House File 579 - Introduced HOUSE FILE 579 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 377) A BILL FOR An Act relating to criminal sentencing by modifying criminal 1 penalties for cocaine base and attempted murder, making 2 inapplicable certain provisions relating to mandatory 3 sentences, mandatory minimum sentences, limitations on 4 parole and work release, and limitations on earned time, and 5 modifying the reconsideration of certain felons’ sentences. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1885HV (5) 87 jm/rj

H.F. 579 Section 1. Section 124.401, subsection 1, paragraph a, 1 subparagraph (3), Code 2017, is amended to read as follows: 2 (3) More than fifty one hundred grams of a mixture or 3 substance described in subparagraph (2) which contains cocaine 4 base. 5 Sec. 2. Section 124.401, subsection 1, paragraph b, 6 subparagraph (3), Code 2017, is amended to read as follows: 7 (3) More than ten twenty grams but not more than fifty 8 one hundred grams of a mixture or substance described in 9 subparagraph (2) which contains cocaine base. 10 Sec. 3. Section 124.401, subsection 1, paragraph c, 11 subparagraph (3), Code 2017, is amended to read as follows: 12 (3) Ten Twenty grams or less of a mixture or substance 13 described in subparagraph (2) which contains cocaine base. 14 Sec. 4. Section 124.413, subsection 1, Code 2017, is amended 15 to read as follows: 16 1. Except as provided in subsection 3 and sections 901.11 17 and 901.12 , a person sentenced pursuant to section 124.401, 18 subsection 1 , paragraph “a” , “b” , “c” , “e” , or “f” , shall not 19 be eligible for parole or work release until the person has 20 served a minimum period term of confinement of one-third of the 21 maximum indeterminate sentence prescribed by law. 22 Sec. 5. Section 124.413, subsection 3, Code 2017, is amended 23 to read as follows: 24 3. A person serving a sentence pursuant to section 124.401, 25 subsection 1 , paragraph “b” or “c” , shall be denied parole 26 or work release, based upon all the pertinent information as 27 determined by the court under section 901.11, subsection 1 , 28 until the person has served between one-half of the minimum 29 term of confinement prescribed in subsection 1 and the maximum 30 indeterminate sentence prescribed by law. 31 Sec. 6. Section 707.11, Code 2017, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 5. a. As used in this subsection, “peace 34 officer” means the same as defined in section 801.4. 35 -1- LSB 1885HV (5) 87 jm/rj 1/ 12

H.F. 579 b. For purposes of determining the category of sentence 1 under section 903A.2, the fact finder shall determine whether 2 the attempt to commit murder was against a peace officer, with 3 the knowledge that the person against whom the attempt to 4 commit murder was committed was a peace officer acting in the 5 officer’s official capacity. 6 c. If the fact finder determines the attempt to commit 7 murder was against a peace officer as described in paragraph 8 “b” , the person shall serve one hundred percent of the term of 9 confinement imposed and shall be denied parole, work release, 10 or other early release. 11 Sec. 7. NEW SECTION . 901.5C Standard sentence. 12 1. a. As used in this section, “standard sentence” means 13 a sentencing option whereby the court at sentencing allows a 14 person to be sentenced within the parameters of the misdemeanor 15 or felony offense classification and makes inapplicable other 16 provisions, or any combination of such provisions, that would 17 otherwise have the effect of mandating a term of confinement, 18 lengthening the term of confinement, limiting the accumulation 19 of earned time pursuant to section 903A.2, subsection 1, 20 paragraph “b” , limiting eligibility for parole or work release, 21 or imposing an additional sentence commencing upon completion 22 of the underlying sentence pursuant to chapter 903B. 23 b. (1) If a person is sentenced to a term of confinement 24 under a standard sentence classified as a felony, the term of 25 the person’s sentence shall be as provided in section 902.9 26 applicable to the classification of the offense. 27 (2) If a person is sentenced to a term of confinement under 28 a standard sentence classified as a misdemeanor, the term of 29 the person’s sentence shall be as provided in section 903.1, 30 with the place of confinement as provided in section 903.4. 31 2. The court may impose a standard sentence if the court 32 finds all of the following: 33 a. A compelling reason that imposing a sentence other than 34 a standard sentence would result in a substantial injustice to 35 -2- LSB 1885HV (5) 87 jm/rj 2/ 12

