SSB 1173 (LSB 1885XC (3) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to criminal sentencing by modifying criminal penalties for cocaine base, making inapplicable certain provisions relating to mandatory sentences, mandatory minimum sentences, limitations on parole and work release, and limitations on earned time. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraph a, subparagraph (3), Code 2017, is amended to read as follows:
   (3)  More than two hundred fifty grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
    Sec. 2.  Section 124.401, subsection 1, paragraph b, subparagraph (3), Code 2017, is amended to read as follows:
   (3)  More than ten fifty grams but not more than two hundred fifty grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
    Sec. 3.  Section 124.401, subsection 1, paragraph c, subparagraph (3), Code 2017, is amended to read as follows:
   (3)  Ten Fifty grams or less of a mixture or substance described in subparagraph (2) which contains cocaine base.
    Sec. 4.  Section 124.413, subsection 3, Code 2017, is amended to read as follows:
   3.  A person serving a sentence pursuant to section 124.401, subsection 1, paragraph “b” or “c”, shall be denied parole or work release, based upon all the pertinent information as determined by the court under section 901.11, subsection 1, until the person has served between one-half of the minimum term of confinement prescribed in subsection 1 and the maximum indeterminate sentence prescribed by law, except that a person serving a sentence pursuant to section 124.401, subsection 1, paragraph “c”, who does not have a prior forcible felony conviction shall not be required to serve a minimum term of confinement as prescribed by this section.
    Sec. 5.  NEW SECTION.  901.5C  Standard sentence.
   1.  a.  As used in this section, “standard sentence” means a sentencing option whereby the court at sentencing allows a person to be sentenced within the parameters of the misdemeanor or felony offense classification and makes inapplicable other provisions, or any combination of such provisions, that would otherwise have the effect of mandating a term of confinement, lengthening the term of confinement, limiting the accumulation of earned time pursuant to section 903A.2, subsection 1, paragraph “b”, limiting eligibility for parole or work release, or imposing an additional sentence commencing upon completion of the underlying sentence pursuant to chapter 903B. 
   b.  (1)  If a person is sentenced to a term of confinement under a standard sentence classified as a felony, the term of the person’s sentence shall be as provided in section 902.9 applicable to the classification of the offense.
   (2)  If a person is sentenced to a term of confinement under a standard sentence classified as a misdemeanor, the term of the person’s sentence shall be as provided in section 903.1, with the place of confinement as provided in section 903.4.
   2.  The court may impose a standard sentence if the court finds all of the following:
   a.  A compelling reason that imposing a sentence other than a standard sentence would result in a substantial injustice to the defendant. 
   b.  A sentence other than a standard sentence is not necessary for the protection of the public.
   3.  A standard sentence shall not be imposed for the following offenses:
   a.  Operating while intoxicated in violation of section 321J.2.
   b.  Any class “A” felony offense.
   c.  Murder in the second degree in violation of section 707.3.
   d.  Domestic abuse assault in violation of section 708.2A.
   e.  Assault in violation of individual rights in violation of section 708.2C, subsection 2, 3, or 4.
   f.  Assault while participating in a felony, in violation of section 708.3, subsection 1.
   g.  Assaults on persons engaged in certain occupations in violation of section 708.3A.
   h.  Inmate assaults in violation of section 708.3B.
   i.  Willful injury in violation of section 708.4.
   j.  Administering harmful substances in violation of section 708.5.
   k.  Intimidation with a dangerous weapon in violation of section 708.6.
   l.  Harassment in violation of section 708.7, subsection 2.
   m.  Going armed with intent in violation of section 708.8. 
   n.  Hazing in violation of section 708.10, subsection 3.
   o.  Stalking in violation of section 708.11, subsection 3, paragraph “a” or “b”.
   p.  Removal of an officer’s communication or control device in violation of section 708.12.
   q.  Disarming a peace officer of a dangerous weapon in violation of section 708.13.
   r.  A violation of chapter 708A. 
   s.  A violation of section 708B.1.
   t.  A violation of chapter 709, except a violation of section 709.4, subsection 1, paragraph “b”, subparagraph (3), subparagraph division (d). 
   u.  Kidnapping in the second degree in violation of section 710.3.
   v.  Child stealing in violation of section 710.5.
   w.  Enticing a minor in violation of section 710.10, subsection 1, 2, or 3.
   x.  Purchase or sale of individual in violation of section 710.11.
   y.  A violation of chapter 710A.
   z.  Robbery in the first degree in violation of section 711.2.
   aa.  Extortion in violation of section 711.4, subsection 1, paragraph “a”.
   ab.  Arson in the first degree in violation of section 712.2.
   ac.  Threats in violation of section 712.8.
   ad.  Burglary in the first degree in violation of section 713.3.
   ae.  Attempted burglary in the first degree in violation of section 713.4.
   af.  Prostitution in violation of section 725.1, subsection 2, paragraph “b”.
   ag.  Pimping in violation of section 725.2, subsection 2.
   ah.  Pandering in violation of section 725.3, subsection 2.
   ai.  Incest in violation of section 726.2.
   aj.  Child endangerment in violation of section 726.6, subsection 4, 5, or 6.
   ak.  Multiple acts of child endangerment in violation of section 726.6A.
   al.  Wanton neglect of a resident of a health care facility in violation of section 726.7.
   am.  Wanton neglect or nonsupport of a dependent adult in violation of section 726.8.
   an.  A violation of section 728.12.
   ao.  Violation of individual rights in violation of section 729A.2.
   4.  If a person commits an offense that requires the person to register as a sex offender under chapter 692A, a standard sentence shall not change the requirement to register or change the duration of registration. However, if the person is no longer required to serve a special sentence under chapter 903B due to the imposition of a standard sentence, the duration of registration shall not be less than the period specified in section 692A.106, subsection 1.
