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Senate Study Bill 1138

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.401, subsection 1, paragraph a,
  1  2 subparagraph (3), Code 2003, is amended to read as follows:
  1  3    (3)  More than fifty five hundred grams of a mixture or
  1  4 substance described in subparagraph (2) which contains cocaine
  1  5 base.
  1  6    Sec. 2.  Section 124.401, subsection 1, paragraph b,
  1  7 subparagraph (3), Code 2003, is amended to read as follows:
  1  8    (3)  More than five fifty grams but not more than fifty
  1  9 five hundred grams of a mixture or substance described in
  1 10 subparagraph (2) which contains cocaine base.
  1 11    Sec. 3.  Section 124.401, subsection 1, paragraph c,
  1 12 subparagraph (3), Code 2003, is amended to read as follows:
  1 13    (3)  Five Fifty grams or less of a mixture or substance
  1 14 described in subparagraph (2) which contains cocaine base.
  1 15    Sec. 4.  Section 692A.2A, subsections 2 and 3, Code 2003,
  1 16 are amended to read as follows:
  1 17    2.  A person shall not reside within two one thousand three
  1 18 hundred twenty feet of the real property comprising a public
  1 19 or nonpublic elementary or secondary school or a child care
  1 20 facility.
  1 21    3.  A person who resides within two one thousand three
  1 22 hundred twenty feet of the real property comprising a public
  1 23 or nonpublic elementary or secondary school, or a child care
  1 24 facility, commits an aggravated misdemeanor.
  1 25    Sec. 5.  Section 692A.2A, subsection 4, unnumbered
  1 26 paragraph 1, Code 2003, is amended to read as follows:
  1 27    A person residing within two one thousand three hundred
  1 28 twenty feet of the real property comprising a public or
  1 29 nonpublic elementary or secondary school or a child care
  1 30 facility does not commit a violation of this section if any of
  1 31 the following apply:
  1 32    Sec. 6.  Section 692A.5, subsection 1, paragraph h, Code
  1 33 2003, is amended to read as follows:
  1 34    h.  Inform the person, if the person's residency is
  1 35 restricted under section 692A.2A, that the person shall not
  2  1 reside within two one thousand three hundred twenty feet of
  2  2 the real property comprising a public or nonpublic elementary
  2  3 or secondary school, or a child care facility.
  2  4    Sec. 7.  Section 711.3, Code 2003, is amended to read as
  2  5 follows:
  2  6    711.3  ROBBERY IN THE SECOND DEGREE.
  2  7    All robbery which is not robbery in the first degree is
  2  8 robbery in the second degree, except as provided in section
  2  9 711.3A.  Robbery in the second degree is a class "C" felony.
  2 10    Sec. 8.  NEW SECTION.  711.3A  ROBBERY IN THE THIRD DEGREE.
  2 11    A person commits robbery in the third degree when, while
  2 12 perpetrating a robbery, the person commits an assault upon
  2 13 another as defined in section 708.2, subsection 5.  Robbery in
  2 14 the third degree is an aggravated misdemeanor.
  2 15    Sec. 9.  Section 901.5A, Code 2003, is amended by adding
  2 16 the following new subsection:
  2 17    NEW SUBSECTION.  1A.  A defendant may have a judgment and
  2 18 sentence entered under section 901.5 reopened for resentencing
  2 19 if all of the following apply:
  2 20    a.  The sentence of the defendant is subject to a maximum
  2 21 accumulation of earned time of fifteen percent of the total
  2 22 sentence of confinement under section 902.12.
  2 23    b.  The board of parole and the department of corrections
  2 24 file a joint motion in the sentencing court to reopen the
  2 25 sentence of the defendant.
  2 26    c.  The county attorney from the county which prosecuted
  2 27 the defendant is served a copy of the motion to reopen by
  2 28 certified mail.  The motion shall specify that the county
  2 29 attorney has thirty days from the date of service to consult
  2 30 with the victim, if possible, and to file a written objection.
  2 31    d.  No written objection is filed, thereby requiring the
  2 32 court to grant the motion, or if a written objection is filed,
  2 33 and upon hearing the court grants the motion.
