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House File 358 - IntroducedA Bill ForAn Act 1relating to the offense of attempt to commit murder
2against a peace officer, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.11, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. a. As used in this subsection, “peace
4officer” means the same as defined in section 801.4.
5b. For purposes of determining the category of sentence
6under section 903A.2, the fact finder shall determine whether
7the attempt to commit murder was against a peace officer, with
8the knowledge that the person against whom the attempt to
9commit murder was committed was a peace officer acting in the
10officer’s official capacity.
11c. If the fact finder determines the attempt to commit
12murder was against a peace officer as described in paragraph
13“b”, the person shall serve one hundred percent of the term of
14confinement imposed and shall be denied parole, work release,
15or other early release.
16 Sec. 2. Section 902.12, subsection 1, paragraph b, Code
172017, is amended to read as follows:
18b. Attempted murder in violation of section 707.11, except
19as provided in section 707.11, subsection 5.
20 Sec. 3. Section 903A.2, subsection 1, unnumbered paragraph
211, Code 2017, is amended to read as follows:
22Each inmate committed to the custody of the director of the
23department of corrections is eligible to earn a reduction of
24sentence in the manner provided in this section. For purposes
25of calculating the amount of time by which an inmate’s sentence
26may be reduced, inmates shall be grouped into the following two
27 three sentencing categories:
28 Sec. 4. Section 903A.2, subsection 1, paragraph a,
29subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
30to read as follows:
31Category “A” sentences are those sentences which are not
32subject to a maximum accumulation of earned time of fifteen
33percent of the total sentence of confinement under section
34902.12 and are not category “C” sentences. To the extent
35provided in subsection 5, category “A” sentences also include
-1-1life sentences imposed under section 902.1. An inmate of an
2institution under the control of the department of corrections
3who is serving a category “A” sentence is eligible for a
4reduction of sentence equal to one and two-tenths days for each
5day the inmate demonstrates good conduct and satisfactorily
6participates in any program or placement status identified by
7the director to earn the reduction. The programs include but
8are not limited to the following:
9 Sec. 5. Section 903A.2, subsection 1, paragraph b, Code
102017, is amended to read as follows:
11b. Category “B” sentences are those sentences which are
12subject to a maximum accumulation of earned time of fifteen
13percent of the total sentence of confinement under section
14902.12 and are not category “C” sentences. An inmate of an
15institution under the control of the department of corrections
16who is serving a category “B” sentence is eligible for a
17reduction of sentence equal to fifteen eighty-fifths of a day
18for each day of good conduct by the inmate.
19 Sec. 6. Section 903A.2, subsection 1, Code 2017, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. Category “C” sentences are those
22sentences for attempted murder described in section 707.11,
23subsection 5. Notwithstanding paragraphs “a” or “b”, an inmate
24serving a category “C” sentence is ineligible for a reduction
25of sentence under this section.
26 Sec. 7. Section 903A.7, Code 2017, is amended to read as
27follows:
28903A.7 Separate sentences.
291. Consecutive multiple sentences that are within the
30same category under section 903A.2 shall be construed as one
31continuous sentence for purposes of calculating reductions of
32sentence for earned time.
332. If a person is sentenced to serve both category “A”
34and category “B” sentences of both categories, category
35“B” sentences shall be served before category “A” sentences
-2-1are served, and earned time accrued against the category
2“B” sentences shall not be used to reduce the category “A”
3sentences. If an inmate serving a category “A” sentence is
4sentenced to serve a category “B” sentence, the category “A”
5sentence shall be interrupted, and no further earned time shall
6accrue against that sentence until the category “B” sentence
7is completed.
83. If a person is sentenced to serve both a category “C”
9sentence and another category sentence, the category “C”
10sentence shall be served before the other category sentence
11is served, and no earned time shall accrue until the category
12“C” sentence has been served. If an inmate serving a category
13sentence other than a category “C” sentence is sentenced to
14serve a category “C” sentence, the sentence of the other
15category sentence shall be interrupted, and no further earned
16time shall accrue against that sentence until the category “C”
17sentence is completed.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to attempt to commit murder against a peace
22officer.
23The bill defines “peace officer” to mean the same as defined
24in section 801.4.
25Under the bill, a person who attempts to commit murder
26against a peace officer in violation of Code section 707.11,
27with the knowledge that the person against whom the attempt to
28commit murder is committed is a peace officer, and while the
29officer is acting within the officer’s official capacity, shall
30serve 100 percent of the term of confinement imposed and shall
31be denied parole, work release, or other early release.
32A person who commits attempt to commit murder commits a class
33“B” felony. A class “B” felony is punishable by confinement
34for no more than 25 years. Currently, except for the attempt
35to commit murder against a peace officer in the bill, a person
-3-1who commits attempt to commit murder shall serve 70 percent of
2the sentence under Code section 902.12.
3After a person is sent to a correctional institution for
4an attempt to commit murder against a peace officer, the
5bill creates a new category “C” sentence which prohibits
6such a person from accumulating earned time that reduces the
7sentence of the person. If a person is sentenced to serve
8both a category “C” sentence and another category sentence,
9the category “C” sentence shall be served before the other
10category sentence is served, and no earned time shall accrue
11until the category “C” sentence has been served. The bill also
12provides that if an inmate serving a category sentence other
13than a category “C” sentence is sentenced to serve a category
14“C” sentence, the sentence of the other category sentence shall
15be interrupted, and no further earned time shall accrue against
16that sentence until the category “C” sentence is completed.
