Text: SSB03153 Text: SSB03155 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 711.1, subsection 1, Code 2003, is 1 2 amended to read as follows: 1 3 1. Commits an assault upon another other than an assault 1 4 as defined in section 708.2, subsection 6. 1 5 Sec. 2. Section 901.5B, subsection 1, Code Supplement 1 6 2003, is amended to read as follows: 1 7 1. A defendant serving a sentence under section 902.12 1 8 prior to July 1, 2003, who is sentenced by the court to the 1 9 custody of the director of the department of corrections, may 1 10 have the judgment and sentence reopened for resentencing if 1 11all of the following applyparagraph "a" or "b" applies: 1 12 a. The county attorney from the county which prosecuted 1 13 the defendant files a motion in the sentencing court to reopen 1 14 the sentence of the defendant. The county attorney shall 1 15 notify the victim pursuant to section 915.13 of the filing of 1 16 the motion. The motion shall specify that the county attorney 1 17 has informed the victim about the filing of the motion, and 1 18 that the victim has thirty days from the date of the filing of 1 19 the motion to file a written objection with the court. If no 1 20 written objection is filed, or if a written objection is filed 1 21 and upon hearing, the court may grant the motion. 1 22 b. The board of parole and the department of corrections 1 23 file a joint motion in the sentencing court to reopen the 1 24 sentence of the defendant. The county attorney from the 1 25 county which prosecuted the defendant is served a copy of the 1 26 motion by certified mail. The county attorney has thirty days 1 27 from the date of service to notify and consult with the victim 1 28 pursuant to section 915.13, and to file a written objection. 1 29NoIf no written objection is filed, or if a written objection 1 30 is filed,and upon hearing, the courtgrantsmay grant the 1 31 motion. 1 32 EXPLANATION 1 33 This bill relates to sentences that restrict the maximum 1 34 accumulation of earned time credits to 15 percent of the total 1 35 sentence of confinement, commonly referred to as an 85 percent 2 1 sentence. 2 2 The bill creates an exception to the definition of the 2 3 criminal offense of robbery. The bill provides that a person 2 4 who commits or intends to commit a theft, and who commits a 2 5 simple misdemeanor assault to further the commission of the 2 6 theft, does not commit robbery. Under current law, a person 2 7 who commits or intends to commit any theft, and who commits 2 8 any assault to further the commission of the theft, commits 2 9 either robbery in the first degree or robbery in the second 2 10 degree depending on the severity of the assault. 2 11 Robbery in the first degree is an 85 percent class "B" 2 12 felony punishable by confinement for no more than 25 years. 2 13 Robbery in the second degree is an 85 percent class "C" felony 2 14 punishable by confinement for no more than 10 years and a fine 2 15 of at least $1,000 but not more than $10,000. 2 16 Under the bill, a person who was sentenced to an 85 percent 2 17 sentence prior to July 1, 2003, may have the person's sentence 2 18 reopened upon a joint motion filed by the board of parole and 2 19 the department of corrections if the original sentencing court 2 20 grants the motion. The county attorney from the county which 2 21 prosecuted the defendant may, after consulting with the 2 22 victim, if the victim can be found, file an objection to the 2 23 motion to reopen. If the sentence is reopened, the defendant 2 24 becomes parole-eligible after serving 70 percent of the 2 25 maximum term of the sentence, as persons sentenced to an 85 2 26 percent sentence on or after July 1, 2003. 2 27 Under current law, the county attorney may only file a 2 28 motion to reopen an 85 percent sentence. 2 29 LSB 6687XC 80 2 30 jm/pj/5
Text: SSB03153 Text: SSB03155 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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