Senate Study Bill 1138
SENATE FILE
BY (PROPOSED COMMITTEE ON JUDICIARY
BILL BY CHAIRPERSON REDFERN)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criminal sentencing and procedure by
2 changing the penalties for certain offenses involving a
3 substance containing cocaine base, by creating a criminal
4 offense of robbery in the third degree, modifying residence
5 restrictions for a sex offender, changing the parole and work
6 release eligibility of a person serving a sentence that
7 requires a maximum accumulation of earned time credits of
8 fifteen percent of the total term of confinement and by
9 permitting the reopening of such a sentence, and providing a
10 penalty.
11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
12 TLSB 2707XC 80
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PAG LIN
1 1 Section 1. Section 124.401, subsection 1, paragraph a,
1 2 subparagraph (3), Code 2003, is amended to read as follows:
1 3 (3) More than fifty five hundred grams of a mixture or
1 4 substance described in subparagraph (2) which contains cocaine
1 5 base.
1 6 Sec. 2. Section 124.401, subsection 1, paragraph b,
1 7 subparagraph (3), Code 2003, is amended to read as follows:
1 8 (3) More than five fifty grams but not more than fifty
1 9 five hundred grams of a mixture or substance described in
1 10 subparagraph (2) which contains cocaine base.
1 11 Sec. 3. Section 124.401, subsection 1, paragraph c,
1 12 subparagraph (3), Code 2003, is amended to read as follows:
1 13 (3) Five Fifty grams or less of a mixture or substance
1 14 described in subparagraph (2) which contains cocaine base.
1 15 Sec. 4. Section 692A.2A, subsections 2 and 3, Code 2003,
1 16 are amended to read as follows:
1 17 2. A person shall not reside within two one thousand three
1 18 hundred twenty feet of the real property comprising a public
1 19 or nonpublic elementary or secondary school or a child care
1 20 facility.
1 21 3. A person who resides within two one thousand three
1 22 hundred twenty feet of the real property comprising a public
1 23 or nonpublic elementary or secondary school, or a child care
1 24 facility, commits an aggravated misdemeanor.
1 25 Sec. 5. Section 692A.2A, subsection 4, unnumbered
1 26 paragraph 1, Code 2003, is amended to read as follows:
1 27 A person residing within two one thousand three hundred
1 28 twenty feet of the real property comprising a public or
1 29 nonpublic elementary or secondary school or a child care
1 30 facility does not commit a violation of this section if any of
1 31 the following apply:
1 32 Sec. 6. Section 692A.5, subsection 1, paragraph h, Code
1 33 2003, is amended to read as follows:
1 34 h. Inform the person, if the person's residency is
1 35 restricted under section 692A.2A, that the person shall not
2 1 reside within two one thousand three hundred twenty feet of
2 2 the real property comprising a public or nonpublic elementary
2 3 or secondary school, or a child care facility.
2 4 Sec. 7. Section 711.3, Code 2003, is amended to read as
2 5 follows:
2 6 711.3 ROBBERY IN THE SECOND DEGREE.
2 7 All robbery which is not robbery in the first degree is
2 8 robbery in the second degree, except as provided in section
2 9 711.3A. Robbery in the second degree is a class "C" felony.
2 10 Sec. 8. NEW SECTION. 711.3A ROBBERY IN THE THIRD DEGREE.
2 11 A person commits robbery in the third degree when, while
2 12 perpetrating a robbery, the person commits an assault upon
2 13 another as defined in section 708.2, subsection 5. Robbery in
2 14 the third degree is an aggravated misdemeanor.
2 15 Sec. 9. Section 901.5A, Code 2003, is amended by adding
2 16 the following new subsection:
2 17 NEW SUBSECTION. 1A. A defendant may have a judgment and
2 18 sentence entered under section 901.5 reopened for resentencing
2 19 if all of the following apply:
2 20 a. The sentence of the defendant is subject to a maximum
2 21 accumulation of earned time of fifteen percent of the total
2 22 sentence of confinement under section 902.12.
