Text: SSB03113 Text: SSB03115 Text: SSB03100 - SSB03199 Text: SSB 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 822.2, subsection 6, Code 2001, is amended 2 5 to read as follows: 2 6 6. The person's reduction of sentence pursuant to sections 2 7 903A.1 through903A.7903A.6 has been unlawfully forfeited and 2 8 the person has exhausted the appeal procedure of section 2 9 903A.3, subsection 2; or 2 10 Sec. 5. Section 901.5A, Code 2001, is amended by adding 2 11 the following new subsection: 2 12 NEW SUBSECTION. 1A. A defendant may have a judgment and 2 13 sentence entered under section 901.5 reopened for resentencing 2 14 if all of the following apply: 2 15 a. The sentence of the defendant is subject to a maximum 2 16 accumulation of earned time of fifteen percent of the total 2 17 sentence of confinement under section 902.12, Code 2001. 2 18 b. The board of parole and the department of corrections 2 19 file a joint motion in the sentencing court to reopen the 2 20 sentence of the defendant. 2 21 c. The county attorney from the county which prosecuted 2 22 the defendant is served a copy of the motion to reopen by 2 23 certified mail. The motion shall specify that the county 2 24 attorney has thirty days to consult with the victim, if 2 25 possible, and to file a written objection. 2 26 d. The court, upon hearing, grants the motion. 2 27 Sec. 6. Section 901.5A, subsections 2 and 3, Code 2001, 2 28 are amended to read as follows: 2 29 2. Upon a finding by the court that the defendant 2 30 cooperated in the prosecution of other persons or upon the 2 31 court granting a motion to reopen the sentence by the board of 2 32 parole and the department of corrections, the court may reduce 2 33 the maximum sentence imposed under the original sentencing 2 34 order. 2 35 3. For purposes of calculating earned time under section 3 1 903A.2, the sentencing date for a defendant whose sentence has 3 2 been reopened underthis sectionsubsection 1 shall be the 3 3 date of the original sentencing order. If the original 3 4 sentence was subject to the maximum accumulation of earned 3 5 time of fifteen percent of the total sentence of confinement 3 6 under section 902.12, Code 2001, the maximum accumulation of 3 7 earned time on the new sentence of confinement shall not be 3 8 fifteen percent of the new total sentence of confinement 3 9 imposed by the court upon reopening but shall accumulate as 3 10 provided in section 903A.2. Any earned time accumulated on 3 11 the original sentence shall be credited to the new sentence 3 12 upon reopening. 3 13 Sec. 7. Section 901.5A, Code 2001, is amended by adding 3 14 the following new subsection: 3 15 NEW SUBSECTION. 3A. A person serving a sentence that was 3 16 subject to the maximum accumulation of earned time of fifteen 3 17 percent of the total sentence of confinement under section 3 18 902.12, Code 2001, if the sentence is reopened a person may be 3 19 paroled if eligible. 3 20 Sec. 8. Section 901.8, Code 2001, is amended to read as 3 21 follows: 3 22 901.8 CONSECUTIVE SENTENCES. 3 23 If a person is sentenced for two or more separate offenses, 3 24 the sentencing judge may order the second or further sentence 3 25 to begin at the expiration of the first or succeeding 3 26 sentence. If a person is sentenced for escape under section 3 27 719.4 or for a crime committed while confined in a detention 3 28 facility or penal institution, the sentencing judge shall 3 29 order the sentence to begin at the expiration of any existing 3 30 sentence. If the person is presently in the custody of the 3 31 director of the Iowa department of corrections, the sentence 3 32 shall be served at the facility or institution in which the 3 33 person is already confined unless the person is transferred by 3 34 the director.Except as otherwise provided in section 903A.7,3 35ifIf consecutive sentences are specified in the order of 4 1 commitment, the several terms shall be construed as one 4 2 continuous term of imprisonment. 4 3 Sec. 9. Section 902.3A, subsection 1, paragraph e, Code 4 4 Supplement 2001, is amended to read as follows: 4 5 e. This section does not apply to an offense classified as 4 6 a forcible felony, a felony under section 321J.2, felonies in 4 7 chapters 707, 708, and 709, a person sentenced as a habitual 4 8 offender, felonies listed in section 901A.1,felonies listed4 9in section 902.12,or a felony committed by a person on parole 4 10 or work release, or while in the custody of the director of 4 11 the department of corrections. 4 12 Sec. 10. Section 902.9, subsection 2, Code Supplement 4 13 2001, is amended to read as follows: 4 14 2. A class "B" felon shall be confined for no more than 4 15 twenty-five years for a crime against a person and fifteen 4 16 years for all other felonies classified as a class "B" felony. 4 17 Sec. 11. Section 902.9, subsections 4 and 5, Code 4 18 Supplement 2001, are amended to read as follows: 4 19 4. A class "C" felon, not an habitual offender, shall be 4 20 confined for no more than ten years, and infor a crime 4 21 against a person and seven years for all other felonies 4 22 classified as a class "C" felony. In addition the felon shall 4 23 be sentenced to a fine of at least one thousand dollars but 4 24 not more than ten thousand dollars. 