Text: HF00597 Text: HF00599 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 124.409, Code 2003, is amended to read 1 3 as follows: 1 4 124.409 CONDITIONAL DISCHARGE, COMMITMENT FOR TREATMENT, 1 5 AND PROBATION. 1 6 1. If a person is convicted of an offense under this 1 7 chapter, the court, without entering a judgment of guilt and 1 8 with the consent of the accused, may defer further proceedings 1 9 and place the accused on probation upon terms and conditions 1 10 as the court requires. When a person is placed on probation 1 11 under this subsection, the person's appearance bond may be 1 12 discharged at the discretion of the court. Upon violation of 1 13 a term or condition, the court may enter an adjudication of 1 14 guilt and proceed as otherwise provided. Upon fulfillment of 1 15 the terms and conditions, the court shall discharge the person 1 16 and dismiss the proceedings against the person. Discharge and 1 17 dismissal under this section shall be without court 1 18 adjudication of guilt and is not a conviction for purposes of 1 19 this section or for purposes of disqualifications or 1 20 disabilities imposed by law upon conviction of a crime, 1 21 including the additional penalties imposed for second or 1 22 subsequent convictions under section 124.411. 1 23 2. Whenever the court finds that a person who is charged 1 24 with a violation of section 124.401 and who consents thereto, 1 25 or who has entered a plea of guilty to or been found guilty of 1 26 a violation of that section, is addicted to, dependent upon, 1 27 or a chronic abuser of any controlled substance and that such 1 28 person will be aided by proper medical treatment and 1 29 rehabilitative services,itthe court may order that the 1 30 person be committed as an in-patient or out-patient to a 1 31 facility licensed by the Iowa department of public health for 1 32 medical treatment and rehabilitative services. A person 1 33 committed under this subsection who is not possessed of 1 34 sufficient income or estate to enable the person to make 1 35 payment of the costs of such treatment in whole or in part 2 1 shall be considered a state patient and the costs of treatment 2 2 shall be paid as provided in section 125.44. The 2 3 determination of ability to pay shall be made by the court. 2 4 The court shall require the patient, or the patient's parent, 2 5 guardian, or custodian to complete under oath a detailed 2 6 financial statement. The court may enter appropriate orders 2 7 requiring the patient or those legally liable for the 2 8 patient's support to reimburse the state with the costs, or 2 9 any part thereof. In order to obtain the most effective 2 10 results from such medical treatment and rehabilitative 2 11 services, the court may commit the person to the custody of a 2 12 public or private agency or any other responsible person and 2 13 impose other conditions upon the commitment as is necessary to 2 14insureensure compliance with the court's order and toinsure2 15 ensure that the person will not, during the period of 2 16 treatment and rehabilitation, again violate a provision of 2 17 this chapter. If it is established thereafter to the 2 18 satisfaction of the court that the person has again violated a 2 19 provision of this chapter, the person may be returned to 2 20 custody or sentenced upon conviction as provided by law. The 2 21 public or private agency or responsible person to whom the 2 22 accused person was committed by the court shall immediately 2 23 report to the court when the person has received maximum 2 24 benefit from the program or has recovered from addiction, 2 25 dependency, or tendency to chronically abuse any controlled 2 26 substance. The person shall then be returned to the court for 2 27 disposition of the case. If the person has been charged or 2 28 indicted, but not convicted, such charge shall proceed to 2 29 trial or final disposition. If the person has been convicted 2 30 or is thereafter convicted, the court shall sentence the 2 31 person as provided by law but may remit all or any part of the 2 32 sentence and place the person on probation upon terms and 2 33 conditions as the court may prescribe. 