2 23 b. The board of parole and the department of corrections
2 24 file a joint motion in the sentencing court to reopen the
2 25 sentence of the defendant.
2 26 c. The county attorney from the county which prosecuted
2 27 the defendant is served a copy of the motion to reopen by
2 28 certified mail. The motion shall specify that the county
2 29 attorney has thirty days from the date of service to consult
2 30 with the victim, if possible, and to file a written objection.
2 31 d. No written objection is filed, thereby requiring the
2 32 court to grant the motion, or if a written objection is filed,
2 33 and upon hearing the court grants the motion.
2 34 Sec. 10. Section 901.5A, subsections 2 and 3, Code 2003,
2 35 are amended to read as follows:
3 1 2. Upon a finding by the court that the defendant
3 2 cooperated in the prosecution of other persons or upon the
3 3 court granting a joint motion to reopen the sentence filed by
3 4 the board of parole and the department of corrections, the
3 5 court may reduce the maximum sentence imposed under the
3 6 original sentencing order.
3 7 3. For purposes of calculating earned time under section
3 8 903A.2, the sentencing date for a defendant whose sentence has
3 9 been reopened under this section subsection 1 shall be the
3 10 date of the original sentencing order. If the original
3 11 sentence was subject to the maximum accumulation of earned
3 12 time of fifteen percent of the total sentence of confinement
3 13 under section 902.12, the maximum accumulation of earned time
3 14 on the new sentence of confinement shall not be fifteen
3 15 percent of the new total sentence of confinement imposed by
3 16 the court upon reopening but shall accumulate as provided in
3 17 section 903A.2, subsection 1, paragraph "a". Any earned time
3 18 accumulated on the original sentence shall be credited to the
3 19 new sentence upon reopening.
3 20 Sec. 11. Section 901.5A, Code 2003, is amended by adding
3 21 the following new subsection:
3 22 NEW SUBSECTION. 3A. Upon reopening, a person serving a
3 23 sentence that was subject to the maximum accumulation of
3 24 earned time of fifteen percent of the total sentence of
3 25 confinement under section 902.12 may be paroled if eligible.
3 26 Sec. 12. Section 902.11, unnumbered paragraph 1, Code
3 27 2003, is amended to read as follows:
3 28 A person serving a sentence for conviction of a felony,
3 29 other than a forcible felony under section 902.12, who has a
3 30 criminal record of one or more prior convictions for a
3 31 forcible felony or a crime of a similar gravity in this or any
3 32 other state, shall be denied parole or work release unless the
3 33 person has served at least one=half of the maximum term of the
3 34 defendant's sentence. However, the mandatory sentence
3 35 provided for by this section does not apply if either of the
4 1 following apply:
4 2 Sec. 13. Section 902.12, unnumbered paragraph 1, Code
4 3 2003, is amended to read as follows:
4 4 Except as otherwise provided in section 903A.2, a A person
4 5 serving a sentence for conviction of the following forcible
4 6 felonies shall serve one hundred percent of the maximum term
4 7 of the person's sentence and shall not be released on be
4 8 denied parole or work release unless the person has served at
4 9 least one=half of the maximum term of the person's sentence:
4 10 Sec. 14. Section 902.12, subsection 5, unnumbered
4 11 paragraph 2, Code 2003, is amended to read as follows:
4 12 Except as otherwise provided in section 903A.2, a person
4 13 serving a sentence for conviction under
4 14 6. Vehicular homicide in violation of section 707.6A,
4 15 subsection 1 or 2, shall serve one hundred percent of the
4 16 maximum term of the person's sentence and shall not be
4 17 released on parole or work release if the person was also
4 18 convicted under section 321.261, subsection 3, based on the
4 19 same facts or event that resulted in the conviction under
4 20 section 707.6A, subsection 1 or 2.