4 25 5. A class "D" felon, not an habitual offender, shall be 4 26 confined for no more than five years, and infor a crime 4 27 against a person and three years for all other felonies 4 28 classified as a class "D" felony. In addition the felon shall 4 29 be sentenced to a fine of at least seven hundred fifty dollars 4 30 but not more than seven thousand five hundred dollars. A 4 31 class "D" felon, such felony being for a violation of section 4 32 321J.2, may be sentenced to imprisonment for up to one year in 4 33 the county jail. 4 34 Sec. 12. Section 902.11, unnumbered paragraph 1, Code 4 35 2001, is amended to read as follows: 5 1 A person serving a sentence for conviction of a felony,5 2other than a forcible felony under section 902.12,who has a 5 3 criminal record of one or more prior convictions for a 5 4 forcible felony or a crime of a similar gravity in this or any 5 5 other state,shall be denied parole or work release unless the 5 6 person has served at least one-half of the maximum term of the 5 7 defendant's sentence. However, the mandatory sentence 5 8 provided for by this section does not apply if either of the 5 9 following apply: 5 10 Sec. 13. Section 903.1, subsection 2, Code Supplement 5 11 2001, is amended to read as follows: 5 12 2. When a person is convicted of an aggravated 5 13 misdemeanor, and a specific penalty is not provided for, the 5 14 maximum penalty shall beimprisonmentconfinement in the 5 15 county jail not to exceed two years. There shall be a fine of 5 16 at least five hundred dollars but not to exceed five thousand 5 17 dollars. When a judgment of conviction of an aggravated 5 18 misdemeanor is entered against any person and the court 5 19 imposes a sentence of confinement for a period of more than 5 20 one year the term shall be an indeterminate term. 5 21 Sec. 14. Section 903.4, Code Supplement 2001, is amended 5 22 to read as follows: 5 23 903.4 PROVIDING PLACE OF CONFINEMENT. 5 24 All persons sentenced to confinement for aperiod of one5 25year or lessmisdemeanor shall be confined in a place to be 5 26 furnished by the county where the conviction was had unless 5 27 the person is presently committed to the custody of the 5 28 director of the Iowa department of corrections, in which case 5 29 the provisions of section 901.8 apply, or unless the person is 5 30 serving a determinate term of confinement of one year pursuant 5 31 to section 902.3A. All persons sentenced to confinement for a 5 32period of more than one yearfelony shall be committed to the 5 33 custody of the director of the Iowa department of corrections 5 34 to be confined in a place to be designated by the director and 5 35 the cost of the confinement shall be borne by the state. The 6 1 director may contract with local governmental units for the 6 2 use of detention or correctional facilities maintained by the 6 3 units for the confinement of such persons. 6 4 Sec. 15. Section 903A.2, subsection 1, unnumbered 6 5 paragraph 1, Code 2001, is amended to read as follows: 6 6 Each inmate committed to the custody of the director of the 6 7 department of corrections is eligible to earn a reduction of 6 8 sentence in the manner provided in this section.For purposes6 9of calculating the amount of time by which an inmate's6 10sentence may be reduced, inmates shall be grouped into the6 11following two sentencing categories:6 12 Sec. 16. Section 903A.2, subsection 1, paragraph a, 6 13 unnumbered paragraph 1, Code 2001, is amended to read as 6 14 follows: 6 15Category "A" sentences are those sentences which are not6 16subject to a maximum accumulation of earned time of fifteen6 17percent of the total sentence of confinement under section6 18902.12. To the extent provided in subsection 5, category "A"6 19sentences also include life sentences imposed under section6 20902.1.An inmate of an institution under the control of the 6 21 department of correctionswho is serving a category "A"6 22sentenceis eligible for a reduction of sentence equal to one 6 23 and two-tenths days for each day the inmate demonstrates good 6 24 conduct and satisfactorily participates in any program or 6 25 placement status identified by the director to earn the 6 26 reduction. The programs include but are not limited to the 6 27 following: 6 28 Sec. 17. Section 903A.2, subsection 1, paragraph b, Code 6 29 2001, is amended by striking the paragraph. 6 30 Sec. 18. Section 902.12, Code 2001, is repealed. 6 31 Sec. 19. Section 903A.7, Code 2001, is repealed. 6 32 Sec. 20. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 33 3, shall not apply to this Act. 6 34 EXPLANATION 6 35 This bill makes changes to criminal sentencing. 7 1 The bill permits a defendant to receive a second or 7 2 subsequent conditional discharge of a sentence for an offense 7 3 committed under Code chapter 124 or any other drug-related 7 4 offense. A conditional discharge permits the court, upon a 7 5 plea or conviction of guilt, to defer entering judgment of 7 6 guilt and place the defendant on probation. If the defendant 7 7 violates probation, the court may enter an adjudication of 7 8 guilt and sentence the defendant. If the defendant fulfills 7 9 the terms of probation, the court shall dismiss the 7 10 proceedings against the defendant without an adjudication of 7 11 guilt. 