H.F. 579 the defendant. 1 b. A sentence other than a standard sentence is not 2 necessary for the protection of the public. 3 3. A standard sentence shall not be imposed for the 4 following offenses: 5 a. Operating while intoxicated in violation of section 6 321J.2. 7 b. Any class “A” felony offense, except a class “A” felony 8 offense in violation of section 124.401D. 9 c. Murder in the second degree in violation of section 10 707.3. 11 d. Domestic abuse assault in violation of section 708.2A. 12 e. Assault in violation of individual rights in violation of 13 section 708.2C, subsection 2, 3, or 4. 14 f. Assault while participating in a felony, in violation of 15 section 708.3, subsection 1. 16 g. Assaults on persons engaged in certain occupations in 17 violation of section 708.3A. 18 h. Inmate assaults in violation of section 708.3B. 19 i. Willful injury in violation of section 708.4. 20 j. Administering harmful substances in violation of section 21 708.5. 22 k. Intimidation with a dangerous weapon in violation of 23 section 708.6. 24 l. Harassment in violation of section 708.7, subsection 2. 25 m. Going armed with intent in violation of section 708.8. 26 n. Hazing in violation of section 708.10, subsection 3. 27 o. Stalking in violation of section 708.11, subsection 3, 28 paragraph “a” or “b” . 29 p. Removal of an officer’s communication or control device 30 in violation of section 708.12. 31 q. Disarming a peace officer of a dangerous weapon in 32 violation of section 708.13. 33 r. A violation of chapter 708A. 34 s. A violation of section 708B.1. 35 -3- LSB 1885HV (5) 87 jm/rj 3/ 12

H.F. 579 t. A violation of chapter 709, except a violation of 1 section 709.4, subsection 1, paragraph “b” , subparagraph (3), 2 subparagraph division (d). 3 u. Kidnapping in the second degree in violation of section 4 710.3. 5 v. Child stealing in violation of section 710.5. 6 w. Enticing a minor in violation of section 710.10, 7 subsection 1, 2, or 3. 8 x. Purchase or sale of individual in violation of section 9 710.11. 10 y. A violation of chapter 710A. 11 z. Robbery in the first degree in violation of section 12 711.2. 13 aa. Extortion in violation of section 711.4, subsection 1, 14 paragraph “a” . 15 ab. Arson in the first degree in violation of section 712.2. 16 ac. Threats in violation of section 712.8. 17 ad. Burglary in the first degree in violation of section 18 713.3. 19 ae. Attempted burglary in the first degree in violation of 20 section 713.4. 21 af. Prostitution in violation of section 725.1, subsection 22 2, paragraph “b” . 23 ag. Pimping in violation of section 725.2, subsection 2. 24 ah. Pandering in violation of section 725.3, subsection 2. 25 ai. Incest in violation of section 726.2. 26 aj. Child endangerment in violation of section 726.6, 27 subsection 4, 5, or 6. 28 ak. Multiple acts of child endangerment in violation of 29 section 726.6A. 30 al. Wanton neglect of a resident of a health care facility 31 in violation of section 726.7. 32 am. Wanton neglect or nonsupport of a dependent adult in 33 violation of section 726.8. 34 an. A violation of section 728.12. 35 -4- LSB 1885HV (5) 87 jm/rj 4/ 12

H.F. 579 ao. Violation of individual rights in violation of section 1 729A.2. 2 4. If a person commits an offense that requires the person 3 to register as a sex offender under chapter 692A, a standard 4 sentence shall not change the requirement to register or change 5 the duration of registration. However, if the person is no 6 longer required to serve a special sentence under chapter 903B 7 due to the imposition of a standard sentence, the duration of 8 registration shall not be less than the period specified in 9 section 692A.106, subsection 1. 10 Sec. 8. Section 901.11, subsection 1, Code 2017, is amended 11 to read as follows: 12 1. At the time of sentencing, the court shall determine 13 when a person convicted under section 124.401, subsection 1 , 14 paragraph “b” or “c” , shall first become eligible for parole 15 or work release within the parameters described in section 16 124.413, subsection 3 , based upon all the pertinent information 17 including the person’s criminal record, a validated risk 18 assessment, and the negative impact the offense has had on the 19 victim or other persons. 20 Sec. 9. Section 901.12, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. Effective July 1, 2016, and notwithstanding section 23 124.413 , a person whose sentence commenced prior to July 1, 24 2016, for a conviction under section 124.401, subsection 1 , 25 paragraph “b” or “c” , who has not previously been convicted of 26 a forcible felony, and who does not have a prior conviction 27 under section 124.401, subsection 1 , paragraph “a” , “b” , or “c” , 28 shall first be eligible for parole or work release after the 29 person has served one-half of the minimum term of confinement 30 prescribed in section 124.413 . 31 Sec. 10. Section 901.12, Code 2017, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 1A. Effective July 1, 2017, a person whose 34 sentence commenced prior to July 1, 2017, for a conviction 35 -5- LSB 1885HV (5) 87 jm/rj 5/ 12