2 34 DIVISION II 2 35 Sec. 2. Section 901.5A, Code 2003, is amended by adding 3 1 the following new subsection: 3 2 NEW SUBSECTION. 1A. A defendant may have a judgment and 3 3 sentence entered under section 901.5 reopened for resentencing 3 4 if all of the following apply: 3 5 a. The sentence of the defendant is subject to a maximum 3 6 accumulation of earned time of fifteen percent of the total 3 7 sentence of confinement under section 902.12. 3 8 b. The board of parole and the department of corrections 3 9 file a joint motion in the sentencing court to reopen the 3 10 sentence of the defendant. 3 11 c. The county attorney from the county which prosecuted 3 12 the defendant is served a copy of the motion to reopen by 3 13 certified mail. The motion shall specify that the county 3 14 attorney has thirty days from the date of service to consult 3 15 with the victim, if possible, and to file a written objection. 3 16 d. The court, upon hearing, grants the motion. 3 17 Sec. 3. Section 901.5A, subsections 2 and 3, Code 2003, 3 18 are amended to read as follows: 3 19 2. Upon a finding by the court that the defendant 3 20 cooperated in the prosecution of other persons or upon the 3 21 court granting a joint motion to reopen the sentence filed by 3 22 the board of parole and the department of corrections, the 3 23 court may reduce the maximum sentence imposed under the 3 24 original sentencing order. 3 25 3. For purposes of calculating earned time under section 3 26 903A.2, the sentencing date for a defendant whose sentence has 3 27 been reopened underthis sectionsubsection 1 shall be the 3 28 date of the original sentencing order. If the original 3 29 sentence was subject to the maximum accumulation of earned 3 30 time of fifteen percent of the total sentence of confinement 3 31 under section 902.12, the maximum accumulation of earned time 3 32 on the new sentence of confinement shall not be fifteen 3 33 percent of the new total sentence of confinement imposed by 3 34 the court upon reopening but shall accumulate as provided in 3 35 section 903A.2, subsection 1, paragraph "a". Any earned time 4 1 accumulated on the original sentence shall be credited to the 4 2 new sentence upon reopening. 4 3 Sec. 4. Section 901.5A, Code 2003, is amended by adding 4 4 the following new subsection: 4 5 NEW SUBSECTION. 3A. Upon reopening, a person serving a 4 6 sentence that was subject to the maximum accumulation of 4 7 earned time of fifteen percent of the total sentence of 4 8 confinement under section 902.12 may be paroled if eligible. 4 9 DIVISION III 4 10 Sec. 5. Section 48A.11, subsection 2, paragraph b, Code 4 11 2003, is amended to read as follows: 4 12 b. The penalty provided by law for submission of a false 4 13 voter registration form, which shall be the penalty for 4 14 perjury as provided by section 902.9, subsection56. 4 15 Sec. 6. Section 124.401, subsection 1, paragraph a, 4 16 unnumbered paragraph 1, Code 2003, is amended to read as 4 17 follows: 4 18 Violation of this subsection, with respect to the following 4 19 controlled substances, counterfeit substances, or simulated 4 20 controlled substances is a class "B" felony, and 4 21notwithstanding section 902.9, subsection 2, shall be punished4 22by confinement for no more than fifty years andin addition 4 23 shall be sentenced to a fine of not more than one million 4 24 dollars: 4 25 Sec. 7. Section 124.401, subsection 1, paragraph b, 4 26 unnumbered paragraph 1, Code 2003, is amended to read as 4 27 follows: 4 28 Violation of this subsection with respect to the following 4 29 controlled substances, counterfeit substances, or