House
Amendment
to
Senate
File
445
S-3347
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
or
34
work
release,
based
upon
all
the
pertinent
information
as
35
-1-
SF445.2506.H
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87
md
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-
SF445.2506.H
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87
md
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
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SF445.2506.H
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87
md
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
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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
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SF445.2506.H
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87
md
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
DIVISION
___
10
LOCAL
ENFORCEMENT
OF
RESTRICTIONS
11
Sec.
___.
REPEAL.
Section
152C.6,
Code
2017,
is
repealed.
12
3.
Title
page,
by
striking
lines
1
through
4
and
inserting
13
<
An
Act
relating
to
law
enforcement
including
the
establishment
14
of
a
law
enforcement
officer
privilege,
criminal
sentencing,
15
and
local
enforcement
of
certain
restrictions,
and
modifying
16
certain
criminal
penalties.
>
17
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6