House Amendment 1270


PAG LIN




     1  1    Amend the amendment, H=1215, to House File 598 as
     1  2 follows:
     1  3 #1.  By striking page 2, line 42, through page 3,
     1  4 line 25, and inserting the following:
     1  5    <Sec.    .  NEW SECTION.  901.5B  REOPENING OF
     1  6 SENTENCE FOR PERSONS SERVING SENTENCE SUBJECT TO
     1  7 MAXIMUM ACCUMULATION OF EARNED TIME OF FIFTEEN
     1  8 PERCENT.
     1  9    1.  A defendant serving a sentence under section
     1 10 902.12 prior to the effective date of this Act, who is
     1 11 sentenced by the court to the custody of the director
     1 12 of the department of corrections, may have the
     1 13 judgment and sentence reopened for resentencing if all
     1 14 of the following apply:
     1 15    a.  The county attorney from the county which
     1 16 prosecuted the defendant files a motion in the
     1 17 sentencing court to reopen the sentence of the
     1 18 defendant.  The victim, if possible, shall be served a
     1 19 copy of the motion by certified mail.  The motion
     1 20 shall specify that the county attorney, if possible,
     1 21 has informed the victim about the filing of the
     1 22 motion, and that the victim has thirty days from the
     1 23 date of the filing of the motion to file a written
     1 24 objection with the court.
     1 25    b.  No written objection is filed, thereby
     1 26 requiring the court to grant the motion, or if a
     1 27 written objection is filed, and upon hearing the court
     1 28 grants the motion.
     1 29    2.  Upon the court granting the motion to reopen
     1 30 the sentence, the court shall order that the defendant
     1 31 be eligible for consideration of parole or work
     1 32 release in the same manner as a defendant serving a
     1 33 sentence under section 902.12.
     1 34    3.  For purposes of calculating earned time under
     1 35 section 903A.2, the sentencing date for a defendant
     1 36 whose sentence has been reopened under this section
     1 37 shall be the date of the original sentencing order.
     1 38    4.  The filing of a motion or reopening of a
     1 39 sentence under this section shall not constitute
     1 40 grounds to stay any other court proceedings, or to
     1 41 toll or restart the time for filing of any posttrial
     1 42 motion or any appeal.>
     1 43 #2.  Page 3, by inserting after line 25 the
     1 44 following:
     1 45    <Sec.    .  Section 902.11, unnumbered paragraph 1,
     1 46 Code 2003, is amended to read as follows:
     1 47    A person serving a sentence for conviction of a
     1 48 felony, other than a forcible felony under section
     1 49 902.12, who has a criminal record of one or more prior
     1 50 convictions for a forcible felony or a crime of a
     2  1 similar gravity in this or any other state, shall be
     2  2 denied parole or work release unless the person has
     2  3 served at least one=half of the maximum term of the
     2  4 defendant's sentence.  However, the mandatory sentence
     2  5 provided for by this section does not apply if either
     2  6 of the following apply:
     2  7    Sec.    .  Section 902.12, unnumbered paragraph 1,
     2  8 Code 2003, is amended to read as follows:
     2  9    Except as otherwise provided in section 903A.2, a A
     2 10 person serving a sentence for conviction of the
     2 11 following forcible felonies shall serve one hundred
     2 12 percent of the maximum term of the person's sentence
     2 13 and shall not be released on be denied parole or work
     2 14 release unless the person has served at least one=half
     2 15 of the maximum term of the person's sentence:
     2 16    Sec.    .  Section 902.12, subsection 5, unnumbered
     2 17 paragraph 2, Code 2003, is amended to read as follows:
     2 18    Except as otherwise provided in section 903A.2, a
     2 19 person serving a sentence for conviction under
     2 20    6.  Vehicular homicide in violation of section
     2 21 707.6A, subsection 1 or 2, shall serve one hundred
     2 22 percent of the maximum term of the person's sentence
     2 23 and shall not be released on parole or work release if
     2 24 the person was also convicted under section 321.261,
     2 25 subsection 3, based on the same facts or event that
     2 26 resulted in the conviction under section 707.6A,
     2 27 subsection 1 or 2.>
     2 28 #3.  Page 4, line 11, by inserting after the word
     2 29 <of> the following:  <and relating to>.
     2 30 #4.  By renumbering as necessary.
     2 31
     2 32
     2 33                               
     2 34 SWAIM of Davis
     2 35 HF 598.304 80
     2 36 jm/cf

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