H.F. 579 under section 124.401, subsection 1, paragraph “c” , shall not be 1 required to serve a minimum term of confinement as prescribed 2 in section 124.413. 3 Sec. 11. Section 902.4, Code 2017, is amended to read as 4 follows: 5 902.4 Reconsideration of felon’s sentence. 6 For a period of one year from the date when a person 7 convicted of a felony, other than a class “A” or class “B” 8 felony or a felony for which a minimum sentence of confinement 9 is imposed , begins to serve a sentence of confinement, the 10 court, on its own motion or on the recommendation of the 11 director of the Iowa department of corrections, may order the 12 person to be returned to the court, at which time the court may 13 review its previous action and reaffirm it or substitute for it 14 any sentence permitted by law. Copies of the order to return 15 the person to the court shall be provided to the attorney 16 for the state, the defendant’s attorney, and the defendant. 17 Upon a request of the attorney for the state, the defendant’s 18 attorney, or the defendant if the defendant has no attorney, 19 the court may, but is not required to, conduct a hearing on 20 the issue of reconsideration of sentence. The court shall 21 not disclose its decision to reconsider or not to reconsider 22 the sentence of confinement until the date reconsideration is 23 ordered or the date the one-year period expires, whichever 24 occurs first. The district court retains jurisdiction for the 25 limited purposes of conducting such review and entering an 26 appropriate order notwithstanding the timely filing of a notice 27 of appeal. The court’s final order in the proceeding shall be 28 delivered to the defendant personally or by regular mail. The 29 court’s decision to take the action or not to take the action 30 is not subject to appeal. However, for the purposes of appeal, 31 a judgment of conviction of a felony is a final judgment when 32 pronounced. 33 Sec. 12. Section 902.12, subsection 1, paragraph b, Code 34 2017, is amended to read as follows: 35 -6- LSB 1885HV (5) 87 jm/rj 6/ 12

H.F. 579 b. Attempted murder in violation of section 707.11 , except 1 as provided in section 707.11, subsection 5 . 2 Sec. 13. Section 903A.2, subsection 1, unnumbered paragraph 3 1, Code 2017, is amended to read as follows: 4 Each inmate committed to the custody of the director of the 5 department of corrections is eligible to earn a reduction of 6 sentence in the manner provided in this section . For purposes 7 of calculating the amount of time by which an inmate’s sentence 8 may be reduced, inmates shall be grouped into the following two 9 three sentencing categories: 10 Sec. 14. Section 903A.2, subsection 1, paragraph a, 11 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 12 to read as follows: 13 Category “A” sentences are those sentences which are not 14 subject to a maximum accumulation of earned time of fifteen 15 percent of the total sentence of confinement under section 16 902.12 and are not category “C” sentences . To the extent 17 provided in subsection 5 , category “A” sentences also include 18 life sentences imposed under section 902.1 . An inmate of an 19 institution under the control of the department of corrections 20 who is serving a category “A” sentence is eligible for a 21 reduction of sentence equal to one and two-tenths days for each 22 day the inmate demonstrates good conduct and satisfactorily 23 participates in any program or placement status identified by 24 the director to earn the reduction. The programs include but 25 are not limited to the following: 26 Sec. 15. Section 903A.2, subsection 1, paragraph b, Code 27 2017, is amended to read as follows: 28 b. Category “B” sentences are those sentences which are 29 subject to a maximum accumulation of earned time of fifteen 30 percent of the total sentence of confinement under section 31 902.12 and are not category “C” sentences . An inmate of an 32 institution under the control of the department of corrections 33 who is serving a category “B” sentence is eligible for a 34 reduction of sentence equal to fifteen eighty-fifths of a day 35 -7- LSB 1885HV (5) 87 jm/rj 7/ 12

