Senate File 445 H-1384 Amend Senate File 445, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 LAW ENFORCEMENT OFFICER PRIVILEGE > 5 2. Page 3, after line 30 by inserting: 6 < DIVISION ___ 7 CRIMINAL SENTENCING > 8 Sec. ___. Section 124.401, subsection 1, paragraph a, 9 subparagraph (3), Code 2017, is amended to read as follows: 10 (3) More than fifty two hundred grams of a mixture or 11 substance described in subparagraph (2) which contains cocaine 12 base. 13 Sec. ___. Section 124.401, subsection 1, paragraph b, 14 subparagraph (3), Code 2017, is amended to read as follows: 15 (3) More than ten forty grams but not more than fifty 16 two hundred grams of a mixture or substance described in 17 subparagraph (2) which contains cocaine base. 18 Sec. ___. Section 124.401, subsection 1, paragraph c, 19 subparagraph (3), Code 2017, is amended to read as follows: 20 (3) Ten Forty grams or less of a mixture or substance 21 described in subparagraph (2) which contains cocaine base. 22 Sec. ___. Section 124.413, subsection 1, Code 2017, is 23 amended to read as follows: 24 1. Except as provided in subsection 3 and sections 901.11 25 and 901.12 , a person sentenced pursuant to section 124.401, 26 subsection 1 , paragraph “a” , “b” , “c” , “e” , or “f” , shall not 27 be eligible for parole or work release until the person has 28 served a minimum period term of confinement of one-third of the 29 maximum indeterminate sentence prescribed by law. 30 Sec. ___. Section 124.413, subsection 3, Code 2017, is 31 amended to read as follows: 32 3. A person serving a sentence pursuant to section 124.401, 33 subsection 1 , paragraph “b” or “c” , shall be denied parole 34 or work release, based upon all the pertinent information as 35 -1- SF445.2391 (2) 87 jm/rh 1/ 6 #1. #2.

determined by the court under section 901.11, subsection 1 , 1 until the person has served between one-half of the minimum 2 term of confinement prescribed in subsection 1 and the maximum 3 indeterminate sentence prescribed by law. 4 Sec. ___. Section 707.11, Code 2017, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 5. a. As used in this subsection, “peace 7 officer” means the same as defined in section 801.4. 8 b. For purposes of determining the category of sentence 9 under section 903A.2, the fact finder shall determine whether 10 the attempt to commit murder was against a peace officer, with 11 the knowledge that the person against whom the attempt to 12 commit murder was committed was a peace officer acting in the 13 officer’s official capacity. 14 c. If the fact finder determines the attempt to commit 15 murder was against a peace officer as described in paragraph 16 “b” , the person shall serve one hundred percent of the term of 17 confinement imposed and shall be denied parole, work release, 18 or other early release. 19 Sec. ___. Section 901.11, subsection 1, Code 2017, is 20 amended to read as follows: 21 1. At the time of sentencing, the court shall determine 22 when a person convicted under section 124.401, subsection 1 , 23 paragraph “b” or “c” , shall first become eligible for parole 24 or work release within the parameters described in section 25 124.413, subsection 3 , based upon all the pertinent information 26 including the person’s criminal record, a validated risk 27 assessment, and the negative impact the offense has had on the 28 victim or other persons. 29 Sec. ___. Section 901.12, subsection 1, Code 2017, is 30 amended to read as follows: 31 1. Effective July 1, 2016, and notwithstanding section 32 124.413 , a person whose sentence commenced prior to July 1, 33 2016, for a conviction under section 124.401, subsection 1 , 34 paragraph “b” or “c” , who has not previously been convicted of 35 -2- SF445.2391 (2) 87 jm/rh 2/ 6

a forcible felony, and who does not have a prior conviction 1 under section 124.401, subsection 1 , paragraph “a” , “b” , or “c” , 2 shall first be eligible for parole or work release after the 3 person has served one-half of the minimum term of confinement 4 prescribed in section 124.413 . 5 Sec. ___. Section 901.12, Code 2017, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 1A. Effective July 1, 2017, a person whose 8 sentence commenced prior to July 1, 2017, for a conviction 9 under section 124.401, subsection 1, paragraph “c” , shall not be 10 required to serve a minimum term of confinement as prescribed 11 in section 124.413. 12 Sec. ___. Section 902.4, Code 2017, is amended to read as 13 follows: 14 902.4 Reconsideration of felon’s sentence. 15 For a period of one year from the date when a person 16 convicted of a felony, other than a class “A” or class “B” 17 felony or a felony for which a minimum sentence of confinement 18 is imposed , begins to serve a sentence of confinement, the 19 court, on its own motion or on the recommendation of the 20 director of the Iowa department of corrections, may order the 21 person to be returned to the court, at which time the court may 22 review its previous action and reaffirm it or substitute for it 23 any sentence permitted by law. Copies of the order to return 24 the person to the court shall be provided to the attorney 25 for the state, the defendant’s attorney, and the defendant. 26 Upon a request of the attorney for the state, the defendant’s 27 attorney, or the defendant if the defendant has no attorney, 28 the court may, but is not required to, conduct a hearing on 29 the issue of reconsideration of sentence. The court shall 30 not disclose its decision to reconsider or not to reconsider 31 the sentence of confinement until the date reconsideration is 32 ordered or the date the one-year period expires, whichever 33 occurs first. The district court retains jurisdiction for the 34 limited purposes of conducting such review and entering an 35 -3- SF445.2391 (2) 87 jm/rh 3/ 6