  2 34    Sec. 10.  Section 901.5A, subsections 2 and 3, Code 2003,
  2 35 are amended to read as follows:
  3  1    2.  Upon a finding by the court that the defendant
  3  2 cooperated in the prosecution of other persons or upon the
  3  3 court granting a joint motion to reopen the sentence filed by
  3  4 the board of parole and the department of corrections, the
  3  5 court may reduce the maximum sentence imposed under the
  3  6 original sentencing order.
  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 subsection 1 shall be the
  3 10 date of the original sentencing order.  If the original
  3 11 sentence was subject to the maximum accumulation of earned
  3 12 time of fifteen percent of the total sentence of confinement
  3 13 under section 902.12, the maximum accumulation of earned time
  3 14 on the new sentence of confinement shall not be fifteen
  3 15 percent of the new total sentence of confinement imposed by
  3 16 the court upon reopening but shall accumulate as provided in
  3 17 section 903A.2, subsection 1, paragraph "a".  Any earned time
  3 18 accumulated on the original sentence shall be credited to the
  3 19 new sentence upon reopening.
  3 20    Sec. 11.  Section 901.5A, Code 2003, is amended by adding
  3 21 the following new subsection:
  3 22    NEW SUBSECTION.  3A.  Upon reopening, a person serving a
  3 23 sentence that was subject to the maximum accumulation of
  3 24 earned time of fifteen percent of the total sentence of
  3 25 confinement under section 902.12 may be paroled if eligible.
  3 26    Sec. 12.  Section 902.11, unnumbered paragraph 1, Code
  3 27 2003, is amended to read as follows:
  3 28    A person serving a sentence for conviction of a felony,
  3 29 other than a forcible felony under section 902.12, who has a
  3 30 criminal record of one or more prior convictions for a
  3 31 forcible felony or a crime of a similar gravity in this or any
  3 32 other state, shall be denied parole or work release unless the
  3 33 person has served at least one-half of the maximum term of the
  3 34 defendant's sentence.  However, the mandatory sentence
  3 35 provided for by this section does not apply if either of the
  4  1 following apply:
  4  2    Sec. 13.  Section 902.12, unnumbered paragraph 1, Code
  4  3 2003, is amended to read as follows:
  4  4    Except as otherwise provided in section 903A.2, a A person
  4  5 serving a sentence for conviction of the following forcible
  4  6 felonies shall serve one hundred percent of the maximum term
  4  7 of the person's sentence and shall not be released on be
  4  8 denied parole or work release unless the person has served at
  4  9 least one-half of the maximum term of the person's sentence:
  4 10    Sec. 14.  Section 902.12, subsection 5, unnumbered
  4 11 paragraph 2, Code 2003, is amended to read as follows:
  4 12    Except as otherwise provided in section 903A.2, a person
  4 13 serving a sentence for conviction under
  4 14    6.  Vehicular homicide in violation of section 707.6A,
  4 15 subsection 1 or 2, shall serve one hundred percent of the
  4 16 maximum term of the person's sentence and shall not be
  4 17 released on parole or work release if the person was also
  4 18 convicted under section 321.261, subsection 3, based on the
  4 19 same facts or event that resulted in the conviction under
  4 20 section 707.6A, subsection 1 or 2.