H.F. 579 for each day of good conduct by the inmate. 1 Sec. 16. Section 903A.2, subsection 1, Code 2017, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. Category “C” sentences are those 4 sentences for attempted murder described in section 707.11, 5 subsection 5. Notwithstanding paragraphs “a” or “b” , an inmate 6 serving a category “C” sentence is ineligible for a reduction 7 of sentence under this section. 8 Sec. 17. Section 903A.7, Code 2017, is amended to read as 9 follows: 10 903A.7 Separate sentences. 11 1. Consecutive multiple sentences that are within the 12 same category under section 903A.2 shall be construed as one 13 continuous sentence for purposes of calculating reductions of 14 sentence for earned time. 15 2. If a person is sentenced to serve both category “A” 16 and category “B” sentences of both categories , category 17 “B” sentences shall be served before category “A” sentences 18 are served, and earned time accrued against the category 19 “B” sentences shall not be used to reduce the category “A” 20 sentences. If an inmate serving a category “A” sentence is 21 sentenced to serve a category “B” sentence, the category “A” 22 sentence shall be interrupted, and no further earned time shall 23 accrue against that sentence until the category “B” sentence 24 is completed. 25 3. If a person is sentenced to serve both a category “C” 26 sentence and another category sentence, the category “C” 27 sentence shall be served before the other category sentence 28 is served, and no earned time shall accrue until the category 29 “C” sentence has been served. If an inmate serving a category 30 sentence other than a category “C” sentence is sentenced to 31 serve a category “C” sentence, the sentence of the other 32 category sentence shall be interrupted, and no further earned 33 time shall accrue against that sentence until the category “C” 34 sentence is completed. 35 -8- LSB 1885HV (5) 87 jm/rj 8/ 12

H.F. 579 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to criminal sentencing by modifying 4 criminal penalties for cocaine base and attempted murder, 5 making inapplicable certain provisions relating to mandatory 6 sentences, mandatory minimum sentences, limitations on parole 7 and work release, and limitations on earned time. 8 COCAINE BASE. The bill increases the amounts of controlled 9 substances containing cocaine base (crack cocaine) that 10 determine the criminal penalty for certain offenses. Under 11 the bill, if a person unlawfully manufactures, delivers, 12 or possesses with the intent to manufacture or deliver a 13 controlled substance containing cocaine base, or unlawfully 14 acts with, enters into a common scheme or design with, or 15 conspires with one or more persons to manufacture, deliver, 16 or possess with the intent to manufacture or deliver such 17 a controlled substance, the person commits the following 18 offenses: a class “B” felony punishable by confinement of no 19 more than 50 years and a fine of not more than $1 million if the 20 controlled substance containing cocaine base is more than 100 21 grams rather than the current more than 50 grams; a class “B” 22 felony punishable by confinement of no more than 25 years and a 23 fine of not less than $5,000 but not more than $100,000 if the 24 controlled substance is more than 20 grams but not more than 25 100 grams rather than the current more than 10 but not more 26 than 50 grams; or a class “C” felony punishable by a fine of not 27 less than $1,000 but not more than $50,000 if the controlled 28 substance containing cocaine base is 20 grams or less rather 29 than the current 10 grams or less. 30 CERTAIN DRUG OFFENSE SENTENCES. Under current law, 31 a person serving a sentence for a conviction under Code 32 section 124.401(1)(c) (class “C” felony, small quantity, 33 drug manufacturing, delivery, or possession with intent to 34 manufacture or deliver), shall not be required to serve a 35 -9- LSB 1885HV (5) 87 jm/rj 9/ 12