simulated 4 30 controlled substances is a class "B" felony, and 4 31 notwithstanding the provisions of section 902.9, subsection 2, 4 32 shall be punished by confinement for no more than fifteen 4 33 years, andin addition to the provisions of section 902.9,4 34subsection 2,shall be punished by a fine of not less than 4 35 five thousand dollars nor more than one hundred thousand 5 1 dollars: 5 2 Sec. 8. Section 142C.10, subsection 3, Code 2003, is 5 3 amended to read as follows: 5 4 3. A person who violates this section is guilty of a class 5 5"C""D" felonyand is subject to imprisonment not to exceed5 6ten years and notwithstanding section 902.9,to aand shall be 5 7 punished by a fine not to exceed two hundred fifty thousand 5 8 dollars, or both. 5 9 Sec. 9. Section 189A.19, Code 2003, is amended to read as 5 10 follows: 5 11 189A.19 BRIBERY. 5 12 Any person who gives, pays, or offers, directly or 5 13 indirectly, to any officer or employee of this state 5 14 authorized to perform any of the duties prescribed by this 5 15 chapter or by the regulations of the secretary, any money or 5 16 other thing of value, with intent to influence said officer or 5 17 employee in the discharge of any such duty, shall be deemed 5 18 guilty of a class "F" felony and, upon conviction thereof, 5 19 shall be punished by a fine not less than five thousand 5 20 dollars nor more than ten thousand dollarsand by imprisonment5 21in the penitentiary not less than one year nor more than three5 22years; and any officer or employee of this state authorized to 5 23 perform any of the duties prescribed by this chapter who 5 24 accepts any money, gift, or other thing of value from any 5 25 person, given with intent to influence the officer's or 5 26 employee's official action, or who receives or accepts from 5 27 any person engaged in intrastate commerce any gift, money, or 5 28 other thing of value given with any purpose or intent 5 29 whatsoever, shall be deemed guilty of a class "F" felony and 5 30 shall, upon conviction thereof, be summarily discharged from 5 31 office and shall be punished by a fine not less than one 5 32 thousand dollars nor more than ten thousand dollarsand by5 33imprisonment in the penitentiary not less than one year nor5 34more than three years. 5 35 Sec. 10. Section 706B.2, subsection 2, paragraph a, Code 6 1 2003, is amended to read as follows: 6 2 a. Subsection 1, paragraph "a", "b", or "c", commits a 6 3 class"C""D" felony, and may be fined not more than ten 6 4 thousand dollars or twice the value of the property involved, 6 5 whichever is greater, or be imprisoned for not more than ten6 6years, or both. 6 7 Sec. 11. Section 716B.2, Code 2003, is amended to read as 6 8 follows: 6 9 716B.2 UNLAWFUL DISPOSAL OF HAZARDOUS WASTE – PENALTIES. 6 10 A person who knowingly or with reason to know, disposes of 6 11 hazardous waste or arranges for or allows the disposal of 6 12 hazardous waste at any location other than one authorized by 6 13 the department or the United States environmental protection 6 14 agency, or in violation of any material term or condition of a 6 15 hazardous waste facility permit, is guilty of an aggravated 6 16 misdemeanor and upon conviction shall be punished by a fine of 6 17 not more than twenty-five thousand dollars for each day of 6 18 violation or imprisonment for not more than two years, or 6 19 both. If the conviction is for a violation committed after a 6 20 first conviction under this section, the person is guilty of a 6 21 class"D""F" felony and shall be punished by a fine of not 6 22 more than fifty thousand dollars for each dayofa violation 6 23or imprisonment for not more than five years, or bothoccurs. 6 24 Sec. 12. Section 716B.3, Code 2003, is amended to read as 6 25 follows: 6 26 716B.3 UNLAWFUL TRANSPORTATION OF HAZARDOUS WASTE – 6 27 PENALTIES. 