H-1384

   Amend Senate File 445, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 1, before line 1 by inserting: 
<DIVISION I
LAW ENFORCEMENT OFFICER PRIVILEGE>
   2.  Page 3, after line 30 by inserting: 
<DIVISION ___
CRIMINAL SENTENCING>

   Sec. ___.  Section 124.401, subsection 1, paragraph a, subparagraph (3), Code 2017, is amended to read as follows:
   (3)  More than fifty two hundred grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
   Sec. ___.  Section 124.401, subsection 1, paragraph b, subparagraph (3), Code 2017, is amended to read as follows:
   (3)  More than ten forty grams but not more than fifty two hundred grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
   Sec. ___.  Section 124.401, subsection 1, paragraph c, subparagraph (3), Code 2017, is amended to read as follows:
   (3)  Ten Forty grams or less of a mixture or substance described in subparagraph (2) which contains cocaine base.
   Sec. ___.  Section 124.413, subsection 1, Code 2017, is amended to read as follows:
   1.  Except as provided in subsection 3 and sections 901.11 and 901.12, a person sentenced pursuant to section 124.401, subsection 1, paragraph “a”, “b”, “c”, “e”, or “f”, shall not be eligible for parole or work release until the person has served a minimum period term of confinement of one-third of the maximum indeterminate sentence prescribed by law.
   Sec. ___.  Section 124.413, subsection 3, Code 2017, is amended to read as follows:
   3.  A person serving a sentence pursuant to section 124.401, subsection 1, paragraph “b” or “c”, shall be denied parole or work release, based upon all the pertinent information as determined by the court under section 901.11, subsection 1, until the person has served between one-half of the minimum term of confinement prescribed in subsection 1 and the maximum indeterminate sentence prescribed by law.
   Sec. ___.  Section 707.11, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  As used in this subsection, “peace officer” means the same as defined in section 801.4.
   b.  For purposes of determining the category of sentence under section 903A.2, the fact finder shall determine whether the attempt to commit murder was against a peace officer, with the knowledge that the person against whom the attempt to commit murder was committed was a peace officer acting in the officer’s official capacity. 
   c.  If the fact finder determines the attempt to commit murder was against a peace officer as described in paragraph “b”, the person shall serve one hundred percent of the term of confinement imposed and shall be denied parole, work release, or other early release.
   Sec. ___.  Section 901.11, subsection 1, Code 2017, is amended to read as follows:
   1.  At the time of sentencing, the court shall determine when a person convicted under section 124.401, subsection 1, paragraph “b” or “c”, shall first become eligible for parole or work release within the parameters described in section 124.413, subsection 3, based upon all the pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
   Sec. ___.  Section 901.12, subsection 1, Code 2017, is amended to read as follows:
   1.  Effective July 1, 2016, and notwithstanding section 124.413, a person whose sentence commenced prior to July 1, 2016, for a conviction under section 124.401, subsection 1, paragraph “b” or “c”, who has not previously been convicted of a forcible felony, and who does not have a prior conviction under section 124.401, subsection 1, paragraph “a”, “b”, or “c”, shall first be eligible for parole or work release after the person has served one-half of the minimum term of confinement prescribed in section 124.413.
   Sec. ___.  Section 901.12, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Effective July 1, 2017, a person whose sentence commenced prior to July 1, 2017, for a conviction under section 124.401, subsection 1, paragraph “c”, shall not be required to serve a minimum term of confinement as prescribed in section 124.413.
   Sec. ___.  Section 902.4, Code 2017, is amended to read as follows:
   902.4  Reconsideration of felon’s sentence.
   For a period of one year from the date when a person convicted of a felony, other than a class “A” or class “B” felony or a felony for which a minimum sentence of confinement is imposed, begins to serve a sentence of confinement, the court, on its own motion or on the recommendation of the director of the Iowa department of corrections, may order the person to be returned to the court, at which time the court may review its previous action and reaffirm it or substitute for it any sentence permitted by law. Copies of the order to return the person to the court shall be provided to the attorney for the state, the defendant’s attorney, and the defendant. Upon a request of the attorney for the state, the defendant’s attorney, or the defendant if the defendant has no attorney, the court may, but is not required to, conduct a hearing on the issue of reconsideration of sentence. The court shall not disclose its decision to reconsider or not to reconsider the sentence of confinement until the date reconsideration is ordered or the date the one-year period expires, whichever occurs first. The district court retains jurisdiction for the limited purposes of conducting such review and entering an appropriate order notwithstanding the timely filing of a notice of appeal. The court’s final order in the proceeding shall be delivered to the defendant personally or by regular mail. The court’s decision to take the action or not to take the action is not subject to appeal. However, for the purposes of appeal, a judgment of conviction of a felony is a final judgment when pronounced.
   Sec. ___.  Section 902.12, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  Attempted murder in violation of section 707.11, except as provided in section 707.11, subsection 5.
   Sec. ___.  Section 903A.2, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Each inmate committed to the custody of the director of the department of corrections is eligible to earn a reduction of sentence in the manner provided in this section. For purposes of calculating the amount of time by which an inmate’s sentence may be reduced, inmates shall be grouped into the following two three sentencing categories:
   Sec. ___.  Section 903A.2, subsection 1, paragraph a, subparagraph (1), unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Category “A” sentences are those sentences which are not subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 and are not category “C” sentences. To the extent provided in subsection 5, category “A” sentences also include life sentences imposed under section 902.1. An inmate of an institution under the control of the department of corrections who is serving a category “A” sentence is eligible for a reduction of sentence equal to one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement status identified by the director to earn the reduction. The programs include but are not limited to the following:
   Sec. ___.  Section 903A.2, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  Category “B” sentences are those sentences which are subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 and are not category “C” sentences. An inmate of an institution under the control of the department of corrections who is serving a category “B” sentence is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
   Sec. ___.  Section 903A.2, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Category “C” sentences are those sentences for attempted murder described in section 707.11, subsection 5. Notwithstanding paragraphs “a” or “b”, an inmate serving a category “C” sentence is ineligible for a reduction of sentence under this section. 
   Sec. ___.  Section 903A.7, Code 2017, is amended to read as follows:
   903A.7  Separate sentences.
   1.  Consecutive multiple sentences that are within the same category under section 903A.2 shall be construed as one continuous sentence for purposes of calculating reductions of sentence for earned time.
   2.  If a person is sentenced to serve both category “A” and category “B” sentences of both categories, category “B” sentences shall be served before category “A” sentences are served, and earned time accrued against the category “B” sentences shall not be used to reduce the category “A” sentences. If an inmate serving a category “A” sentence is sentenced to serve a category “B” sentence, the category “A” sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “B” sentence is completed.
   3.  If a person is sentenced to serve both a category “C” sentence and another category sentence, the category “C” sentence shall be served before the other category sentence is served, and no earned time shall accrue until the category “C” sentence has been served. If an inmate serving a category sentence other than a category “C” sentence is sentenced to serve a category “C” sentence, the sentence of the other category sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “C” sentence is completed.>
   3.  Title page, by striking lines 1 through 4 and inserting <An Act relating to law enforcement including the establishment of a law enforcement officer privilege and criminal sentencing, and modifying certain criminal penalties.>

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NUNN of Polk