4 21 Sec. 15. Section 906.15, unnumbered paragraph 1, Code
4 22 2003, is amended to read as follows:
4 23 Unless sooner discharged, a person released on parole shall
4 24 be discharged when the person's term of parole equals the
4 25 period of imprisonment specified in the person's sentence,
4 26 less all time served in confinement. Discharge from parole
4 27 may be granted prior to such time, when an early discharge is
4 28 appropriate. However, a person released on parole who is
4 29 serving a sentence under section 902.12 shall serve a minimum
4 30 term of parole of three years unless the person's term of
4 31 parole equals the period of imprisonment specified in the
4 32 person's sentence less all time served in confinement. The
4 33 board shall periodically review all paroles, and when the
4 34 board determines that any person on parole is able and willing
4 35 to fulfill the obligations of a law=abiding citizen without
5 1 further supervision, the board shall discharge the person from
5 2 parole. A parole officer shall periodically review all
5 3 paroles assigned to the parole officer, and when the parole
5 4 officer determines that any person assigned to the officer is
5 5 able and willing to fulfill the obligations of a law=abiding
5 6 citizen without further supervision, the officer may discharge
5 7 the person from parole after notification and approval of the
5 8 district director and notification of the board of parole. In
5 9 any event, discharge from parole shall terminate the person's
5 10 sentence. However, a person convicted of a violation of
5 11 section 709.3, 709.4 or 709.8 committed on or with a child
5 12 shall not be discharged from parole until the person's term of
5 13 parole equals the period of imprisonment specified in the
5 14 person's sentence, less all time served in confinement.
5 15 EXPLANATION
5 16 This bill relates to criminal sentencing and procedure by
5 17 changing the penalties for certain offenses involving a
5 18 substance containing cocaine base, by creating a criminal
5 19 offense of robbery in the third degree, modifying residency
5 20 restrictions for a sex offender, changing the parole and work
5 21 release eligibility of a person serving a sentence that
5 22 requires a maximum accumulation of earned time credits of 15
5 23 percent of the total term of confinement, and by permitting
5 24 the reopening of such a sentence.
5 25 CONTROLLED SUBSTANCES. The bill relates to the unlawful
5 26 manufacture, delivery, or possession with the intent to
5 27 manufacture or deliver, or conspiring to manufacture, deliver,
5 28 or possess with the intent to manufacture or deliver a cocaine
5 29 substance containing cocaine base, which is commonly referred
5 30 to as "crack cocaine". The bill increases the threshold
5 31 amount of "crack cocaine" that is necessary to obtain certain
5 32 felony drug convictions.
5 33 If a criminal offense under the bill involves more than 500
5 34 grams of a cocaine substance containing cocaine base, the
5 35 person commits a class "B" felony, punishable by confinement
6 1 for no more than 50 years, and a fine of not more than $1
6 2 million. Under current law, if the amount of the cocaine
6 3 substance containing cocaine base is more than 50 grams, a
6 4 person commits a class "B" felony, punishable by confinement
6 5 for no more than 50 years, and a fine of not more than $1
6 6 million. Current law also provides that the same criminal
6 7 penalty for other cocaine=related offenses requires more than
6 8 five kilograms.
6 9 If a criminal offense under the bill involves more than 50
6 10 grams but not more than 500 grams of a cocaine substance
6 11 containing cocaine base, the person commits a class "B"
6 12 felony, punishable by confinement for no more than 25 years,
6 13 and a fine of not less than $5,000 but not more than $100,000.
6 14 Under current law, if the amount of the cocaine substance
6 15 containing cocaine base is more than five grams but not more
6 16 than 50 grams, a person commits a class "B" felony, punishable
6 17 by confinement for no more than 25 years, and a fine of not
6 18 less than $5,000 but not more than $100,000. Current law also
6 19 provides that the same criminal penalty for other cocaine=
6 20 related offenses requires more than 500 grams but not more
6 21 than five kilograms.
6 22 If a criminal offense under the bill involves 50 grams or
6 23 less of a cocaine substance containing cocaine base, a person
6 24 commits a class "C" felony, punishable by confinement for no
6 25 more than 10 years, and a fine of not less than $1,000 but not
6 26 more than $50,000. Under current law, if the amount of the
6 27 cocaine substance containing cocaine base is five grams or
6 28 less, a person commits a class "C" felony, punishable by
6 29 confinement for no more than 10 years, and a fine of not less
6 30 than $1,000 but no more than $50,000. Current law also
6 31 provides that the same criminal penalty for other cocaine=
6 32 related offenses requires 500 grams or less.
