Text: SF00421 Text: SF00423 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 422 1 2 1 3 AN ACT 1 4 RELATING TO CRIMINAL SENTENCING AND PROCEDURE BY MODIFYING 1 5 THE PENALTIES FOR CERTAIN OFFENSES RELATED TO CONTROLLED 1 6 SUBSTANCES BY PERMITTING THE REOPENING OF A SENTENCE THAT 1 7 REQUIRES A MAXIMUM ACCUMULATION OF EARNED TIME CREDITS OF 1 8 FIFTEEN PERCENT OF THE TOTAL TERM OF CONFINEMENT AND BY 1 9 CHANGING THE PAROLE AND WORK RELEASE ELIGIBILITY OF A 1 10 PERSON SERVING SUCH A SENTENCE, REPEALING CERTAIN 1 11 DETERMINATE SENTENCES, AND PROVIDING A PENALTY. 1 12 1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 14 1 15 Section 1. Section 124.401, subsection 1, paragraph a, 1 16 subparagraph (2), unnumbered paragraph 1, Code 2003, is 1 17 amended to read as follows: 1 18 More than fivekilogramshundred grams of a mixture or 1 19 substance containing a detectable amount of any of the 1 20 following: 1 21 Sec. 2. Section 124.401, subsection 1, paragraph a, 1 22 subparagraph (2), subparagraph subdivisions (d) and (e), Code 1 23 2003, are amended by striking the subparagraph subdivisions. 1 24 Sec. 3. Section 124.401, subsection 1, paragraph a, Code 1 25 2003, is amended by adding the following new subparagraph: 1 26 NEW SUBPARAGRAPH. (7) More than five kilograms of a 1 27 mixture or substance containing a detectable amount of any of 1 28 the following: 1 29 (a) Methamphetamine, its salts, isomers, or salts of 1 30 isomers. 1 31 (b) Amphetamine, its salts, isomers, and salts of isomers. 1 32 (c) Any compound, mixture, or preparation which contains 1 33 any quantity of any of the substances referred to in 1 34 subparagraph subdivisions (a) and (b). 1 35 Sec. 4. Section 124.401, subsection 1, paragraph b, 2 1 subparagraph (2), unnumbered paragraph 1, Code 2003, is 2 2 amended to read as follows: 2 3 More thanfiveone hundred grams but not more than five 2 4kilogramshundred grams of any of the following: 2 5 Sec. 5. Section 124.401, subsection 1, paragraph b, 2 6 subparagraph (3), Code 2003, is amended to read as follows: 2 7 (3) More thanfiveten grams but not more than fifty grams 2 8 of a mixture or substance described in subparagraph (2) which 2 9 contains cocaine base. 2 10 Sec. 6. Section 124.401, subsection 1, paragraph c, 2 11 subparagraph (2), unnumbered paragraph 1, Code 2003, is 2 12 amended to read as follows: 2 13FiveOne hundred grams or less of any of the following: 2 14 Sec. 7. Section 124.401, subsection 1, paragraph c, 2 15 subparagraph (3), Code 2003, is amended to read as follows: 2 16 (3)FiveTen grams or less of a mixture or substance 2 17 described in subparagraph (2) which contains cocaine base. 2 18 Sec. 8. Section 901.5, subsection 13, Code 2003, is 2 19 amended by striking the subsection. 2 20 Sec. 9. NEW SECTION. 901.5B REOPENING OF SENTENCE FOR 2 21 PERSONS SERVING SENTENCE SUBJECT TO MAXIMUM ACCUMULATION OF 2 22 EARNED TIME OF FIFTEEN PERCENT. 2 23 1. A defendant serving a sentence under section 902.12 2 24 prior to the effective date of this Act, who is sentenced by 2 25 the court to the custody of the director of the department of 2 26 corrections, may have the judgment and sentence reopened for 2 27 resentencing if all of the following apply: 2 28 a. The county attorney from the county which prosecuted 2 29 the defendant files a motion in the sentencing court to reopen 2 30 the sentence of the defendant. The county attorney shall 2 31 notify the victim pursuant to section 915.13 of the filing of 2 32 the motion. The motion shall specify that the county attorney 2 33 has informed the victim about the filing of the motion, and 2 34 that the victim has thirty days from the date of the filing of 2 35 the motion to file a written objection with the court. 3 1 b. No written objection is filed or if a written objection 3 2 is filed, and upon hearing the court grants the motion. 3 3 2. Upon the court granting the motion to reopen the 3 4 sentence, the court shall order that the defendant be eligible 3 5 for consideration of parole or work release in the same manner 3 6 as a defendant serving a sentence under section 902.12. 3 7 3. For purposes of calculating earned time under section 3 8 903A.2, the sentencing date for a defendant whose sentence has 3 9 been reopened under this section shall be the date of the 3 10 original sentencing order. 3 11 4. The filing of a motion or reopening of a sentence under 3 12 this section shall not constitute grounds to stay any other 3 13 court proceedings, or to toll or restart the time for filing 3 14 of any posttrial motion or any appeal. 