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House Amendment 1215

Amendment Text

PAG LIN
  1  1    Amend House File 598 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 124.401, subsection 1,
  1  5 paragraph a, unnumbered paragraph 1, Code 2003, is
  1  6 amended to read as follows:
  1  7    Violation of this subsection, with respect to the
  1  8 following controlled substances, counterfeit
  1  9 substances, or simulated controlled substances is a
  1 10 class "B" felony, and notwithstanding section 902.9,
  1 11 subsection 2, shall be punished by confinement for no
  1 12 more than fifty thirty years and a fine of not more
  1 13 than one million dollars:
  1 14    Sec. 2.  Section 124.401, subsection 1, paragraph
  1 15 a, subparagraph (2), unnumbered paragraph 1, Code
  1 16 2003, is amended to read as follows:
  1 17    More than five kilograms hundred grams of a mixture
  1 18 or substance containing a detectable amount of any of
  1 19 the following:
  1 20    Sec. 3.  Section 124.401, subsection 1, paragraph
  1 21 a, subparagraph (2), subparagraph subdivisions (d) and
  1 22 (e), Code 2003, are amended by striking the
  1 23 subparagraph subdivisions.
  1 24    Sec. 4.  Section 124.401, subsection 1, paragraph
  1 25 a, Code 2003, is amended by adding the following new
  1 26 subparagraph:
  1 27    NEW SUBPARAGRAPH.  (7)  More than five kilograms of
  1 28 a mixture or substance containing a detectable amount
  1 29 of any of the following:
  1 30    (a)  Methamphetamine, its salts, isomers, or salts
  1 31 of isomers.
  1 32    (b)  Amphetamine, its salts, isomers, and salts of
  1 33 isomers.
  1 34    (c)  Any compound, mixture, or preparation which
  1 35 contains any quantity of any of the substances
  1 36 referred to in subparagraph subdivisions (a) and (b).
  1 37    Sec. 5.  Section 124.401, subsection 1, paragraph
  1 38 b, subparagraph (2), unnumbered paragraph 1, Code
  1 39 2003, is amended to read as follows:
  1 40    More than five one hundred grams but not more than
  1 41 five kilograms hundred grams of any of the following:
  1 42    Sec. 6.  Section 124.401, subsection 1, paragraph
  1 43 b, subparagraph (3), Code 2003, is amended to read as
  1 44 follows:
  1 45    (3)  More than five ten grams but not more than
  1 46 fifty grams of a mixture or substance described in
  1 47 subparagraph (2) which contains cocaine base.
  1 48    Sec. 7.  Section 124.401, subsection 1, paragraph
  1 49 c, subparagraph (2), unnumbered paragraph 1, Code
  1 50 2003, is amended to read as follows:
  2  1    Five One hundred grams or less of any of the
  2  2 following:
  2  3    Sec. 8.  Section 124.401, subsection 1, paragraph
  2  4 c, subparagraph (3), Code 2003, is amended to read as
  2  5 follows:
  2  6    (3)  Five Ten grams or less of a mixture or
  2  7 substance described in subparagraph (2) which contains
  2  8 cocaine base.
  2  9    Sec. 9.  Section 124.413, unnumbered paragraph 1,
  2 10 Code 2003, is amended to read as follows:
  2 11    A person sentenced pursuant to section 124.401,
  2 12 subsection 1, paragraph "a", "b", "c", "e", or "f",
  2 13 shall not be eligible for parole until the person has
  2 14 served a minimum period of confinement of one-third of
  2 15 the maximum indeterminate sentence prescribed by law.
  2 16    Sec. 10.  Section 692A.2A, subsection 4, Code 2003,
  2 17 is amended by adding the following new paragraph:
  2 18    NEW PARAGRAPH.  aa.  The person resides at a
  2 19 hospice program as defined in section 135J.1, a
  2 20 hospital as defined in section 135B.1, a health care
  2 21 facility as defined in section 135C.1, a nursing
  2 22 facility as defined in section 135C.1, a residential
  2 23 care facility as defined in section 135C.1, or the
  2 24 Iowa veterans home.
  2 25    Sec. 11.  Section 711.3, Code 2003, is amended to
  2 26 read as follows:
  2 27    711.3  ROBBERY IN THE SECOND DEGREE.
  2 28    All robbery which is not robbery in the first
  2 29 degree is robbery in the second degree, except as
  2 30 provided in section 711.3A.  Robbery in the second
  2 31 degree is a class "C" felony.
  2 32    Sec. 12.  NEW SECTION.  711.3A  ROBBERY IN THE
  2 33 THIRD DEGREE.
  2 34    A person commits robbery in the third degree when,
  2 35 while perpetrating a theft as defined in section
  2 36 714.2, subsection 5, the person commits an assault
  2 37 upon another as defined in section 708.2, subsection
  2 38 5.  Robbery in the third degree is an aggravated
