House File 244 



                                       HOUSE FILE       
                                       BY  WESSEL=KROESCHELL


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

                                      A BILL FOR

  1 An Act relating to criminal sentencing by repealing certain
  2    penalties for controlled substances offenses and requiring
  3    judicial officer training.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1889HH 82
  6 jm/es/88

PAG LIN



  1  1    Section 1.  Section 124.401E, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  If a court sentences a person for the person's second
  1  4 or subsequent conviction for delivery or possession with
  1  5 intent to deliver a controlled substance under section
  1  6 124.401, subsection 1, and the controlled substance is
  1  7 amphetamine, its salts, isomers, or salts of its isomers, or
  1  8 methamphetamine, its salts, isomers, or salts of its isomers,
  1  9 the court, in addition to any other authorized penalties,
  1 10 shall sentence the person to imprisonment in accordance with
  1 11 section 124.401, subsection 1, and the person shall serve the
  1 12 minimum period of confinement as required by section 124.413.
  1 13    Sec. 2.  Section 124.406, subsection 1, paragraph a, Code
  1 14 2007, is amended to read as follows:
  1 15    a.  Unlawfully distributes or possesses with intent to
  1 16 distribute a substance listed in schedule I or II to a person
  1 17 under eighteen years of age commits a class "B" felony and
  1 18 shall serve a minimum term of confinement of five years.
  1 19 However, if the substance was distributed in or on, or within
  1 20 one thousand feet of, the real property comprising a public or
  1 21 private elementary or secondary school, public park, public
  1 22 swimming pool, public recreation center, or on a marked school
  1 23 bus, the person shall serve a minimum term of confinement of
  1 24 ten years.
  1 25    Sec. 3.  Section 124.406, subsection 2, paragraph a, Code
  1 26 2007, is amended to read as follows:
  1 27    a.  Unlawfully distributes or possesses with the intent to
  1 28 distribute a counterfeit substance listed in schedule I or II,
  1 29 or a simulated controlled substance represented to be a
  1 30 substance classified in schedule I or II, to a person under
  1 31 eighteen years of age commits a class "B" felony.  However, if
  1 32 the substance was distributed in or on, or within one thousand
  1 33 feet of, the real property comprising a public or private
  1 34 elementary or secondary school, public park, public swimming
  1 35 pool, public recreation center, or on a marked school bus, the
  2  1 person shall serve a minimum term of confinement of ten years.
  2  2    Sec. 4.  Section 232.45, subsection 14, unnumbered
  2  3 paragraph 1, Code 2007, is amended to read as follows:
  2  4    If a child who is alleged to have delivered, manufactured,
  2  5 or possessed with intent to deliver or manufacture, a
  2  6 controlled substance except marijuana, as defined in chapter
  2  7 124, is waived to district court for prosecution, the
  2  8 mandatory minimum sentence provided in section 124.413 shall
  2  9 not be imposed if a conviction is had; however, each child
  2 10 convicted of such an offense shall be confined for not less
  2 11 than thirty days in a secure facility if convicted.
  2 12    Sec. 5.  Section 602.1203, Code 2007, is amended to read as
  2 13 follows:
  2 14    602.1203  PERSONNEL CONFERENCES == TRAINING.
  2 15    1.  The chief justice may order conferences of judicial
  2 16 officers or court employees on matters relating to the
  2 17 administration of justice or the affairs of the judicial
  2 18 branch.
  2 19    2.  For judges and other court employees who handle cases
  2 20 involving children and family law, the chief justice shall
  2 21 require regular training concerning mental or emotional
  2 22 disorders which may afflict children and the impact children
  2 23 with such disorders have upon their families.
  2 24    3.  The chief justice shall also require regular training
  2 25 for judges concerning criminal justice issues and sentencing
  2 26 options for defendants.
