Text: SSB01137 Text: SSB01139 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 thanfiftyfive 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 thanfivefifty grams but not more thanfifty1 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)FiveFifty 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 withintwoone 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 withintwoone 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 withintwoone 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 withintwoone 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 underthis sectionsubsection 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 29other 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 4Except as otherwise provided in section 903A.2, aA person 4 5 serving a sentence for conviction of the followingforcible4 6 felonies shallserve one hundred percent of the maximum term4 7of the person's sentence and shall not be released onbe 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 12Except as otherwise provided in section 903A.2, a person4 13serving a sentence for conviction under4 14 6. Vehicular homicide in violation of section 707.6A, 4 15 subsection 1 or 2,shall serve one hundred percent of the4 16maximum term of the person's sentence and shall not be4 17released on parole or work releaseif 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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