6 28 A person who knowingly or with reason to know, transports 6 29 or causes to be transported any hazardous waste to any 6 30 location other than a facility that is authorized to receive, 6 31 treat, store, or dispose of the hazardous waste under rules 6 32 adopted pursuant to the federal Resource Conservation and 6 33 Recovery Act, 42 U.S.C. } 6901–6992, is guilty of an 6 34 aggravated misdemeanor and upon conviction shall be punished 6 35 by a fine of not more than twenty-five thousand dollars for 7 1 each day of violation or imprisonment for not more than two 7 2 years, or both. If the conviction is for a violation 7 3 committed after a first conviction under this section, the 7 4 person is guilty of a class"D""F" felony and shall be 7 5 punished by a fine of not more than fifty thousand dollars for 7 6 each dayofa violationor imprisonment for not more than five7 7years, or bothoccurs. 7 8 Sec. 13. Section 716B.4, Code 2003, is amended to read as 7 9 follows: 7 10 716B.4 UNLAWFUL STORAGE OR TREATMENT OF HAZARDOUS WASTE – 7 11 PENALTIES. 7 12 A person who knowingly or with reason to know, treats or 7 13 stores hazardous waste without a permit issued pursuant to 42 7 14 U.S.C. } 6925 or } 6926 is guilty of an aggravated misdemeanor 7 15 and upon conviction shall be punished by a fine of not more 7 16 than twenty-five thousand dollars for each day of violation or 7 17 imprisonment for not more than two years, or both. If the 7 18 conviction is for a violation committed after a first 7 19 conviction under this section, the person is guilty of a class 7 20"D""F" felony and shall be punished by a fine of not more 7 21 than fifty thousand dollars for each dayofa violationor7 22imprisonment for not more than five years, or bothoccurs. 7 23 Sec. 14. Section 902.9, subsections 4 and 5, Code 2003, 7 24 are amended to read as follows: 7 25 4. A class "C" felon, not an habitual offender, shall be 7 26 confined for no more than ten years, and in addition shall be 7 27 sentenced to a fine of at least one thousand dollars but not 7 28 more than ten thousand dollars. 7 29 4A. A class "D" felon, not an habitual offender, shall be 7 30 confined for no more than seven years, and in addition shall 7 31 be sentenced to a fine of at least one thousand dollars but 7 32 not more than ten thousand dollars. 7 33 5. A class"D""E" felon, not an habitual offender, shall 7 34 be confined for no more than five years, and in addition shall 7 35 be sentenced to a fine of at least seven hundred fifty dollars 8 1 but not more than seven thousand five hundred dollars. 8 2 Sec. 15. Section 902.9, Code 2003, is amended by adding 8 3 the following new subsection: 8 4 NEW SUBSECTION. 6. A class "F" felon, not an habitual 8 5 offender, shall be confined for no more than three years, and 8 6 in addition shall be sentenced to a fine of at least seven 8 7 hundred fifty dollars but not more than seven thousand five 8 8 hundred dollars. 8 9 Sec. 16. Sections 124.401, 124B.9, 142C.10, 172B.6, 8 10 502.605, 524.1605, 529.2, 706B.2, 714.9, 716.3, 722.2, and 8 11 725.7, Code 2003, are amended by striking from the sections 8 12 anywhere the letter "C" appears after the word "class" and 8 13 inserting in lieu thereof the letter "D". 8 14 Sec. 17. Sections 123.47, 124.406, 124A.4, 235B.20, 8 15 subsection 3, sections 321.279, 321J.2, 328.41, 462A.14, 8 16 692A.7, 705.1, 707.5, 707.6A, 707.7, 707.8, 708.2, 708.2A, 8 17 708.2C, 708.3, 708.3A, 708.3B, 708.4, 708.5, 708.6, 708.8, 8 18 708.11, 708.13, 708A.5, 709.8, 709.11, 709.15, 709.18, 710.6, 8 19 710.10, 711.4, 712.7, 712.8, 713.6, 713.6A, 717A.2, 717A.3, 8 20 717B.3A, 717B.9, 719.1, 719.4, 719.5, 719.6, 719.7, 719.8, 8 21 723A.2, 723A.3, 724.3, 724.4B, 724.10, 724.16, 724.16A, 8 22 724.17, 724.21, 724.22, 724.26, 724.30, 725.2, 725.3, 726.2, 8 23 726.5, 726.6, 726.8, 728.4, 728.12, 728.15, 729.5, and 811.2, 8 24 Code 2003, are amended by striking from the referenced 8 25 sections anywhere the letter "D" appears after the word 8 26 "class" and inserting in lieu thereof the letter "E". 