilt and place the 4 9 defendant on probation. If the defendant violates probation, 4 10 the court may enter an adjudication of guilt and sentence the 4 11 defendant. If the defendant fulfills the terms of probation, 4 12 the court shall dismiss the proceedings against the defendant 4 13 without an adjudication of guilt. 4 14 PROPERTY CRIME PENALTIES. The bill creates a different 4 15 penalty for a crime committed against a person as opposed to a 4 16 crime which is not committed against a person. The bill 4 17 defines a crime against a person as a felonious crime 4 18 involving a death, injury, threats, coercion, intimidation, or 4 19 duress, or any attempt involving the same, or any felonious 4 20 crime or attempt to commit any crime involving a minor. The 4 21 bill does not change the current maximum term of confinement 4 22 generally applicable for a crime committed against a person. 4 23 However, the bill does change the maximum term of confinement 4 24 generally applicable for a crime which is not committed 4 25 against a person. 4 26 The maximum term of confinement for a class "B" felony 4 27 under the bill is 25 years for a crime against a person and 15 4 28 years for any other felony classified as a class "B" felony. 4 29 The maximum term of confinement for a class "C" felony under 4 30 the bill is 10 years for a crime against a person and seven 4 31 years for any other felony classified as a class "C" felony. 4 32 The maximum term of confinement for a class "D" felony under 4 33 the bill is five years for a crime against a person and three 4 34 years for any other felony classified as a class "D" felony. 4 35 The different penalties created within each felony 5 1 classification under this bill do not apply to a class "A" 5 2 felony, or a class "B" felony requiring a maximum term of 5 3 confinement of 50 years, or a misdemeanor. 5 4 EIGHTY-FIVE PERCENT SENTENCE REOPENINGS. The bill also 5 5 provides for the reopening of a judgment and sentence for a 5 6 person serving a sentence that requires the maximum 5 7 accumulation of earned time credits of 15 percent of the total 5 8 sentence of confinement or most commonly referred to as an 85 5 9 percent sentence. 5 10 Under the bill, an 85 percent sentence may be reopened upon 5 11 a motion by the board of parole and the department of 5 12 corrections if the original sentencing court grants the 5 13 motion. The county attorney from the county which prosecuted 5 14 the defendant may, after consulting with the victim, if the 5 15 victim can be found, file an objection to the motion to 5 16 reopen. If the sentence is reopened, the court may resentence 5 17 the defendant and reduce the maximum sentence imposed in the 5 18 original sentencing order and the new sentence shall no longer 5 19 be subject to the maximum accumulation of earned time of 15 5 20 percent of the total sentence of confinement. If a defendant 5 21 is resentenced to a new maximum sentence, the maximum 5 22 accumulation of earned time shall be calculated in the same 5 23 manner as other offenses in Code chapter 903A, which is one 5 24 and two-tenths days for each day the inmate demonstrates good 5 25 conduct or satisfactorily participates in prison programs. 5 26 Any earned time accumulated on the original sentence shall be 5 27 credited to the new sentence upon reopening. If a sentence is 5 28 reopened, the defendant may be paroled if eligible. 5 29 A serious misdemeanor is punishable by confinement for no 5 30 more than one year and a fine of at least $250 but not more 5 31 than $1,500. An aggravated misdemeanor is punishable by 5 32 confinement for no more than two years and a fine of at least 5 33 $500 but not more than $5,000. Current law provides a class 5 34 "B" felony is punishable by confinement for no more than 25 5 35 years. A class "C" felony is punishable by confinement for no 6 1 more than 10 years and a fine of at least $1,000 but not more 6 2 than $10,000. A class "D" felony is punishable by confinement 6 3 for no more than five years and a fine of at least $750 but 6 4 not more than $7,500. 6 5 LSB 5611SV 79 6 6 jm/sh/8
Text: SF02299 Text: SF02301 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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