    Sec. 6.  Section 901.11, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 4, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
    Sec. 7.  Section 901.12, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Effective July 1, 2017, and notwithstanding section 124.413, a person whose sentence commenced prior to July 1, 2017, for a conviction under section 124.401, subsection 1, paragraph “c”, who has not previously been convicted of a forcible felony, and who does not have a prior conviction under section 124.401, subsection 1, paragraph “a”, “b”, or “c”, shall not be required to serve a minimum term of confinement as prescribed by this section.
    Sec. 8.  NEW SECTION.  901.13  Minimum sentence —— parole or work release eligibility —— robbery in the first degree.
   1.  Effective July 1, 2017, a person whose sentence commenced prior to July 1, 2017, for a conviction under section 711.2, who has not previously been convicted of a forcible felony, shall first be eligible for parole or work release after the person has served one-half of the minimum term of confinement prescribed in section 902.12.
    Sec. 9.  Section 902.12, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person serving a sentence for a conviction for robbery in the first degree in violation of section 711.2 for a conviction that occurs on or after July 1, 2017, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 4.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal sentencing by modifying criminal penalties for cocaine base, making inapplicable certain provisions relating to mandatory sentences, mandatory minimum sentences, limitations on parole and work release, and limitations on earned time. 
   COCAINE BASE. The bill increases the amounts of controlled substances containing cocaine base (crack cocaine) that determine the criminal penalty for certain offenses. Under the bill, if a person unlawfully manufactures, delivers, or possesses with the intent to manufacture or deliver a controlled substance containing cocaine base, or unlawfully acts with, enters into a common scheme or design with, or conspires with one or more persons to manufacture, deliver, or possess with the intent to manufacture or deliver such a controlled substance, the person commits the following offenses: a class “B” felony punishable by confinement of no more than 50 years and a fine of not more than $1 million if the controlled substance containing cocaine base is more than 250 grams rather than the current more than 50 grams; a class “B” felony punishable by confinement of no more than 25 years and a fine of not less than $5,000 but not more than $100,000 if the controlled substance is more than 50 grams but not more than 250 grams rather than the current more than 10 but not more than 50 grams; or a class “C” felony punishable by a fine of not less than $1,000 but not more than $50,000 if the controlled substance containing cocaine base is 50 grams or less rather than the current 10 grams or less.
   CERTAIN DRUG OFFENSE SENTENCES THAT COMMENCED PRIOR TO JULY 1, 2017. Effective July 1, 2017, the bill provides that a person whose sentence commenced prior to July 1, 2017, for a conviction under Code section 124.401(1)(c) (class “C” felony small quantity, drug manufacturing, delivery, or possession with intent to manufacture or deliver offenses), who has not been previously convicted of a forcible felony, and who does not have a prior conviction under Code section 124.401(1)(a), (b), or (c), shall not be required to serve a minimum term of confinement as prescribed by Code section 124.413.
   CERTAIN DRUG OFFENSE SENTENCES BEING SERVED ON OR AFTER JULY 1, 2017. A person serving a sentence for a conviction under Code section 124.401(1)(c) (class “C” felony, small quantity, drug manufacturing, delivery, or possession with intent to manufacture or deliver), shall not be required to serve a minimum term of confinement as prescribed by Code section 124.413, if the person has not previously been convicted of a forcible felony.
   STANDARD SENTENCE. As used in the bill, “standard sentence” means a sentencing option whereby the court at sentencing allows a person to be sentenced within the parameters of the misdemeanor or felony offense classification and makes inapplicable other provisions, or any combination of such provisions, that would otherwise have the effect of mandating a term of confinement, lengthening the term of confinement, limiting the accumulation of earned time pursuant to Code section 903A.2, subsection 1, paragraph “b”, limiting eligibility for parole or work release, or imposing an additional sentence commencing upon completion of the underlying sentence pursuant to Code chapter 903B.
   The court may impose a standard sentence pursuant to the bill if the court finds all of the following: a compelling reason that imposing a sentence other than a standard sentence would result in a substantial injustice to the defendant, and a sentence other than a standard sentence is not necessary for the protection of the public.
   If a person is sentenced to a term of confinement under a standard sentence classified as a felony, the person shall be sentenced as provided in Code section 902.9 applicable for that felony classification, and if the person is sentenced to a term of confinement under a standard sentence classified as a misdemeanor, the person shall be sentenced as provided in Code section 903.1, and confined as provided in Code section 903.4.
   The bill lists numerous criminal offenses that are not eligible for the imposition of a standard sentence. 
   The bill provides that if a person commits an offense that requires the person to register as a sex offender, a standard sentence shall not change the requirement to register or change the duration of registration. However, if the person is no longer required to serve a special sentence under Code chapter 903B due to the imposition of a standard sentence, the duration of registration shall not be less than the period specified in Code section 692A.106(1) which is 10 years. 
   ROBBERY IN THE FIRST DEGREE SENTENCES THAT COMMENCED PRIOR TO JULY 1, 2017. Effective July 1, 2017, the bill provides that a person whose sentence commenced prior to July 1, 2017, for a robbery in the first degree conviction under Code section 711.2, who has not previously been convicted of a forcible felony, shall first be eligible for parole or work release after the person has served one-half of the minimum term of confinement prescribed in Code section 902.12.
   ROBBERY IN THE FIRST DEGREE. The bill provides that an offender serving a sentence for a conviction for robbery in the first degree for a conviction that occurs on or after July 1, 2017, shall serve between 50 and 70 percent of a 25-year class “B” felony sentence. In determining when the person first becomes eligible for parole or work release within the parameters of 50 and 70 percent of the 25-year sentence, the sentencing court shall base its determination upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.