8 27 Sec. 18. Sections 39A.2, 80.9, 80A.16, 87.11E, 87.14A, 8 28 91E.3, 99D.24, 99D.25, 99E.18, 99F.15, 124.401, 124.407, 8 29 126.25, 147.103A, 147A.11, 155A.24, 235B.20, subsection 5, 8 30 sections 321.189A, 321.217, 321.483, 422.25, 422.40, 422.58, 8 31 423.18, 424.17, 437A.13, 453B.12, 462A.70, 502.605, 507E.3, 8 32 516E.15, 521A.10, 523B.11, 523C.18, 535B.8, 553.14, 554D.122, 8 33 554D.123, 692.7, 706.3, 706B.2, 714.2, 714.10, 715A.2, 715A.6, 8 34 715A.8, 716.4, 716.10, 718.5, 720.2, 720.3, 721.1, 722.1, 8 35 722.10, 725.7, 725.16, 808B.2, 809A.10, and 809A.18, Code 9 1 2003, are amended by striking from the referenced sections 9 2 anywhere the letter "D" appears after the word "class" and 9 3 inserting in lieu thereof the letter "F". 9 4 DIVISION IV 9 5 Sec. 19. Section 91E.3, subsection 1, paragraph e, Code 9 6 2003, is amended to read as follows: 9 7 e. That possession of forged documentation authorizing the 9 8 person to stay or be employed in the United States is a class 9 9"D""F" felony. 9 10 Sec. 20. Section 602.6306, subsection 2, Code 2003, is 9 11 amended to read as follows: 9 12 2. District associate judges also have jurisdiction in 9 13 civil actions for money judgment where the amount in 9 14 controversy does not exceed ten thousand dollars; jurisdiction 9 15 over involuntary commitment, treatment, or hospitalization 9 16 proceedings under chapters 125 and 229; jurisdiction of 9 17 indictable misdemeanors,class "D"class "E" or class "F" 9 18 felony violations, and other felony arraignments; jurisdiction 9 19 to enter a temporary or emergency order of protection under 9 20 chapter 236, and to make court appointments and set hearings 9 21 in criminal matters; jurisdiction to enter orders in probate 9 22 which do not require notice and hearing and to set hearings in 9 23 actions under chapter 633; and the jurisdiction provided in 9 24 section 602.7101 when designated as a judge of the juvenile 9 25 court. While presiding in these subject matters a district 9 26 associate judge shall employ district judges' practice and 9 27 procedure. 9 28 Sec. 21. Section 701.7, Code 2003, is amended to read as 9 29 follows: 9 30 701.7 FELONY DEFINED AND CLASSIFIED. 9 31 A public offense is a felony of a particular class when the 9 32 statute defining the crime declares it to be a felony. 9 33 Felonies are class "A" felonies, class "B" felonies, class "C" 9 34 felonies,andclass "D" felonies, class "E" felonies, and 9 35 class "F" felonies. Where the statute defining the offense 10 1 declares it to be a felony but does not state what class of 10 2 felony it is or provide for a specific penalty, that felony 10 3 shall be a class"D""F" felony. 10 4 Sec. 22. Section 901.2, unnumbered paragraph 2, Code 2003, 10 5 is amended to read as follows: 10 6 The court shall not order a presentence investigation when 10 7 the offense is a class "A" felony. If, however, the board of 10 8 parole determines that the Iowa medical and classification 10 9 center reception report for a class "A" felon is inadequate, 10 10 the board may request and shall be provided with additional 10 11 information from the appropriate judicial district department 10 12 of correctional services. The court shall order a presentence 10 13 investigation when the offense is any felony punishable under 10 14 section 902.9, subsection 1, or a class "B", class "C",or10 15 class "D", class "E", or class "F" felony. A presentence 10 16 investigation for any felony punishable under section 902.9, 10 17 subsection 1, or a class "B", class "C",orclass "D", class 10 18 "E", or class "F" felony shall not be waived. The court may 10 19 order, with the consent of the defendant, that the presentence 10 20 investigation begin prior to the acceptance of a plea of 10 21 guilty, or prior to a verdict of guilty. The court may order 10 22 a presentence investigation when the offense is an aggravated 10 23 misdemeanor. The court may order a presentence investigation 10 24 when the offense is a serious misdemeanor only upon a finding 10 25 of exceptional circumstances warranting an investigation. 