  2 39 misdemeanor.
  2 40    Sec. 13.  Section 901.5, subsection 13, Code 2003,
  2 41 is amended by striking the subsection.
  2 42    Sec. 14.  NEW SECTION.  901.5B  REOPENING OF
  2 43 SENTENCE FOR PERSONS SERVING SENTENCE SUBJECT TO
  2 44 MAXIMUM ACCUMULATION OF EARNED TIME OF FIFTEEN
  2 45 PERCENT.
  2 46    1.  A defendant serving a sentence under section
  2 47 902.12 who is sentenced by the court to the custody of
  2 48 the director of the department of corrections, may
  2 49 have the judgment and sentence reopened for
  2 50 resentencing if all of the following apply:
  3  1    a.  The board of parole and the department of
  3  2 corrections file a joint motion in the sentencing
  3  3 court to reopen the sentence of the defendant.
  3  4    b.  The county attorney from the county which
  3  5 prosecuted the defendant is served with a copy of the
  3  6 motion to reopen by certified mail.  The motion shall
  3  7 specify that the county attorney has thirty days from
  3  8 the date of service to consult with the victim and
  3  9 file a written objection.
  3 10    c.  The court upon hearing grants the motion.
  3 11    2.  Notwithstanding section 902.12, the defendant
  3 12 becomes eligible for parole or work release upon the
  3 13 reopening of the sentence.
  3 14    3.  The reopening of a sentence under this section
  3 15 does not affect the accrual of earned time under
  3 16 section 903A.2, and earned time shall accrue in the
  3 17 same manner as it accrued prior to the reopening.
  3 18    4.  The filing of a motion or the reopening of a
  3 19 sentence under this section shall not constitute
  3 20 grounds to stay any other court proceedings, or to
  3 21 toll or restart the time for filing of any posttrial
  3 22 motion or any appeal.
  3 23    5.  The defendant may request appointment of
  3 24 counsel, if eligible under section 815.10, during any
  3 25 proceedings pursuant to this section.
  3 26    Sec. 15.  Section 903.4, Code 2003, is amended to
  3 27 read as follows:
  3 28    903.4  PROVIDING PLACE OF CONFINEMENT.
  3 29    All persons sentenced to confinement for a period
  3 30 of one year or less shall be confined in a place to be
  3 31 furnished by the county where the conviction was had
  3 32 unless the person is presently committed to the
  3 33 custody of the director of the Iowa department of
  3 34 corrections, in which case the provisions of section
  3 35 901.8 apply, or unless the person is serving a
  3 36 determinate term of confinement of one year pursuant
  3 37 to section 902.3A.  All persons sentenced to
  3 38 confinement for a period of more than one year shall
  3 39 be committed to the custody of the director of the
  3 40 Iowa department of corrections to be confined in a
  3 41 place to be designated by the director and the cost of
  3 42 the confinement shall be borne by the state.  The
  3 43 director may contract with local governmental units
  3 44 for the use of detention or correctional facilities
  3 45 maintained by the units for the confinement of such
  3 46 persons.
  3 47    Sec. 16.  Section 907.3, subsection 1, paragraph m,
  3 48 Code 2003, is amended by striking the paragraph.
  3 49    Sec. 17.  Section 907.3, subsection 2, paragraph g,
  3 50 Code 2003, is amended by striking the paragraph.
  4  1    Sec. 18.  Section 907.3, subsection 3, paragraph g,
  4  2 Code 2003, is amended by striking the paragraph.
  4  3    Sec. 19.  Section 902.3A, Code 2003, is repealed."
  4  4    #2.  Title page, by striking lines 1 through 5 and
  4  5 inserting the following:  "An Act relating to criminal
  4  6 sentencing and procedure by modifying the penalties
  4  7 for certain offenses related to controlled substances,
  4  8 changing residency restrictions for persons required
  4  9 to register as a sex offender, creating a criminal
  4 10 offense of robbery in the third degree, providing for
  4 11 the reopening of a sentence that requires a maximum
  4 12 accumulation of earned time credits of fifteen percent
  4 13 of the total term of confinement, repealing certain
  4 14 determinate sentences, and providing penalties."
  4 15    #3.  By renumbering as necessary.  
  4 16 
  4 17 
  4 18                               
  4 19 MADDOX of Polk
  4 20 HF 598.301 80
  4 21 jm/cf/24
     

Text: H01214                            Text: H01216
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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