H.F. 358 Section 1. Section 707.11, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. a. As used in this subsection, “peace 3 officer” means the same as defined in section 801.4. 4 b. For purposes of determining the category of sentence 5 under section 903A.2, the fact finder shall determine whether 6 the attempt to commit murder was against a peace officer, with 7 the knowledge that the person against whom the attempt to 8 commit murder was committed was a peace officer acting in the 9 officer’s official capacity. 10 c. If the fact finder determines the attempt to commit 11 murder was against a peace officer as described in paragraph 12 “b” , the person shall serve one hundred percent of the term of 13 confinement imposed and shall be denied parole, work release, 14 or other early release. 15 Sec. 2. Section 902.12, subsection 1, paragraph b, Code 16 2017, is amended to read as follows: 17 b. Attempted murder in violation of section 707.11 , except 18 as provided in section 707.11, subsection 5 . 19 Sec. 3. Section 903A.2, subsection 1, unnumbered paragraph 20 1, Code 2017, is amended to read as follows: 21 Each inmate committed to the custody of the director of the 22 department of corrections is eligible to earn a reduction of 23 sentence in the manner provided in this section . For purposes 24 of calculating the amount of time by which an inmate’s sentence 25 may be reduced, inmates shall be grouped into the following two 26 three sentencing categories: 27 Sec. 4. Section 903A.2, subsection 1, paragraph a, 28 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 29 to read as follows: 30 Category “A” sentences are those sentences which are not 31 subject to a maximum accumulation of earned time of fifteen 32 percent of the total sentence of confinement under section 33 902.12 and are not category “C” sentences . To the extent 34 provided in subsection 5 , category “A” sentences also include 35 -1- LSB 2104YH (3) 87 jm/rh/rj 1/ 4

H.F. 358 life sentences imposed under section 902.1 . An inmate of an 1 institution under the control of the department of corrections 2 who is serving a category “A” sentence is eligible for a 3 reduction of sentence equal to one and two-tenths days for each 4 day the inmate demonstrates good conduct and satisfactorily 5 participates in any program or placement status identified by 6 the director to earn the reduction. The programs include but 7 are not limited to the following: 8 Sec. 5. Section 903A.2, subsection 1, paragraph b, Code 9 2017, is amended to read as follows: 10 b. Category “B” sentences are those sentences which are 11 subject to a maximum accumulation of earned time of fifteen 12 percent of the total sentence of confinement under section 13 902.12 and are not category “C” sentences . An inmate of an 14 institution under the control of the department of corrections 15 who is serving a category “B” sentence is eligible for a 16 reduction of sentence equal to fifteen eighty-fifths of a day 17 for each day of good conduct by the inmate. 18 Sec. 6. Section 903A.2, subsection 1, Code 2017, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . c. Category “C” sentences are those 21 sentences for attempted murder described in section 707.11, 22 subsection 5. Notwithstanding paragraphs “a” or “b” , an inmate 23 serving a category “C” sentence is ineligible for a reduction 24 of sentence under this section. 25 Sec. 7. Section 903A.7, Code 2017, is amended to read as 26 follows: 27 903A.7 Separate sentences. 28 1. Consecutive multiple sentences that are within the 29 same category under section 903A.2 shall be construed as one 30 continuous sentence for purposes of calculating reductions of 31 sentence for earned time. 32 2. If a person is sentenced to serve both category “A” 33 and category “B” sentences of both categories , category 34 “B” sentences shall be served before category “A” sentences 35 -2- LSB 2104YH (3) 87 jm/rh/rj 2/ 4

H.F. 358 are served, and earned time accrued against the category 1 “B” sentences shall not be used to reduce the category “A” 2 sentences. If an inmate serving a category “A” sentence is 3 sentenced to serve a category “B” sentence, the category “A” 4 sentence shall be interrupted, and no further earned time shall 5 accrue against that sentence until the category “B” sentence 6 is completed. 7 3. If a person is sentenced to serve both a category “C” 8 sentence and another category sentence, the category “C” 9 sentence shall be served before the other category sentence 10 is served, and no earned time shall accrue until the category 11 “C” sentence has been served. If an inmate serving a category 12 sentence other than a category “C” sentence is sentenced to 13 serve a category “C” sentence, the sentence of the other 14 category sentence shall be interrupted, and no further earned 15 time shall accrue against that sentence until the category “C” 16 sentence is completed. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to attempt to commit murder against a peace 21 officer. 22 The bill defines “peace officer” to mean the same as defined 23 in section 801.4. 24 Under the bill, a person who attempts to commit murder 25 against a peace officer in violation of Code section 707.11, 26 with the knowledge that the person against whom the attempt to 27 commit murder is committed is a peace officer, and while the 28 officer is acting within the officer’s official capacity, shall 29 serve 100 percent of the term of confinement imposed and shall 30 be denied parole, work release, or other early release. 31 A person who commits attempt to commit murder commits a class 32 “B” felony. A class “B” felony is punishable by confinement 33 for no more than 25 years. Currently, except for the attempt 34 to commit murder against a peace officer in the bill, a person 35 -3- LSB 2104YH (3) 87 jm/rh/rj 3/ 4

H.F. 358 who commits attempt to commit murder shall serve 70 percent of 1 the sentence under Code section 902.12. 2 After a person is sent to a correctional institution for 3 an attempt to commit murder against a peace officer, the 4 bill creates a new category “C” sentence which prohibits 5 such a person from accumulating earned time that reduces the 6 sentence of the person. If a person is sentenced to serve 7 both a category “C” sentence and another category sentence, 8 the category “C” sentence shall be served before the other 9 category sentence is served, and no earned time shall accrue 10 until the category “C” sentence has been served. The bill also 11 provides that if an inmate serving a category sentence other 12 than a category “C” sentence is sentenced to serve a category 13 “C” sentence, the sentence of the other category sentence shall 14 be interrupted, and no further earned time shall accrue against 15 that sentence until the category “C” sentence is completed. 16 -4- LSB 2104YH (3) 87 jm/rh/rj 4/ 4