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2against a peace officer, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.11, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. a. As used in this subsection, “peace
4officer” means the same as defined in section 801.4.
5b. For purposes of determining the category of sentence
6under section 903A.2, the fact finder shall determine whether
7the attempt to commit murder was against a peace officer, with
8the knowledge that the person against whom the attempt to
9commit murder was committed was a peace officer acting in the
10officer’s official capacity.
11c. If the fact finder determines the attempt to commit
12murder was against a peace officer as described in paragraph
13“b”, the person shall serve one hundred percent of the term of
14confinement imposed and shall be denied parole, work release,
15or other early release.
16 Sec. 2. Section 902.12, subsection 1, paragraph b, Code
172017, is amended to read as follows:
18b. Attempted murder in violation of section 707.11, except
19as provided in section 707.11, subsection 5.
20 Sec. 3. Section 903A.2, subsection 1, unnumbered paragraph
211, Code 2017, is amended to read as follows:
22Each inmate committed to the custody of the director of the
23department of corrections is eligible to earn a reduction of
24sentence in the manner provided in this section. For purposes
25of calculating the amount of time by which an inmate’s sentence
26may be reduced, inmates shall be grouped into the following two
27 three sentencing categories:
28 Sec. 4. Section 903A.2, subsection 1, paragraph a,
29subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
30to read as follows:
31Category “A” sentences are those sentences which are not
32subject to a maximum accumulation of earned time of fifteen
33percent of the total sentence of confinement under section
34902.12 and are not category “C” sentences. To the extent
35provided in subsection 5, category “A” sentences also include
-1-1life sentences imposed under section 902.1. An inmate of an
2institution under the control of the department of corrections
3who is serving a category “A” sentence is eligible for a
4reduction of sentence equal to one and two-tenths days for each
5day the inmate demonstrates good conduct and satisfactorily
6participates in any program or placement status identified by
7the director to earn the reduction. The programs include but
8are not limited to the following:
9 Sec. 5. Section 903A.2, subsection 1, paragraph b, Code
102017, is amended to read as follows:
11b. Category “B” sentences are those sentences which are
12subject to a maximum accumulation of earned time of fifteen
13percent of the total sentence of confinement under section
14902.12 and are not category “C” sentences. An inmate of an
15institution under the control of the department of corrections
16who is serving a category “B” sentence is eligible for a
17reduction of sentence equal to fifteen eighty-fifths of a day
18for each day of good conduct by the inmate.
19 Sec. 6. Section 903A.2, subsection 1, Code 2017, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. Category “C” sentences are those
22sentences for attempted murder described in section 707.11,
23subsection 5. Notwithstanding paragraphs “a” or “b”, an inmate
24serving a category “C” sentence is ineligible for a reduction
25of sentence under this section.
26 Sec. 7. Section 903A.7, Code 2017, is amended to read as
27follows:
28903A.7 Separate sentences.
291. Consecutive multiple sentences that are within the
30same category under section 903A.2 shall be construed as one
31continuous sentence for purposes of calculating reductions of
32sentence for earned time.
332. If a person is sentenced to serve both category “A”
34and category “B” sentences of both categories, category
35“B” sentences shall be served before category “A” sentences
-2-1are served, and earned time accrued against the category
2“B” sentences shall not be used to reduce the category “A”
3sentences. If an inmate serving a category “A” sentence is
4sentenced to serve a category “B” sentence, the category “A”
5sentence shall be interrupted, and no further earned time shall
6accrue against that sentence until the category “B” sentence
7is completed.
83. If a person is sentenced to serve both a category “C”
9sentence and another category sentence, the category “C”
10sentence shall be served before the other category sentence
11is served, and no earned time shall accrue until the category
12“C” sentence has been served. If an inmate serving a category
13sentence other than a category “C” sentence is sentenced to
14serve a category “C” sentence, the sentence of the other
15category sentence shall be interrupted, and no further earned
16time shall accrue against that sentence until the category “C”
17sentence is completed.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to attempt to commit murder against a peace
22officer.
23The bill defines “peace officer” to mean the same as defined
24in section 801.4.
25Under the bill, a person who attempts to commit murder
26against a peace officer in violation of Code section 707.11,
27with the knowledge that the person against whom the attempt to
28commit murder is committed is a peace officer, and while the
29officer is acting within the officer’s official capacity, shall
30serve 100 percent of the term of confinement imposed and shall
31be denied parole, work release, or other early release.
32A person who commits attempt to commit murder commits a class
33“B” felony. A class “B” felony is punishable by confinement
34for no more than 25 years. Currently, except for the attempt
35to commit murder against a peace officer in the bill, a person
-3-1who commits attempt to commit murder shall serve 70 percent of
2the sentence under Code section 902.12.
3After a person is sent to a correctional institution for
4an attempt to commit murder against a peace officer, the
5bill creates a new category “C” sentence which prohibits
6such a person from accumulating earned time that reduces the
7sentence of the person. If a person is sentenced to serve
8both a category “C” sentence and another category sentence,
9the category “C” sentence shall be served before the other
10category sentence is served, and no earned time shall accrue
11until the category “C” sentence has been served. The bill also
12provides that if an inmate serving a category sentence other
13than a category “C” sentence is sentenced to serve a category
14“C” sentence, the sentence of the other category sentence shall
15be interrupted, and no further earned time shall accrue against
16that sentence until the category “C” sentence is completed.
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