Text: H01269 Text: H01271 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-1215, to House File 598 as 1 2 follows: 1 3 #1. By striking page 2, line 42, through page 3, 1 4 line 25, and inserting the following: 1 5 "Sec. . NEW SECTION. 901.5B REOPENING OF 1 6 SENTENCE FOR PERSONS SERVING SENTENCE SUBJECT TO 1 7 MAXIMUM ACCUMULATION OF EARNED TIME OF FIFTEEN 1 8 PERCENT. 1 9 1. A defendant serving a sentence under section 1 10 902.12 prior to the effective date of this Act, who is 1 11 sentenced by the court to the custody of the director 1 12 of the department of corrections, may have the 1 13 judgment and sentence reopened for resentencing if all 1 14 of the following apply: 1 15 a. The county attorney from the county which 1 16 prosecuted the defendant files a motion in the 1 17 sentencing court to reopen the sentence of the 1 18 defendant. The victim, if possible, shall be served a 1 19 copy of the motion by certified mail. The motion 1 20 shall specify that the county attorney, if possible, 1 21 has informed the victim about the filing of the 1 22 motion, and that the victim has thirty days from the 1 23 date of the filing of the motion to file a written 1 24 objection with the court. 1 25 b. No written objection is filed, thereby 1 26 requiring the court to grant the motion, or if a 1 27 written objection is filed, and upon hearing the court 1 28 grants the motion. 1 29 2. Upon the court granting the motion to reopen 1 30 the sentence, the court shall order that the defendant 1 31 be eligible for consideration of parole or work 1 32 release in the same manner as a defendant serving a 1 33 sentence under section 902.12. 1 34 3. For purposes of calculating earned time under 1 35 section 903A.2, the sentencing date for a defendant 1 36 whose sentence has been reopened under this section 1 37 shall be the date of the original sentencing order. 1 38 4. The filing of a motion or reopening of a 1 39 sentence under this section shall not constitute 1 40 grounds to stay any other court proceedings, or to 1 41 toll or restart the time for filing of any posttrial 1 42 motion or any appeal." 1 43 #2. Page 3, by inserting after line 25 the 1 44 following: 1 45 "Sec. . Section 902.11, unnumbered paragraph 1, 1 46 Code 2003, is amended to read as follows: 1 47 A person serving a sentence for conviction of a 1 48 felony, other than a forcible felony under section1 49902.12, who has a criminal record of one or more prior 1 50 convictions for a forcible felony or a crime of a 2 1 similar gravity in this or any other state, shall be 2 2 denied parole or work release unless the person has 2 3 served at least one-half of the maximum term of the 2 4 defendant's sentence. However, the mandatory sentence 2 5 provided for by this section does not apply if either 2 6 of the following apply: 2 7 Sec. . Section 902.12, unnumbered paragraph 1, 2 8 Code 2003, is amended to read as follows: 2 9Except as otherwise provided in section 903A.2, aA 2 10 person serving a sentence for conviction of the 2 11 followingforciblefelonies shallserve one hundred2 12percent of the maximum term of the person's sentence2 13and shall not be released onbe denied parole or work 2 14 release unless the person has served at least one-half 2 15 of the maximum term of the person's sentence: 2 16 Sec. . Section 902.12, subsection 5, unnumbered 2 17 paragraph 2, Code 2003, is amended to read as follows: 2 18Except as otherwise provided in section 903A.2, a2 19person serving a sentence for conviction under2 20 6. Vehicular homicide in violation of section 2 21 707.6A, subsection 1 or 2,shall serve one hundred2 22percent of the maximum term of the person's sentence2 23and shall not be released on parole or work releaseif 2 24 the person was also convicted under section 321.261, 2 25 subsection 3, based on the same facts or event that 2 26 resulted in the conviction under section 707.6A, 2 27 subsection 1 or 2." 2 28 #3. Page 4, line 11, by inserting after the word 2 29 "of" the following: "and relating to". 2 30 #4. By renumbering as necessary. 2 31 2 32 2 33 2 34 SWAIM of Davis 2 35 HF 598.304 80 2 36 jm/cf
Text: H01269 Text: H01271 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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