  2 27    Sec. 6.  Section 901.5, subsection 10, paragraph a, Code
  2 28 2007, is amended to read as follows:
  2 29    a.  A controlled substance offense under section 124.401,
  2 30 124.401A, 124.402, or 124.403.
  2 31    Sec. 7.  Section 901.10, subsection 1, Code 2007, is
  2 32 amended to read as follows:
  2 33    1.  A court sentencing a person for the person's first
  2 34 conviction under section 124.406, 124.413, or 902.7 may, at
  2 35 its discretion, sentence the person to a term less than
  3  1 provided by the statute if mitigating circumstances exist and
  3  2 those circumstances are stated specifically in the record.
  3  3    Sec. 8.  Section 901.10, subsection 2, Code 2007, is
  3  4 amended by striking the subsection.
  3  5    Sec. 9.  Section 903A.5, subsection 1, Code 2007, is
  3  6 amended to read as follows:
  3  7    1.  An inmate shall not be discharged from the custody of
  3  8 the director of the Iowa department of corrections until the
  3  9 inmate has served the full term for which the inmate was
  3 10 sentenced, less earned time and other credits earned and not
  3 11 forfeited, unless the inmate is pardoned or otherwise legally
  3 12 released.  Earned time accrued and not forfeited shall apply
  3 13 to reduce a mandatory minimum sentence being served pursuant
  3 14 to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
  3 15 An inmate shall be deemed to be serving the sentence from the
  3 16 day on which the inmate is received into the institution.  If
  3 17 an inmate was confined to a county jail or other correctional
  3 18 or mental facility at any time prior to sentencing, or after
  3 19 sentencing but prior to the case having been decided on
  3 20 appeal, because of failure to furnish bail or because of being
  3 21 charged with a nonbailable offense, the inmate shall be given
  3 22 credit for the days already served upon the term of the
  3 23 sentence.  However, if a person commits any offense while
  3 24 confined in a county jail or other correctional or mental
  3 25 health facility, the person shall not be granted jail credit
  3 26 for that offense.  Unless the inmate was confined in a
  3 27 correctional facility, the sheriff of the county in which the
  3 28 inmate was confined shall certify to the clerk of the district
  3 29 court from which the inmate was sentenced and to the
  3 30 department of corrections' records administrator at the Iowa
  3 31 medical and classification center the number of days so
  3 32 served.  The department of corrections' records administrator,
  3 33 or the administrator's designee, shall apply jail credit as
  3 34 ordered by the court of proper jurisdiction or as authorized
  3 35 by this section and section 907.3, subsection 3.
  4  1    Sec. 10.  Sections 124.401A, 124.401C, 124.413, and 902.8A,
  4  2 Code 2007, are repealed.
  4  3                           EXPLANATION
  4  4    This bill relates to mandatory minimum penalties for
  4  5 certain controlled substances offenses and judicial officer
  4  6 training.
  4  7    The bill repeals Code section 124.401A, which provides for
  4  8 an additional term of confinement of five years if a person is
  4  9 convicted of a drug=related offense within 1,000 feet of a
  4 10 school, public park, public swimming pool, public recreation
  4 11 center, or marked school bus.
  4 12    The bill repeals Code section 124.401C, which provides for
  4 13 an additional term of confinement of five years if a person
  4 14 manufactures methamphetamines in the presence of a minor.
  4 15    The bill repeals Code section 124.413 requiring a person,
  4 16 if convicted of a controlled substance=related offense under
  4 17 Code section 124.401, subsection 1, to serve a minimum term of
  4 18 confinement equal to one=third of the maximum sentence.
  4 19    The bill repeals Code section 902.8A requiring a person, if
  4 20 convicted of an amphetamine or methamphetamine=related offense
  4 21 under Code section 124.401D, to serve a minimum term of
  4 22 confinement of 10 years.
  4 23    The bill requires regular training for judges concerning
  4 24 criminal justice=related issues and sentencing options for
  4 25 defendants.
  4 26 LSB 1889HH 82
  4 27 jm:nh/es/88