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Senate File 2275

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2275
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO CRIMINAL SENTENCING PRACTICE AND PROCEDURE.
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7 
  1  8    Section 1.  Section 902.12, unnumbered paragraph 1, Code
  1  9 Supplement 2003, is amended to read as follows:
  1 10    A person serving a sentence for conviction of the following
  1 11 felonies, including a person serving a sentence for conviction
  1 12 of the following felonies prior to July 1, 2003, shall be
  1 13 denied parole or work release unless the person has served at
  1 14 least seven-tenths of the maximum term of the person's
  1 15 sentence:
  1 16    Sec. 2.  Section 906.15, unnumbered paragraph 1, Code 2003,
  1 17 is amended to read as follows:
  1 18    Unless sooner discharged, a person released on parole shall
  1 19 be discharged when the person's term of parole equals the
  1 20 period of imprisonment specified in the person's sentence,
  1 21 less all time served in confinement.  Discharge from parole
  1 22 may be granted prior to such time, when an early discharge is
  1 23 appropriate.  The board shall periodically review all paroles,
  1 24 and when the board determines that any person on parole is
  1 25 able and willing to fulfill the obligations of a law-abiding
  1 26 citizen without further supervision, the board shall discharge
  1 27 the person from parole.  A parole officer shall periodically
  1 28 review all paroles assigned to the parole officer, and when
  1 29 the parole officer determines that any person assigned to the
  1 30 officer is able and willing to fulfill the obligations of a
  1 31 law-abiding citizen without further supervision, the officer
  1 32 may discharge the person from parole after notification and
  1 33 approval of the district director and notification of the
  1 34 board of parole.  In any event, discharge from parole shall
  1 35 terminate the person's sentence.  However, a person convicted
  2  1 of a violation of section 709.3, 709.4 or 709.8 committed on
  2  2 or with a child, or a person serving a sentence under section
  2  3 902.12, shall not be discharged from parole until the person's
  2  4 term of parole equals the period of imprisonment specified in
  2  5 the person's sentence, less all time served in confinement.
  2  6    Sec. 3.  Section 915.13, subsection 1, paragraph h, Code
  2  7 Supplement 2003, is amended by striking the paragraph.
  2  8    Sec. 4.  Section 915.14, Code Supplement 2003, is amended
  2  9 to read as follows:
  2 10    915.14  NOTIFICATION BY CLERK OF THE DISTRICT COURT.
  2 11    The clerk of the district court shall notify a registered
  2 12 victim of all dispositional orders of the case in which the
  2 13 victim was involved and may advise the victim of any other
  2 14 orders regarding custody or confinement.  If a motion to
  2 15 reopen the sentence has been filed pursuant to section 901.5B,
  2 16 the clerk of the district court shall notify a registered
  2 17 victim of the case in which the victim was involved.  The
  2 18 notice shall include the scheduled date, time, and place of
  2 19 the hearing, and the clerk shall notify the victim of a
  2 20 cancellation or postponement of any hearing regarding the
  2 21 motion to reopen.
  2 22    Sec. 5.  Section 901.5B, Code Supplement 2003, is repealed.
  2 23    Sec. 6.  CONTROLLED SUBSTANCE PENALTY STUDY.  The Iowa
  2 24 state bar association is requested to establish and lead a
  2 25 study committee to review the disparity of criminal penalties
  2 26 related to crack cocaine, cocaine, and other controlled
  2 27 substances, especially such criminal penalties classified as
  2 28 serious and aggravated misdemeanors and class "C" and "D"
  2 29 felonies.  The members of the study committee shall include
  2 30 but are not limited to representatives of the Iowa state bar
  2 31 association, the attorney general, the county attorneys
  2 32 association, the state public defender, the department of
  2 33 corrections, the judicial district department of correctional
  2 34 services, and the criminal law section of the Iowa trial
  2 35 lawyers association.  The study committee is requested to file
  3  1 recommendations with the general assembly by December 15,
  3  2 2004.
  3  3    Sec. 7.  CRIMINAL CODE REVISIONS – STUDY.  The legislative
  3  4 council is requested to establish an interim study committee
  3  5 to review and propose revisions to the criminal code.  In
  3  6 establishing the committee, the legislative council is
  3  7 requested to consider proposals for the study by the Iowa
  3  8 state bar association and other appropriate agencies or
  3  9 organizations.  Proposals submitted to the legislative council
  3 10 may address committee membership, member voting, committee
  3 11 rules, the process to be used for reviewing and revising the
  3 12 criminal code and other pertinent matters.  
  3 13 
  3 14 
  3 15                                                             
  3 16                               JEFFREY M. LAMBERTI
  3 17                               President of the Senate
  3 18 
  3 19 
  3 20                                                             
  3 21                               CHRISTOPHER C. RANTS
  3 22                               Speaker of the House
  3 23 
  3 24    I hereby certify that this bill originated in the Senate and
  3 25 is known as Senate File 2275, Eightieth General Assembly.
  3 26 
  3 27 
  3 28                                                             
  3 29                               MICHAEL E. MARSHALL
  3 30                               Secretary of the Senate
  3 31 Approved                , 2004
  3 32 
  3 33 
  3 34                                
  3 35 THOMAS J. VILSACK
  4  1 Governor
     

Text: SF02274                           Text: SF02276
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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