House Journal: Page 1294: Wednesday, April 23, 2003
26 b. No written objection is filed or if a written
27 objection is filed, and upon hearing the court grants
28 the motion.
29 2. Upon the court granting the motion to reopen
30 the sentence, the court shall order that the defendant
31 be eligible for consideration of parole or work
32 release in the same manner as a defendant serving a
33 sentence under section 902.12.
34 3. For purposes of calculating earned time under
35 section 903A.2, the sentencing date for a defendant
36 whose sentence has been reopened under this section
37 shall be the date of the original sentencing order.
38 4. The filing of a motion or reopening of a
39 sentence under this section shall not constitute
40 grounds to stay any other court proceedings, or to
41 toll or restart the time for filing of any posttrial
42 motion or any appeal.
43 Sec. 18. Section 902.11, unnumbered paragraph 1,
44 Code 2003, is amended to read as follows:
45 A person serving a sentence for conviction of a
46 felony, other than a forcible felony under section
47 902.12, who has a criminal record of one or more prior
48 convictions for a forcible felony or a crime of a
49 similar gravity in this or any other state, shall be
50 denied parole or work release unless the person has
Page 6
1 served at least one-half of the maximum term of the
2 defendant's sentence. However, the mandatory sentence
3 provided for by this section does not apply if either
4 of the following apply:
5 Sec. 19. Section 902.12, unnumbered paragraph 1,
6 Code 2003, is amended to read as follows:
7 Except as otherwise provided in section 903A.2, a A
8 person serving a sentence for conviction of the
9 following forcible felonies shall serve one hundred
10 percent of the maximum term of the person's sentence
11 and shall not be released on be denied parole or work
12 release unless the person has served at least seven-
13 tenths of the maximum term of the person's sentence:
14 Sec. 20. Section 902.12, subsection 5, unnumbered
15 paragraph 2, Code 2003, is amended to read as follows:
16 Except as otherwise provided in section 903A.2, a
17 person serving a sentence for conviction under
18 6. Vehicular homicide in violation of section
19 707.6A, subsection 1 or 2, shall serve one hundred
20 percent of the maximum term of the person's sentence
21 and shall not be released on parole or work release if
22 the person was also convicted under section 321.261,
23 subsection 3, based on the same facts or event that
24 resulted in the conviction under section 707.6A,
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League of Women Voters of Iowa
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