7 12 The bill creates a different penalty for a crime committed 7 13 against a person as opposed to a crime which is not committed 7 14 against a person. The bill defines a crime against a person 7 15 as a felonious crime involving a death, injury, threats, 7 16 coercion, intimidation, or duress, or any attempt involving 7 17 the same, or any felonious crime or attempt to commit any 7 18 crime involving a minor. The bill does not change the current 7 19 maximum term of confinement generally applicable for a crime 7 20 committed against a person. However, the bill does change the 7 21 maximum term of confinement generally applicable for a crime 7 22 which is not committed against a person. 7 23 The maximum term of confinement for a class "B" felony 7 24 under the bill is 25 years for a crime against a person and 15 7 25 years for any other felony classified as a class "B" felony. 7 26 The maximum term of confinement for a class "C" felony under 7 27 the bill is 10 years for a crime against a person and seven 7 28 years for any other felony classified as a class "C" felony. 7 29 The maximum term of confinement for a class "D" felony under 7 30 the bill is five years for a crime against a person and three 7 31 years for any other felony classified as a class "D" felony. 7 32 The different penalties created within each felony 7 33 classification under this bill do not apply to a class "A" 7 34 felony, or a class "B" felony requiring a maximum term of 7 35 confinement of 50 years, or a misdemeanor. 8 1 The bill provides that the maximum period of incarceration 8 2 for an aggravated misdemeanor is confinement in the county 8 3 jail for not more than two years, rather than allowing such 8 4 confinement to be at a correctional institution. Current law 8 5 provides that if the court sentences a person to a term of 8 6 confinement greater than one year, the person serves the 8 7 sentence at a correctional institution; if the term is one 8 8 year or less, the person serves the sentence in the county 8 9 jail. 8 10 The bill repeals Code section 902.12, which provides for 8 11 criminal sentences that require a maximum accumulation of 8 12 earned time credits of 15 percent of the total sentence of 8 13 confinement, and makes eligible for parole persons currently 8 14 serving such a criminal sentence. A sentence that requires a 8 15 maximum accumulation of earned time credits of 15 percent of 8 16 the total sentence is commonly referred to as an 85 percent 8 17 sentence. 8 18 Currently, Code section 902.12 applies an 85 percent 8 19 sentence for conviction of the following felonies: murder in 8 20 the second degree, attempted murder, sexual abuse in the 8 21 second degree, kidnapping in the second degree, robbery in the 8 22 first or second degree, and certain homicide-by-vehicle 8 23 offenses. Upon repeal of the applicability of an 85 percent 8 24 sentence, a person charged with a criminal offense which would 8 25 have required confinement for 85 percent of the total sentence 8 26 would now serve a sentence that can be reduced by the full 8 27 amount of earned time credits pursuant to Code chapter 903A. 8 28 The bill also provides for the reopening of a judgment and 8 29 sentence for a person currently serving an 85 percent 8 30 sentence. 8 31 Under the bill, an 85 percent sentence may be reopened upon 8 32 a motion by the board of parole and the department of 8 33 corrections if the original sentencing court grants the 8 34 motion. The county attorney from the county which prosecuted 8 35 the defendant may, after consulting with the victim, if the 9 1 victim can be found, file an objection to the motion to 9 2 reopen. If the sentence is reopened, the court may resentence 9 3 the defendant and reduce the maximum sentence imposed in the 9 4 original sentencing order and the new sentence shall no longer 9 5 be subject to the maximum accumulation of earned time of 15 9 6 percent of the total sentence of confinement. If a defendant 9 7 is resentenced to a new maximum sentence, the maximum 9 8 accumulation of earned time shall be calculated in the same 9 9 manner as other offenses in Code chapter 903A, which is one 9 10 and two-tenths days for each day the inmate demonstrates good 9 11 conduct or satisfactorily participates in prison programs. 9 12 Any earned time accumulated on the original sentence shall be 9 13 credited to the new sentence upon reopening. If a sentence is 9 14 reopened, the defendant may be paroled if eligible. 9 15 The bill may include a state mandate as defined in Code 9 16 section 25B.3. The bill makes inapplicable Code section 9 17 25B.2, subsection 3, which would relieve a political 9 18 subdivision from complying with a state mandate if funding for 9 19 the cost of the state mandate is not provided or specified. 9 20 Therefore, political subdivisions are required to comply with 9 21 any state mandate included in the bill. 9 22 A serious misdemeanor is punishable by confinement for no 9 23 more than one year and a fine of at least $250 but not more 9 24 than $1,500. An aggravated misdemeanor is punishable by 9 25 confinement for no more than two years and a fine of at least 9 26 $500 but not more than $5,000. Current law provides a class 9 27 "B" felony is punishable by confinement for no more than 25 9 28 years. A class "C" felony is punishable by confinement for no 9 29 more than 10 years and a fine of at least $1,000 but not more 9 30 than $10,000. A class "D" felony is punishable by confinement 9 31 for no more than five years and a fine of at least $750 but 9 32 not more than $7,500. 9 33 LSB 5611SC 79 9 34 jm/sh/8
Text: SSB03113 Text: SSB03115 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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