  4 21    Sec. 15.  Section 906.15, unnumbered paragraph 1, Code
  4 22 2003, is amended to read as follows:
  4 23    Unless sooner discharged, a person released on parole shall
  4 24 be discharged when the person's term of parole equals the
  4 25 period of imprisonment specified in the person's sentence,
  4 26 less all time served in confinement.  Discharge from parole
  4 27 may be granted prior to such time, when an early discharge is
  4 28 appropriate.  However, a person released on parole who is
  4 29 serving a sentence under section 902.12 shall serve a minimum
  4 30 term of parole of three years unless the person's term of
  4 31 parole equals the period of imprisonment specified in the
  4 32 person's sentence less all time served in confinement.  The
  4 33 board shall periodically review all paroles, and when the
  4 34 board determines that any person on parole is able and willing
  4 35 to fulfill the obligations of a law-abiding citizen without
  5  1 further supervision, the board shall discharge the person from
  5  2 parole.  A parole officer shall periodically review all
  5  3 paroles assigned to the parole officer, and when the parole
  5  4 officer determines that any person assigned to the officer is
  5  5 able and willing to fulfill the obligations of a law-abiding
  5  6 citizen without further supervision, the officer may discharge
  5  7 the person from parole after notification and approval of the
  5  8 district director and notification of the board of parole.  In
  5  9 any event, discharge from parole shall terminate the person's
  5 10 sentence.  However, a person convicted of a violation of
  5 11 section 709.3, 709.4 or 709.8 committed on or with a child
  5 12 shall not be discharged from parole until the person's term of
  5 13 parole equals the period of imprisonment specified in the
  5 14 person's sentence, less all time served in confinement.  
  5 15                           EXPLANATION
  5 16    This bill relates to criminal sentencing and procedure by
  5 17 changing the penalties for certain offenses involving a
  5 18 substance containing cocaine base, by creating a criminal
  5 19 offense of robbery in the third degree, modifying residency
  5 20 restrictions for a sex offender, changing the parole and work
  5 21 release eligibility of a person serving a sentence that
  5 22 requires a maximum accumulation of earned time credits of 15
  5 23 percent of the total term of confinement, and by permitting
  5 24 the reopening of such a sentence.
  5 25    CONTROLLED SUBSTANCES.  The bill relates to the unlawful
  5 26 manufacture, delivery, or possession with the intent to
  5 27 manufacture or deliver, or conspiring to manufacture, deliver,
  5 28 or possess with the intent to manufacture or deliver a cocaine
  5 29 substance containing cocaine base, which is commonly referred
  5 30 to as "crack cocaine".  The bill increases the threshold
  5 31 amount of "crack cocaine" that is necessary to obtain certain
  5 32 felony drug convictions.
  5 33    If a criminal offense under the bill involves more than 500
  5 34 grams of a cocaine substance containing cocaine base, the
  5 35 person commits a class "B" felony, punishable by confinement
  6  1 for no more than 50 years, and a fine of not more than $1
  6  2 million.  Under current law, if the amount of the cocaine
  6  3 substance containing cocaine base is more than 50 grams, a
  6  4 person commits a class "B" felony, punishable by confinement
  6  5 for no more than 50 years, and a fine of not more than $1
  6  6 million.  Current law also provides that the same criminal
  6  7 penalty for other cocaine-related offenses requires more than
  6  8 five kilograms.
  6  9    If a criminal offense under the bill involves more than 50
  6 10 grams but not more than 500 grams of a cocaine substance
  6 11 containing cocaine base, the person commits a class "B"
  6 12 felony, punishable by confinement for no more than 25 years,
  6 13 and a fine of not less than $5,000 but not more than $100,000.
  6 14 Under current law, if the amount of the cocaine substance
  6 15 containing cocaine base is more than five grams but not more
  6 16 than 50 grams, a person commits a class "B" felony, punishable
  6 17 by confinement for no more than 25 years, and a fine of not
  6 18 less than $5,000 but not more than $100,000.  Current law also
  6 19 provides that the same criminal penalty for other cocaine-
  6 20 related offenses requires more than 500 grams but not more
  6 21 than five kilograms.
  6 22    If a criminal offense under the bill involves 50 grams or
  6 23 less of a cocaine substance containing cocaine base, a person
  6 24 commits a class "C" felony, punishable by confinement for no
  6 25 more than 10 years, and a fine of not less than $1,000 but not
  6 26 more than $50,000.  Under current law, if the amount of the
  6 27 cocaine substance containing cocaine base is five grams or
  6 28 less, a person commits a class "C" felony, punishable by
  6 29 confinement for no more than 10 years, and a fine of not less
  6 30 than $1,000 but no more than $50,000.  Current law also
  6 31 provides that the same criminal penalty for other cocaine-
  6 32 related offenses requires 500 grams or less.
