Text: H01357 Text: H01359 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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 thanfiftythirty-five years and a fine of not 1 13 more 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 fivekilogramshundred 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 thanfiveone hundred grams but not more than 1 41 fivekilogramshundred 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 thanfiveten 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 1FiveOne 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)FiveTen 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 229A.8A, subsection 4, Code 2003, 2 17 is amended to read as follows: 2 18 4. For purposes of registering as a sex offender 2 19 under chapter 692A, a person placed in the 2 20 transitional release program shall beclassified a2 21"high-risk" sex offender andrequired to register and 2 22 public notification shall be as provided in section 2 23692A.13A, subsection 2692A.13. A committed person 2 24 who refuses to register as a sex offender is not 2 25 eligible for placement in a transitional release 2 26 program. 2 27 Sec. 11. Section 692A.2A, subsections 2 and 3, 2 28 Code 2003, are amended to read as follows: 2 29 2. A person shall not reside withintwoone 2 30 thousand three hundred twenty feet of the real 2 31 property comprising a public or nonpublic elementary 2 32 or secondary school or a child care facility. 2 33 3. A person who resides withintwoone thousand 2 34 three hundred twenty feet of the real property 2 35 comprising a public or nonpublic elementary or 2 36 secondary school, or a child care facility, commits an 2 37 aggravated misdemeanor. 2 38 Sec. 12. Section 692A.2A, subsection 4, unnumbered 2 39 paragraph 1, Code 2003, is amended to read as follows: 2 40 A person residing withintwoone thousand three 2 41 hundred twenty feet of the real property comprising a 2 42 public or nonpublic elementary or secondary school or 2 43 a child care facility does not commit a violation of 2 44 this section if any of the following apply: 2 45 Sec. 13. Section 692A.5, subsection 1, paragraph 2 46 h, Code 2003, is amended to read as follows: 2 47 h. Inform the person, if the person's residency is 2 48 restricted under section 692A.2A, that the person 2 49 shall not reside withintwoone thousand three hundred 2 50 twenty feet of the real property comprising a public 3 1 or nonpublic elementary or secondary school, or a 3 2 child care facility. 3 3 Sec. 14. Section 692A.13, Code 2003, is amended by 3 4 striking the section and inserting in lieu thereof the 3 5 following: 3 6 692A.13 AVAILABILITY OF RECORDS. 3 7 1. The department may provide relevant information 3 8 from the sex offender registry to the following: 3 9 a. A criminal or juvenile justice agency, an 3 10 agency of the state, any sex offender registry of 3 11 another state, or the federal government. 3 12 b. The general public through the sex offender 3 13 registry's web page. 3 14 c. The single contact repository established 3 15 pursuant to section 135C.33, in accordance with the 3 16 rules adopted by the department. 3 17 2. A criminal or juvenile justice agency may 3 18 provide relevant information from the sex offender 3 19 registry to the following: 3 20 a. A criminal or juvenile justice agency, an 3 21 agency of the state, or any sex offender registry of 3 22 another state, or the federal government. 3 23 b. The general public, including public and 3 24 private agencies, organizations, public places, public 3 25 and private schools, child care facilities, religious 3 26 and youth organizations, neighbors, neighborhood 3 27 associations, community meetings, and employers. 3 28 Registry information may be distributed to the public 3 29 through printed materials, visual or audio press 3 30 releases, or through a criminal or juvenile justice 3 31 agency's web page. 3 32 3. Any member of the public may contact a county 3 33 sheriff's office or police department to request 3 34 relevant information from the registry regarding a 3 35 specific person required to register under this 3 36 chapter. The request for information shall be in 3 37 writing, and shall include the name of the person and 3 38 at least one of the following identifiers pertaining 3 39 to the person about whom the information is sought: 3 40 a. The date of birth of the person. 3 41 b. The social security number of the person. 3 42 c. The address of the person. 3 43 The request for information is a confidential 3 44 record under chapter 22 and is not subject to 3 45 dissemination. 3 46 4. A county sheriff shall also provide to any 3 47 person upon request access to a list of all 3 48 registrants in that county. However, records of a 3 49 person protected under 18 U.S.C. } 3521 shall not be 3 50 disclosed. 4 1 5. Relevant information provided to the general 4 2 public may include the offender's name, address, a 4 3 photograph, locations frequented by the offender, 4 4 relevant criminal history information from the 4 5 registry, and any other relevant information. 4 6 Relevant information provided to the public shall not 4 7 include the identity of any victim. 