Senate File 2295 H-8348 Amend the amendment, H-8271, to Senate File 2295, as 1 passed by the Senate, as follows: 2 1. Page 1, lines 24 and 25, by striking < an 3 employer or institution based upon vicarious liability > 4 and inserting < any party other than the individual 5 accused of perpetrating the sexual abuse > 6 2. Page 2, after line 6 by inserting: 7 < Sec. ___. Section 907.3, subsection 3, unnumbered 8 paragraph 1, Code Supplement 2011, is amended to read 9 as follows: 10 By record entry at the time of or after sentencing, 11 the court may suspend the sentence and place the 12 defendant on probation upon such terms and conditions 13 as it may require including commitment to an alternate 14 jail facility or a community correctional residential 15 treatment facility to be followed by a period of 16 probation as specified in section 907.7 , or commitment 17 of the defendant to the judicial district department 18 of correctional services for supervision or services 19 under section 901B.1 at the level of sanctions which 20 the district department determines to be appropriate 21 and the payment of fees imposed under section 905.14 . 22 A person so committed who has probation revoked shall 23 not be given credit for such time served. However, the 24 a person committed to an alternate jail facility or a 25 community correctional residential treatment facility 26 who has probation revoked shall be given credit for 27 time served in the facility. The court shall not 28 suspend any of the following sentences: 29 Sec. ___. APPLICABILITY AND WAIVER OF RIGHTS. A 30 person who commits an offense prior to the effective 31 date of this Act may expressly state to the court, at 32 the time of sentencing, that the person waives any 33 rights under Anderson v. State, 801 N.W.2d 1, relating 34 to the calculation of credit for time served, and agree 35 to be sentenced using credits as calculated under 36 section 907.3 as amended by this Act. If the court 37 finds the waiver voluntary, the sentencing order shall 38 reference the person’s waiver of rights under Anderson, 39 and order that credit for time served be calculated 40 under section 907.3, as amended by this Act. 41 Sec. ___. EFFECTIVE UPON ENACTMENT. The following 42 provision or provisions of this Act, being deemed of 43 immediate importance, take effect upon enactment: 44 1. The section of this Act amending section 907.3. 45 2. The section of this Act relating to the waiver 46 of rights under Anderson v. State. > 47 3. Page 2, by striking lines 7 through 15 and 48 inserting: 49 < ___. Title page, by striking lines 1 and 2 and 50 -1- H8271.5403 (2) 84 jm/rj 1/ 2 #1. #2. #3.