10 26 Notwithstanding section 901.3, a presentence investigation 10 27 ordered by the court for a serious misdemeanor shall include 10 28 information concerning only the following: 10 29 Sec. 23. Section 902.3A, subsection 1, unnumbered 10 30 paragraph 1, Code 2003, is amended to read as follows: 10 31 Notwithstanding section 902.3, when a conviction for a 10 32 class "D", class "E", or class "F" felony is entered against a 10 33 person, the court, at its discretion, in imposing a sentence 10 34 of confinement pursuant to section 901.5, may commit the 10 35 person into the custody of the director of the Iowa department 11 1 of corrections for a determinate term of less than the maximum 11 2 length of the sentence prescribed by section 902.9,subsection11 35,if mitigating circumstances exist and those circumstances 11 4 are stated specifically on the record. 11 5 Sec. 24. Section 902.8, Code 2003, is amended to read as 11 6 follows: 11 7 902.8 MINIMUM SENTENCE – HABITUAL OFFENDER. 11 8 An habitual offender is any person convicted of a class 11 9 "C",or aclass "D", class "E", or class "F" felony, who has 11 10 twice before been convicted of any felony in a court of this 11 11 or any other state, or of the United States. An offense is a 11 12 felony if, by the law under which the person is convicted, it 11 13 is so classified at the time of the person's conviction. A 11 14 person sentenced as an habitual offender shall not be eligible 11 15 for parole until the person has served the minimum sentence of 11 16 confinement of three years. 11 17 Sec. 25. Section 902.9, unnumbered paragraph 2, Code 2003, 11 18 is amended to read as follows: 11 19 The criminal penalty surcharge required by sections 911.2 11 20 and 911.3 shall be added to a fine imposed on a class "C",or11 21 class "D", class "E", or class "F" felon, as provided by those 11 22 sections, and is not a part of or subject to the maximums set 11 23 in this section. 11 24 EXPLANATION 11 25 This bill makes changes to criminal sentencing. 11 26 DIVISION I – CONDITIONAL DISCHARGE FOR DRUG-RELATED 11 27 OFFENSES. The bill reinstates Code section 124.409(1), which 11 28 was repealed in the 2002 Legislative Session and makes changes 11 29 to the section. The bill permits a defendant to receive a 11 30 conditional discharge of a sentence for an offense committed 11 31 under Code chapter 124 or any other drug-related offense. A 11 32 conditional discharge permits the court, upon a plea or 11 33 conviction of guilt, to defer entering judgment of guilt and 11 34 place the defendant on probation. If the defendant violates 11 35 probation, the court may enter an adjudication of guilt and 12 1 sentence the defendant. If the defendant fulfills the terms 12 2 of probation, the court shall dismiss the proceedings against 12 3 the defendant without an adjudication of guilt. The Code 12 4 section repealed in the 2002 Legislative Session restricted 12 5 the conditional discharge to a first offense. The bill 12 6 permits more than one conditional discharge. 12 7 DIVISION II – EIGHTY-FIVE PERCENT SENTENCE REOPENINGS. 12 8 The bill also provides for the reopening of a judgment and 12 9 sentence for a person serving a sentence that requires the 12 10 maximum accumulation of earned time credits of 15 percent of 12 11 the total sentence of confinement or most commonly referred to 12 12 as an 85 percent sentence. 