4 8 6. Notwithstanding sections 232.147 through 4 9 232.151, records concerning convictions which are 4 10 committed by a minor may be released in the same 4 11 manner as records of convictions of adults. 4 12 Sec. 15. Section 901.4, Code 2003, is amended to 4 13 read as follows: 4 14 901.4 PRESENTENCE INVESTIGATION REPORT 4 15 CONFIDENTIAL – DISTRIBUTION. 4 16 The presentence investigation report is 4 17 confidential and the court shall provide safeguards to 4 18 ensure its confidentiality, including but not limited 4 19 to sealing the report, which may be opened only by 4 20 further court order. At least three days prior to the 4 21 date set for sentencing, the court shall serve all of 4 22 the presentence investigation report upon the 4 23 defendant's attorney and the attorney for the state, 4 24 and the report shall remain confidential except upon 4 25 court order. However, the court may conceal the 4 26 identity of the person who provided confidential 4 27 information. The report of a medical examination or 4 28 psychological or psychiatric evaluation shall be made 4 29 available to the attorney for the state and to the 4 30 defendant upon request. The reports are part of the 4 31 record but shall be sealed and opened only on order of 4 32 the court. If the defendant is committed to the 4 33 custody of the Iowa department of corrections and is 4 34 not a class "A" felon, a copy of the presentence 4 35 investigation report shall be forwarded to the 4 36 director with the order of commitment by the clerk of 4 37 the district court and to the board of parole at the 4 38 time of commitment. The presentence investigation 4 39 report may also be released by the department of 4 40 corrections or a judicial district department of 4 41 correctional services pursuant to section 904.602 to 4 42 another jurisdiction for the purpose of providing 4 43 interstate probation and parole compact services or 4 44 evaluations. The defendant or the defendant's 4 45 attorney may file with the presentence investigation 4 46 report, a denial or refutation of the allegations, or 4 47 both, contained in the report. The denial or 4 48 refutation shall be included in the report. If the 4 49 person is sentenced for an offense which requires 4 50 registration under chapter 692A, the court shall 5 1 release the report to the departmentwhich is5 2responsible under section 692A.13A for performing the5 3assessment of riskof public safety. 5 4 Sec. 16. Section 901.5, subsection 13, Code 2003, 5 5 is amended by striking the subsection. 5 6 Sec. 17. NEW SECTION. 901.5B REOPENING OF 5 7 SENTENCE FOR PERSONS SERVING SENTENCE SUBJECT TO 5 8 MAXIMUM ACCUMULATION OF EARNED TIME OF FIFTEEN 5 9 PERCENT. 5 10 1. A defendant serving a sentence under section 5 11 902.12 prior to the effective date of this Act, who is 5 12 sentenced by the court to the custody of the director 5 13 of the department of corrections, may have the 5 14 judgment and sentence reopened for resentencing if all 5 15 of the following apply: 5 16 a. The county attorney from the county which 5 17 prosecuted the defendant files a motion in the 5 18 sentencing court to reopen the sentence of the 5 19 defendant. The county attorney shall notify the 5 20 victim pursuant to section 915.13 of the filing of the 5 21 motion. The motion shall specify that the county 5 22 attorney has informed the victim about the filing of 5 23 the motion, and that the victim has thirty days from 5 24 the date of the filing of the motion to file a written 5 25 objection with the court. 5 26 b. No written objection is filed or if a written 5 27 objection is filed, and upon hearing the court grants 5 28 the motion. 5 29 2. Upon the court granting the motion to reopen 5 30 the sentence, the court shall order that the defendant 5 31 be eligible for consideration of parole or work 5 32 release in the same manner as a defendant serving a 5 33 sentence under section 902.12. 5 34 3. For purposes of calculating earned time under 5 35 section 903A.2, the sentencing date for a defendant 5 36 whose sentence has been reopened under this section 5 37 shall be the date of the original sentencing order. 5 38 4. The filing of a motion or reopening of a 5 39 sentence under this section shall not constitute 5 40 grounds to stay any other court proceedings, or to 5 41 toll or restart the time for filing of any posttrial 5 42 motion or any appeal. 5 43 Sec. 18. Section 902.11, unnumbered paragraph 1, 5 44 Code 2003, is amended to read as follows: 5 45 A person serving a sentence for conviction of a 5 46 felony, other than a forcible felony under section5 47902.12, who has a criminal record of one or more prior 5 48 convictions for a forcible felony or a crime of a 5 49 similar gravity in this or any other state, shall be 5 50 denied parole or work release unless the person has 6 1 served at least one-half of the maximum term of the 6 2 defendant's sentence. However, the mandatory sentence 6 3 provided for by this section does not apply if either 6 4 of the following apply: 6 5 Sec. 19. Section 902.12, unnumbered paragraph 1, 6 6 Code 2003, is amended to read as follows: 6 7Except as otherwise provided in section 903A.2, aA 6 8 person serving a sentence for conviction of the 6 9 followingforciblefelonies shallserve one hundred6 