Senate File 2275

                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 3154)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to criminal sentencing practice and procedure.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6687SV 80
  4 jm/pj/5

PAG LIN

  1  1    Section 1.  Section 901.5B, subsection 1, Code Supplement
  1  2 2003, is amended to read as follows:
  1  3    1.  A defendant serving a sentence under section 902.12
  1  4 prior to July 1, 2003, who is sentenced by the court to the
  1  5 custody of the director of the department of corrections, may
  1  6 have the judgment and sentence reopened for resentencing if
  1  7 all of the following apply paragraph "a" or "b" applies:
  1  8    a.  The county attorney from the county which prosecuted
  1  9 the defendant files a motion in the sentencing court to reopen
  1 10 the sentence of the defendant.  The county attorney shall
  1 11 notify the victim pursuant to section 915.13 of the filing of
  1 12 the motion.  The motion shall specify that the county attorney
  1 13 has informed the victim about the filing of the motion, and
  1 14 that the victim has thirty days from the date of the filing of
  1 15 the motion to file a written objection with the court.  If no
  1 16 written objection is filed, or if a written objection is filed
  1 17 and upon hearing, the court may grant the motion.
  1 18    b.  The board of parole and the department of corrections
  1 19 file a joint motion in the sentencing court to reopen the
  1 20 sentence of the defendant.  The county attorney from the
  1 21 county which prosecuted the defendant is served a copy of the
  1 22 motion by certified mail.  The county attorney has thirty days
  1 23 from the date of service to notify and consult with the victim
  1 24 pursuant to section 915.13, and to file a written objection.
  1 25 No If no written objection is filed, or if a written objection
  1 26 is filed, and upon hearing, the court grants may grant the
  1 27 motion.
  1 28    Sec. 2.  CRIMINAL CODE REVISIONS == STUDY.  The legislative
  1 29 council is requested to establish an interim study committee
  1 30 to review and propose revisions to the criminal code.  In
  1 31 establishing the committee, the legislative council is
  1 32 requested to consider proposals for the study by the Iowa
  1 33 state bar association and other appropriate agencies or
  1 34 organizations.  Proposals submitted to the legislative council
  1 35 may address committee membership, member voting, committee
  2  1 rules, the process to be used for reviewing and revising the
  2  2 criminal code and other pertinent matters.
  2  3                           EXPLANATION
  2  4    This bill relates to criminal practice and procedure.
  2  5    Under the bill, a person who was sentenced to an 85 percent
  2  6 sentence prior to July 1, 2003, may have the person's sentence
  2  7 reopened upon a joint motion filed by the board of parole and
  2  8 the department of corrections if the original sentencing court
  2  9 grants the motion.  The county attorney from the county which
  2 10 prosecuted the defendant may, after consulting with the
  2 11 victim, if the victim can be found, file an objection to the
  2 12 motion to reopen.  If the sentence is reopened, the defendant
  2 13 becomes parole=eligible after serving 70 percent of the
  2 14 maximum term of the sentence, as are persons sentenced to an
  2 15 85 percent sentence on or after July 1, 2003.
  2 16    Under current law, only the county attorney may file a
  2 17 motion to reopen an 85 percent sentence.
  2 18    The bill also requests the legislative council to establish
  2 19 an interim study committee to review and propose revisions to
  2 20 the criminal code.  The legislative council is requested to
  2 21 consider proposals for the study from the Iowa state bar
  2 22 association and other appropriate agencies or organizations.
  2 23 LSB 6687SV 80
  2 24 jm/pj/5