12 13 Under the bill, an 85 percent sentence may be reopened upon 12 14 a joint motion filed by the board of parole and the department 12 15 of corrections if the original sentencing court grants the 12 16 motion. The county attorney from the county which prosecuted 12 17 the defendant may, after consulting with the victim, if the 12 18 victim can be found, file an objection to the motion to 12 19 reopen. If the sentence is reopened, the court may resentence 12 20 the defendant and reduce the maximum sentence imposed in the 12 21 original sentencing order and the new sentence shall no longer 12 22 be subject to the maximum accumulation of earned time of 15 12 23 percent of the total sentence of confinement. If a defendant 12 24 is resentenced to a new maximum sentence, the maximum 12 25 accumulation of earned time shall be calculated in the same 12 26 manner as other offenses in Code chapter 903A, which is one 12 27 and two-tenths days for each day the inmate demonstrates good 12 28 conduct or satisfactorily participates in prison programs. 12 29 Any earned time accumulated on the original sentence shall be 12 30 credited to the new sentence upon reopening. If a sentence is 12 31 reopened, the defendant may be paroled if eligible. 12 32 DIVISION III – RECLASSIFICATION OF CERTAIN FELONY 12 33 OFFENSES. The bill changes the maximum term of confinement 12 34 for certain class "B" felonies, reclassifies certain class "C" 12 35 felonies as class "D" felonies, changes the maximum term of 13 1 confinement for certain class "D" felonies, and reclassifies 13 2 all class "D" felonies into either a class "E" or class "F" 13 3 felony. The new class "D" felony is punishable by confinement 13 4 for no more than seven years and a fine of at least $750 but 13 5 not more than $7,500. The class "E" felony is punishable by 13 6 confinement for no more than five years and a fine of at least 13 7 $750 but not more than $7,500. The class "F" felony is 13 8 punishable by confinement for no more than three years and a 13 9 fine of at least $750 but not more than $7,500. 13 10 The bill does not change any minimum or maximum fine amount 13 11 for any criminal offense, thus if the minimum fine amount was 13 12 $750 before the offense was reclassified, the minimum fine 13 13 amount will be $750 after reclassification. 13 14 MAXIMUM TERM OF CONFINEMENT CHANGED FOR CERTAIN CLASS "B" 13 15 FELONIES. The maximum term of confinement is changed from 50 13 16 years to 25 years of confinement for manufacture or delivery 13 17 of large quantities of a controlled substance in violation of 13 18 Code section 124.401(1)(a). The maximum term of confinement 13 19 is changed from 25 years to 15 years of confinement for the 13 20 manufacture or delivery of certain controlled substances in 13 21 violation of Code section 124.401(1)(b). 13 22 CLASS "C" FELONIES RECLASSIFIED AS CLASS "D" FELONIES. The 13 23 bill reclassifies the following class "C" felonies as class 13 24 "D" felonies: manufacture or delivery of a controlled 13 25 substance (124.401), sale or receipt of precursor substances 13 26 used in controlled substances (124B.9), sale or purchase of an 13 27 anatomical gift (142C.10), falsifying, altering, or forging a 13 28 transportation certificate for livestock (172B.6), willful 13 29 violation of the uniform securities Act (502.605), false 13 30 statements or entries by bank officers or employees 13 31 (524.1605), financial transaction reporting violations 13 32 (529.2), money laundering (706B.2), fraudulent practice in the 13 33 first degree (714.9), criminal mischief in the first degree 13 34 (716.3), accepting a bribe (722.2), and illegal gaming 13 35 (725.7). 