H.F. 579 minimum term of confinement as prescribed by Code sections 1 124.413 and 902.12, if the person has not previously been 2 convicted of a forcible felony and does not have a prior 3 conviction under Code section 124.401, subsection 1, paragraph 4 “a”, “b”, or “c”. The bill strikes the requirement that a 5 person serving a sentence under Code section 124.401(1)(c) 6 serve the minimum term of confinement as prescribed by Code 7 sections 124.413 and 902.12, even if the person has a prior 8 forcible felony conviction or a prior conviction under section 9 124.401, subsection 1, paragraph “a”, “b”, or “c”. 10 ATTEMPT TO COMMIT MURDER —— PEACE OFFICER. The bill defines 11 “peace officer” to mean the same as defined in section 801.4. 12 Under the bill, a person who attempts to commit murder 13 against a peace officer in violation of Code section 707.11, 14 with the knowledge that the person against whom the attempt to 15 commit murder is committed is a peace officer, and while the 16 officer is acting within the officer’s official capacity, shall 17 serve 100 percent of the term of confinement imposed and shall 18 be denied parole, work release, or other early release. 19 A person who commits attempt to commit murder commits a class 20 “B” felony. A class “B” felony is punishable by confinement 21 for no more than 25 years. Currently, except for the attempt 22 to commit murder against a peace officer in the bill, a person 23 who commits attempt to commit murder shall serve 70 percent of 24 the sentence under Code section 902.12. 25 After a person is sent to a correctional institution for 26 an attempt to commit murder against a peace officer, the 27 bill creates a new category “C” sentence which prohibits 28 such a person from accumulating earned time that reduces the 29 sentence of the person. If a person is sentenced to serve 30 both a category “C” sentence and another category sentence, 31 the category “C” sentence shall be served before the other 32 category sentence is served, and no earned time shall accrue 33 until the category “C” sentence has been served. The bill also 34 provides that if an inmate serving a category sentence other 35 -10- LSB 1885HV (5) 87 jm/rj 10/ 12

H.F. 579 than a category “C” sentence is sentenced to serve a category 1 “C” sentence, the sentence of the other category sentence shall 2 be interrupted, and no further earned time shall accrue against 3 that sentence until the category “C” sentence is completed. 4 STANDARD SENTENCE. As used in the bill, “standard sentence” 5 means a sentencing option whereby the court at sentencing 6 allows a person to be sentenced within the parameters 7 of the misdemeanor or felony offense classification and 8 makes inapplicable other provisions, or any combination 9 of such provisions, that would otherwise have the effect 10 of mandating a term of confinement, lengthening the term 11 of confinement, limiting the accumulation of earned time 12 pursuant to Code section 903A.2, subsection 1, paragraph “b”, 13 limiting eligibility for parole or work release, or imposing 14 an additional sentence commencing upon completion of the 15 underlying sentence pursuant to Code chapter 903B. 16 The court may impose a standard sentence pursuant to the 17 bill if the court finds all of the following: a compelling 18 reason that imposing a sentence other than a standard sentence 19 would result in a substantial injustice to the defendant, and a 20 sentence other than a standard sentence is not necessary for 21 the protection of the public. 22 If a person is sentenced to a term of confinement under 23 a standard sentence classified as a felony, the person shall 24 be sentenced as provided in Code section 902.9 applicable for 25 that felony classification, and if the person is sentenced to a 26 term of confinement under a standard sentence classified as a 27 misdemeanor, the person shall be sentenced as provided in Code 28 section 903.1, and confined as provided in Code section 903.4. 29 The bill lists numerous criminal offenses that are not 30 eligible for the imposition of a standard sentence. 31 The bill provides that if a person commits an offense that 32 requires the person to register as a sex offender, a standard 33 sentence shall not change the requirement to register or change 34 the duration of registration. However, if the person is no 35 -11- LSB 1885HV (5) 87 jm/rj 11/ 12

H.F. 579 longer required to serve a special sentence under Code chapter 1 903B due to the imposition of a standard sentence, the duration 2 of registration shall not be less than the period specified in 3 Code section 692A.106(1) which is 10 years. 4 RECONSIDERATION OF FELON’S SENTENCE. The bill provides that 5 from the date a person is convicted of a felony other than a 6 class “A” felony or class “B” felony, and the person begins to 7 serve a sentence of confinement, the court on its own motion 8 or on the recommendation of the director of the department 9 of corrections, may order the person returned to the court, 10 and resentence the person to any sentence permitted by law. 11 Under current law, the reconsideration of a sentence option 12 is not available to a person convicted of a class “A” felony 13 or to a person serving a felony for which a minimum sentence 14 of confinement is imposed. Thus, the bill makes a person 15 serving a class “B” felony ineligible for a reconsideration 16 of a sentence but makes a person serving a felony for which 17 a minimum sentence of confinement is imposed, eligible for 18 reconsideration of the sentence. 19 -12- LSB 1885HV (5) 87 jm/rj 12/ 12