6 33 SEX OFFENDER REGISTRY. The bill provides that a person who
6 34 commits an aggravated offense, criminal offense against a
6 35 minor, sexually violent offense, or any other relevant offense
7 1 defined in Code chapter 692A shall not reside within 1,320
7 2 feet (quarter of a mile) of the real property comprising a
7 3 public or nonpublic elementary or secondary school or child
7 4 care facility. Current law provides that such a person shall
7 5 not reside within 2,000 feet of the real property comprising a
7 6 public or nonpublic elementary or secondary school or child
7 7 care facility.
7 8 ROBBERY IN THE THIRD DEGREE. The bill creates the criminal
7 9 offense of robbery in the third degree. The bill provides
7 10 that a person who commits or intends to commit a theft, and
7 11 who commits a simple misdemeanor assault to further the
7 12 commission of the theft, commits robbery in the third degree.
7 13 Under the bill a person who commits robbery in the third
7 14 degree commits an aggravated misdemeanor. Current law
7 15 provides that a person who commits or intends to commit a
7 16 theft and who commits a simple misdemeanor assault to further
7 17 the commission of the theft commits robbery in the second
7 18 degree punishable as a class "C" felony.
7 19 EIGHTY=FIVE PERCENT SENTENCES. The bill makes changes to a
7 20 sentence that requires the maximum accumulation of earned time
7 21 credits of 15 percent of the total sentence of confinement,
7 22 most commonly referred to as an 85 percent sentence.
7 23 The bill provides that a person who is serving an 85
7 24 percent sentence may be eligible for parole or work release
7 25 after serving 50 percent of the maximum term of confinement.
7 26 However, the bill does not change the maximum amount of earned
7 27 time which can be earned by a person serving an 85 percent
7 28 sentence; thus if a person is not released on parole or work
7 29 release, the person shall serve 85 percent of the sentence in
7 30 confinement. If a person is paroled after serving 50 percent
7 31 of the maximum term of confinement, all aspects of the
7 32 person's parole are the same as parole for other offenders,
7 33 except the person's term of parole shall be for at least three
7 34 years, or up to the maximum term of the sentence permitted by
7 35 law.
8 1 The bill also provides for the reopening of a judgment and
8 2 sentence for a person serving a sentence that requires the
8 3 maximum accumulation of earned time credits of 15 percent of
8 4 the total sentence of confinement or most commonly referred to
8 5 as an 85 percent sentence. Under the bill, an 85 percent
8 6 sentence may be reopened upon a joint motion filed by the
8 7 board of parole and the department of corrections if the
8 8 original sentencing court grants the motion. The county
8 9 attorney from the county which prosecuted the defendant may,
8 10 after consulting with the victim, if the victim can be found,
8 11 file an objection to the motion to reopen. If no written
8 12 objection is filed, the court shall grant the motion, or if a
8 13 written objection, the court shall conduct a hearing to
8 14 determine whether the sentence should be reopened. If the
8 15 sentence is reopened, the court may resentence the defendant
8 16 and reduce the maximum sentence imposed in the original
8 17 sentencing order and the new sentence shall no longer be
8 18 subject to the maximum accumulation of earned time of 15
8 19 percent of the total sentence of confinement. If a defendant
8 20 is resentenced to a new maximum sentence, the maximum
8 21 accumulation of earned time shall be calculated in the same
8 22 manner as other offenses in Code chapter 903A, which is one
8 23 and two=tenths days for each day the inmate demonstrates good
8 24 conduct or satisfactorily participates in prison programs.
8 25 Any earned time accumulated on the original sentence shall be
8 26 credited to the new sentence upon reopening. If a sentence is
8 27 reopened, the defendant may be paroled if eligible.
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