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
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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
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