3 15 Sec. 10. Section 902.11, unnumbered paragraph 1, Code 3 16 2003, is amended to read as follows: 3 17 A person serving a sentence for conviction of a felony,3 18other than a forcible felony under section 902.12, who has a 3 19 criminal record of one or more prior convictions for a 3 20 forcible felony or a crime of a similar gravity in this or any 3 21 other state, shall be denied parole or work release unless the 3 22 person has served at least one-half of the maximum term of the 3 23 defendant's sentence. However, the mandatory sentence 3 24 provided for by this section does not apply if either of the 3 25 following apply: 3 26 Sec. 11. Section 902.12, unnumbered paragraph 1, Code 3 27 2003, is amended to read as follows: 3 28Except as otherwise provided in section 903A.2, aA person 3 29 serving a sentence for conviction of the followingforcible3 30 felonies shallserve one hundred percent of the maximum term3 31of the person's sentence and shall not be released onbe 3 32 denied parole or work release unless the person has served at 3 33 least seven-tenths of the maximum term of the person's 3 34 sentence: 3 35 Sec. 12. Section 902.12, subsection 5, unnumbered 4 1 paragraph 2, Code 2003, is amended to read as follows: 4 2Except as otherwise provided in section 903A.2, a person4 3serving a sentence for conviction under4 4 6. Vehicular homicide in violation of section 707.6A, 4 5 subsection 1 or 2,shall serve one hundred percent of the4 6maximum term of the person's sentence and shall not be4 7released on parole or work releaseif the person was also 4 8 convicted under section 321.261, subsection 3, based on the 4 9 same facts or event that resulted in the conviction under 4 10 section 707.6A, subsection 1 or 2. 4 11 Sec. 13. Section 903.4, Code 2003, is amended to read as 4 12 follows: 4 13 903.4 PROVIDING PLACE OF CONFINEMENT. 4 14 All persons sentenced to confinement for a period of one 4 15 year or less shall be confined in a place to be furnished by 4 16 the county where the conviction was had unless the person is 4 17 presently committed to the custody of the director of the Iowa 4 18 department of corrections, in which case the provisions of 4 19 section 901.8 apply, or unless the person is serving a4 20determinate term of confinement of one year pursuant to4 21section 902.3A. All persons sentenced to confinement for a 4 22 period of more than one year shall be committed to the custody 4 23 of the director of the Iowa department of corrections to be 4 24 confined in a place to be designated by the director and the 4 25 cost of the confinement shall be borne by the state. The 4 26 director may contract with local governmental units for the 4 27 use of detention or correctional facilities maintained by the 4 28 units for the confinement of such persons. 4 29 Sec. 14. Section 905.6, Code 2003, is amended by adding 4 30 the following new subsection: 4 31 NEW SUBSECTION. 9. Notify the board of parole, thirty 4 32 days prior to release, of the release from a residential 4 33 facility operated by the district department of a person 4 34 serving a sentence under section 902.12. 4 35 Sec. 15. NEW SECTION. 905.11 RESIDENTIAL FACILITY 5 1 RESIDENCY – MINIMUM. 5 2 A person who is serving a sentence under section 902.12, 5 3 the maximum term of which exceeds ten years, and who is 5 4 released on parole or work release shall reside in a 5 5 residential facility operated by the district department for a 5 6 period of not less than one year. 5 7 Sec. 16. Section 906.4, Code 2003, is amended by adding 5 8 the following new unnumbered paragraph after unnumbered 5 9 paragraph 1: 5 10 NEW UNNUMBERED PARAGRAPH. A person on parole or work 5 11 release who is serving a sentence under section 902.12 shall 5 12 begin parole or work release in a residential facility 5 13 operated by a judicial district department of correctional 5 14 services. 5 15 Sec. 17. Section 907.3, subsection 1, paragraph m, Code 5 16 2003, is amended by striking the paragraph. 5 17 Sec. 18. Section 907.3, subsection 2, paragraph g, Code 5 18 2003, is amended by striking the paragraph. 5 19 Sec. 19. Section 907.3, subsection 3, paragraph g, Code 5 20 2003, is amended by striking the paragraph. 5 21 Sec. 20. Section 915.13, subsection 1, Code 2003, is 5 22 amended by adding the following new paragraph: 5 23 NEW PARAGRAPH. h. The filing of a motion to reopen a 5 24 sentence of a defendant pursuant to section 901.5B. 5 25 Notwithstanding section 915.10, the notice shall be served by 5 26 certified mail. Notice shall include the scheduled date, 5 27 time, and place of any hearing to reopen a sentence and that 5 28 the victim has thirty days from the date of the service of the 5 29 motion to file a written objection with the court. 5 30 Sec. 21. Section 915.14, Code 2003, is amended to read as 5 31 follows: 5 32 915.14 NOTIFICATION BY CLERK OF THE DISTRICT COURT. 5 33 The clerk of the district court shall notify a registered 5 34 victim of all dispositional orders of the case in which the 5 35 victim was involved and may advise the victim of any other 6 1 orders regarding custody or confinement. If a motion to 6 2 reopen the sentence has been filed pursuant to section 901.5B, 6 3 the clerk of the district court shall notify a registered 6 4 victim of the case in which the victim was involved. The 6 5 notice shall include the scheduled date, time, and place of 6 6 the hearing, and the clerk shall notify the victim of a 6 7 cancellation or postponement of any hearing regarding the 6 8 motion to reopen. 6 9 Sec. 22. Section 902.3A, Code 2003, is repealed. 6 10 6 11 6 12 6 13 MARY E. KRAMER 6 14 President of the Senate 6 15 6 16 6 17 6 18 CHRISTOPHER C. RANTS 6 19 Speaker of the House 6 20 6 21 I hereby certify that this bill originated in the Senate and 6 22 is known as Senate File 422, Eightieth General Assembly. 6 23 6 24 6 25 6 26 MICHAEL E. MARSHALL 6 27 Secretary of the Senate 6 28 Approved , 2003 6 29 6 30 6 31 6 32 THOMAS J. VILSACK 6 33 Governor
Text: SF00421 Text: SF00423 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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