10percent of the maximum term of the person's sentence6 11and shall not be released onbe denied parole or work 6 12 release unless the person has served at least seven- 6 13 tenths of the maximum term of the person's sentence: 6 14 Sec. 20. Section 902.12, subsection 5, unnumbered 6 15 paragraph 2, Code 2003, is amended to read as follows: 6 16Except as otherwise provided in section 903A.2, a6 17person serving a sentence for conviction under6 18 6. Vehicular homicide in violation of section 6 19 707.6A, subsection 1 or 2,shall serve one hundred6 20percent of the maximum term of the person's sentence6 21and shall not be released on parole or work releaseif 6 22 the person was also convicted under section 321.261, 6 23 subsection 3, based on the same facts or event that 6 24 resulted in the conviction under section 707.6A, 6 25 subsection 1 or 2. 6 26 Sec. 21. Section 903.4, Code 2003, is amended to 6 27 read as follows: 6 28 903.4 PROVIDING PLACE OF CONFINEMENT. 6 29 All persons sentenced to confinement for a period 6 30 of one year or less shall be confined in a place to be 6 31 furnished by the county where the conviction was had 6 32 unless the person is presently committed to the 6 33 custody of the director of the Iowa department of 6 34 corrections, in which case the provisions of section 6 35 901.8 apply, or unless the person is serving a6 36determinate term of confinement of one year pursuant6 37to section 902.3A. All persons sentenced to 6 38 confinement for a period of more than one year shall 6 39 be committed to the custody of the director of the 6 40 Iowa department of corrections to be confined in a 6 41 place to be designated by the director and the cost of 6 42 the confinement shall be borne by the state. The 6 43 director may contract with local governmental units 6 44 for the use of detention or correctional facilities 6 45 maintained by the units for the confinement of such 6 46 persons. 6 47 Sec. 22. Section 905.6, Code 2003, is amended by 6 48 adding the following new subsection: 6 49 NEW SUBSECTION. 9. Notify the board of parole, 6 50 thirty days prior to release, of the release from a 7 1 residential facility operated by the district 7 2 department of a person serving a sentence under 7 3 section 902.12. 7 4 Sec. 23. NEW SECTION. 905.11 RESIDENTIAL 7 5 FACILITY RESIDENCY – MINIMUM. 7 6 A person who is serving a sentence under section 7 7 902.12, the maximum term of which exceeds ten years, 7 8 and who is released on parole or work release shall 7 9 reside in a residential facility operated by the 7 10 district department for a period of not less than one 7 11 year. 7 12 Sec. 24. Section 906.4, Code 2003, is amended by 7 13 adding the following new unnumbered paragraph after 7 14 unnumbered paragraph 1: 7 15 NEW UNNUMBERED PARAGRAPH. A person on parole or 7 16 work release who is serving a sentence under section 7 17 902.12 shall begin parole or work release in a 7 18 residential facility operated by a judicial district 7 19 department of correctional services. 7 20 Sec. 25. Section 907.3, subsection 1, paragraph m, 7 21 Code 2003, is amended by striking the paragraph. 7 22 Sec. 26. Section 907.3, subsection 2, paragraph g, 7 23 Code 2003, is amended by striking the paragraph. 7 24 Sec. 27. Section 907.3, subsection 3, paragraph g, 7 25 Code 2003, is amended by striking the paragraph. 7 26 Sec. 28. Section 915.13, subsection 1, Code 2003, 7 27 is amended by adding the following new paragraph: 7 28 NEW PARAGRAPH. h. The filing of a motion to 7 29 reopen a sentence of a defendant pursuant to section 7 30 901.5B. Notwithstanding section 915.10, the notice 7 31 shall be served by certified mail. Notice shall 7 32 include the scheduled date, time, and place of any 7 33 hearing to reopen a sentence and that the victim has 7 34 thirty days from the date of the service of the motion 7 35 to file a written objection with the court. 7 36 Sec. 29. Sections 692A.13A and 902.3A, Code 2003, 7 37 are repealed. 7 38 Sec. 30. APPLICABILITY OF AVAILABLE RECORDS IN THE 7 39 SEX OFFENDER REGISTRY. Section 692A.13, as amended by 7 40 this Act, shall apply retroactively to all offenders 7 41 on the registry. 7 42 Sec. 31. EFFECTIVE DATE. The section of this Act 7 43 amending section 692A.13, being deemed of immediate 7 44 importance, takes effect upon enactment." 7 45 #2. Title page, by striking lines 1 through 5 and 7 46 inserting the following: "An Act relating to the 7 47 criminal sentencing and procedure by modifying the 7 48 penalties for certain offenses related to controlled 7 49 substances, modifying dissemination of sex offender 7 50 registry information and residence restrictions for a 8 1 sex offender, repealing certain determinate sentences, 8 2 changing the parole and work release eligibility of a 8 3 person serving a sentence that requires a maximum 8 4 accumulation of earned time credits of fifteen percent 8 5 of the total term of confinement and by permitting the 8 6 reopening of such a sentence, providing a penalty, and 8 7 providing an effective date." 8 8 8 9 8 10 8 11 MADDOX of Polk 8 12 HF 598.305 80 8 13 jm/cf
Text: H01357 Text: H01359 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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