14 1 CLASS "D" FELONIES RECLASSIFIED AS CLASS "E" FELONIES. If 14 2 a class "D" felony is reclassified under the bill as a class 14 3 "E" felony, the maximum term of confinement remains at five 14 4 years and the minimum and maximum fine amounts remain the 14 5 same. 14 6 CLASS "D" FELONIES RECLASSIFIED AS CLASS "F" FELONIES. The 14 7 bill reclassifies the following class "D" felonies as class 14 8 "F" felonies: election misconduct (39A.2), false voter 14 9 registration form (48A.11), transmission of HIV-related 14 10 information (80.9), bail enforcement license violations 14 11 (80A.16), filing false financial statements (87.11E), 14 12 obtaining insurance covering compensation benefits violation 14 13 (87.14A), pari-mutuel wagering prohibited activities (99D.24), 14 14 drugging or numbing a horse or dog prior to race (99D.25), 14 15 prohibited sales or forgery of lottery tickets (99E.18), 14 16 prohibited activities on excursion boats (99F.15), possession 14 17 of certain substances used to make a controlled substance 14 18 (124.401), gatherings where controlled substances unlawfully 14 19 used (124.407), offering for sale HIV test kits (126.25), 14 20 unauthorized practice of medicine (147.103A), acting as an EMT 14 21 without certificate (147A.11), sale or delivery of unlawfully 14 22 procured prescription drugs (155A.24), bribery of meat and 14 23 poultry inspectors (189A.19), exploiting dependant adult 14 24 causing monetary loss (235B.20), misuse of vehicle license by 14 25 undercover peace officer (321.189A), false affidavit submitted 14 26 under motor vehicle laws (321.217), violations under motor 14 27 vehicle laws specified as a felony (321.483), willful invasion 14 28 of income, sales, services, or franchise tax (422.25), make or 14 29 verify false information or make false return by corporation 14 30 or partnership (422.40), willful evasion of tax on retail 14 31 sales (422.58), willful evasion of use tax (423.18), willful 14 32 attempt to evade environmental protection charge (424.17), 14 33 willful evasion of replacement tax (437A.13), criminal drug 14 34 stamp violations (453B.12), fraudulent alteration of water 14 35 vessel hull identification (462A.70), willful violation of the 15 1 uniform securities Act (502.605), insurance fraud (507E.3), 15 2 willful violation of motor vehicle service contract (516E.15), 15 3 willful violations of requirements relating to insurance 15 4 holding company (521A.10), business opportunity promotion 15 5 violations (523B.11), residential service contract violations 15 6 (523C.18), acting as mortgage broker or banker without a 15 7 license (535B.8), price-fixing contracts with government 15 8 (553.14), fraudulent use of electronic signature (554D.122), 15 9 false or unauthorized request to obtain private key for use as 15 10 digital signature (554D.123), requesting criminal intelligence 15 11 data under false pretenses (692.7), conspiracy to commit a 15 12 felony other than a forcible felony (706.3), money laundering 15 13 (706B.2), theft in the second degree (714.2), fraudulent 15 14 practices in the second degree (714.10), forgery (715A.2), 15 15 fraudulent use of credit cards (715A.6), identity theft 15 16 (715A.8), criminal mischief in the second degree (716.4), 15 17 railroad vandalism in the fourth degree (716.10), unlawful 15 18 disposal of hazardous waste (716B.2), unlawful transportation 15 19 of hazardous waste (716B.3), unlawful storage or treatment of 15 20 hazardous waste (716B.4), falsifying public documents (718.5), 15 21 perjury (720.2), suborning perjury (720.3), felonious 15 22 misconduct in office (721.1), bribery (722.1), commercial 15 23 bribery (722.10), illegal gambling (725.7), gambling violation 15 24 involving an amusement device (725.16), unlawful interception 15 25 of communications (808B.2), failure of trustee to notify 15 26 prosecuting attorney (809A.10), and destruction of material 15 27 subject to subpoena in a forfeiture proceeding (809A.18). 15 28 DIVISION IV – MISCELLANEOUS CHANGES. This division of the 15 29 bill amends various Code sections to conform with 15 30 reclassifying certain felonies in the bill. 15 31 LSB 1141HV 80 15 32 jm/cf/24
Text: HF00597 Text: HF00599 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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