appropriate order notwithstanding the timely filing of a notice 1 of appeal. The court’s final order in the proceeding shall be 2 delivered to the defendant personally or by regular mail. The 3 court’s decision to take the action or not to take the action 4 is not subject to appeal. However, for the purposes of appeal, 5 a judgment of conviction of a felony is a final judgment when 6 pronounced. 7 Sec. ___. Section 902.12, subsection 1, paragraph b, Code 8 2017, is amended to read as follows: 9 b. Attempted murder in violation of section 707.11 , except 10 as provided in section 707.11, subsection 5 . 11 Sec. ___. Section 903A.2, subsection 1, unnumbered 12 paragraph 1, Code 2017, is amended to read as follows: 13 Each inmate committed to the custody of the director of the 14 department of corrections is eligible to earn a reduction of 15 sentence in the manner provided in this section . For purposes 16 of calculating the amount of time by which an inmate’s sentence 17 may be reduced, inmates shall be grouped into the following two 18 three sentencing categories: 19 Sec. ___. Section 903A.2, subsection 1, paragraph a, 20 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 21 to read as follows: 22 Category “A” sentences are those sentences which are not 23 subject to a maximum accumulation of earned time of fifteen 24 percent of the total sentence of confinement under section 25 902.12 and are not category “C” sentences . To the extent 26 provided in subsection 5 , category “A” sentences also include 27 life sentences imposed under section 902.1 . An inmate of an 28 institution under the control of the department of corrections 29 who is serving a category “A” sentence is eligible for a 30 reduction of sentence equal to one and two-tenths days for each 31 day the inmate demonstrates good conduct and satisfactorily 32 participates in any program or placement status identified by 33 the director to earn the reduction. The programs include but 34 are not limited to the following: 35 -4- SF445.2391 (2) 87 jm/rh 4/ 6

Sec. ___. Section 903A.2, subsection 1, paragraph b, Code 1 2017, is amended to read as follows: 2 b. Category “B” sentences are those sentences which are 3 subject to a maximum accumulation of earned time of fifteen 4 percent of the total sentence of confinement under section 5 902.12 and are not category “C” sentences . An inmate of an 6 institution under the control of the department of corrections 7 who is serving a category “B” sentence is eligible for a 8 reduction of sentence equal to fifteen eighty-fifths of a day 9 for each day of good conduct by the inmate. 10 Sec. ___. Section 903A.2, subsection 1, Code 2017, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . c. Category “C” sentences are those 13 sentences for attempted murder described in section 707.11, 14 subsection 5. Notwithstanding paragraphs “a” or “b” , an inmate 15 serving a category “C” sentence is ineligible for a reduction 16 of sentence under this section. 17 Sec. ___. Section 903A.7, Code 2017, is amended to read as 18 follows: 19 903A.7 Separate sentences. 20 1. Consecutive multiple sentences that are within the 21 same category under section 903A.2 shall be construed as one 22 continuous sentence for purposes of calculating reductions of 23 sentence for earned time. 24 2. If a person is sentenced to serve both category “A” 25 and category “B” sentences of both categories , category 26 “B” sentences shall be served before category “A” sentences 27 are served, and earned time accrued against the category 28 “B” sentences shall not be used to reduce the category “A” 29 sentences. If an inmate serving a category “A” sentence is 30 sentenced to serve a category “B” sentence, the category “A” 31 sentence shall be interrupted, and no further earned time shall 32 accrue against that sentence until the category “B” sentence 33 is completed. 34 3. If a person is sentenced to serve both a category “C” 35 -5- SF445.2391 (2) 87 jm/rh 5/ 6

sentence and another category sentence, the category “C” 1 sentence shall be served before the other category sentence 2 is served, and no earned time shall accrue until the category 3 “C” sentence has been served. If an inmate serving a category 4 sentence other than a category “C” sentence is sentenced to 5 serve a category “C” sentence, the sentence of the other 6 category sentence shall be interrupted, and no further earned 7 time shall accrue against that sentence until the category “C” 8 sentence is completed. > 9 3. Title page, by striking lines 1 through 4 and inserting 10 < An Act relating to law enforcement including the establishment 11 of a law enforcement officer privilege and criminal sentencing, 12 and modifying certain criminal penalties. > 13 ______________________________ NUNN of Polk -6- SF445.2391 (2) 87 jm/rh 6/ 6 #3.