  6 33    SEX OFFENDER REGISTRY.  The bill provides that a person who
  6 34 commits an aggravated offense, criminal offense against a
  6 35 minor, sexually violent offense, or any other relevant offense
  7  1 defined in Code chapter 692A shall not reside within 1,320
  7  2 feet (quarter of a mile) of the real property comprising a
  7  3 public or nonpublic elementary or secondary school or child
  7  4 care facility.  Current law provides that such a person shall
  7  5 not reside within 2,000 feet of the real property comprising a
  7  6 public or nonpublic elementary or secondary school or child
  7  7 care facility.
  7  8    ROBBERY IN THE THIRD DEGREE.  The bill creates the criminal
  7  9 offense of robbery in the third degree.  The bill provides
  7 10 that a person who commits or intends to commit a theft, and
  7 11 who commits a simple misdemeanor assault to further the
  7 12 commission of the theft, commits robbery in the third degree.
  7 13 Under the bill a person who commits robbery in the third
  7 14 degree commits an aggravated misdemeanor.  Current law
  7 15 provides that a person who commits or intends to commit a
  7 16 theft and who commits a simple misdemeanor assault to further
  7 17 the commission of the theft commits robbery in the second
  7 18 degree punishable as a class "C" felony.
  7 19    EIGHTY-FIVE PERCENT SENTENCES.  The bill makes changes to a
  7 20 sentence that requires the maximum accumulation of earned time
  7 21 credits of 15 percent of the total sentence of confinement,
  7 22 most commonly referred to as an 85 percent sentence.
  7 23    The bill provides that a person who is serving an 85
  7 24 percent sentence may be eligible for parole or work release
  7 25 after serving 50 percent of the maximum term of confinement.
  7 26 However, the bill does not change the maximum amount of earned
  7 27 time which can be earned by a person serving an 85 percent
  7 28 sentence; thus if a person is not released on parole or work
  7 29 release, the person shall serve 85 percent of the sentence in
  7 30 confinement.  If a person is paroled after serving 50 percent
  7 31 of the maximum term of confinement, all aspects of the
  7 32 person's parole are the same as parole for other offenders,
  7 33 except the person's term of parole shall be for at least three
  7 34 years, or up to the maximum term of the sentence permitted by
  7 35 law.
  8  1    The bill also provides for the reopening of a judgment and
  8  2 sentence for a person serving a sentence that requires the
  8  3 maximum accumulation of earned time credits of 15 percent of
  8  4 the total sentence of confinement or most commonly referred to
  8  5 as an 85 percent sentence.  Under the bill, an 85 percent
  8  6 sentence may be reopened upon a joint motion filed by the
  8  7 board of parole and the department of corrections if the
  8  8 original sentencing court grants the motion.  The county
  8  9 attorney from the county which prosecuted the defendant may,
  8 10 after consulting with the victim, if the victim can be found,
  8 11 file an objection to the motion to reopen.  If no written
  8 12 objection is filed, the court shall grant the motion, or if a
  8 13 written objection, the court shall conduct a hearing to
  8 14 determine whether the sentence should be reopened.  If the
  8 15 sentence is reopened, the court may resentence the defendant
  8 16 and reduce the maximum sentence imposed in the original
  8 17 sentencing order and the new sentence shall no longer be
  8 18 subject to the maximum accumulation of earned time of 15
  8 19 percent of the total sentence of confinement.  If a defendant
  8 20 is resentenced to a new maximum sentence, the maximum
  8 21 accumulation of earned time shall be calculated in the same
  8 22 manner as other offenses in Code chapter 903A, which is one
  8 23 and two-tenths days for each day the inmate demonstrates good
  8 24 conduct or satisfactorily participates in prison programs.
  8 25 Any earned time accumulated on the original sentence shall be
  8 26 credited to the new sentence upon reopening.  If a sentence is
  8 27 reopened, the defendant may be paroled if eligible.  
  8 28 LSB 2707XC 80
  8 29 jm/sh/8.1
     

Text: SSB01137                          Text: SSB01139
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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