Bill Text: IA HF358 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the offense of attempt to commit murder against a peace officer, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-16 - Introduced, referred to Judiciary. H.J. 408. [HF358 Detail]
Download: Iowa-2017-HF358-Introduced.html
House File 358 - Introduced HOUSE FILE BY NUNN A BILL FOR 1 An Act relating to the offense of attempt to commit murder 2 against a peace officer, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2104YH (3) 87 jm/rh/rj PAG LIN 1 1 Section 1. Section 707.11, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5. a. As used in this subsection, "peace 1 4 officer" means the same as defined in section 801.4. 1 5 b. For purposes of determining the category of sentence 1 6 under section 903A.2, the fact finder shall determine whether 1 7 the attempt to commit murder was against a peace officer, with 1 8 the knowledge that the person against whom the attempt to 1 9 commit murder was committed was a peace officer acting in the 1 10 officer's official capacity. 1 11 c. If the fact finder determines the attempt to commit 1 12 murder was against a peace officer as described in paragraph 1 13 "b", the person shall serve one hundred percent of the term of 1 14 confinement imposed and shall be denied parole, work release, 1 15 or other early release. 1 16 Sec. 2. Section 902.12, subsection 1, paragraph b, Code 1 17 2017, is amended to read as follows: 1 18 b. Attempted murder in violation of section 707.11, except 1 19 as provided in section 707.11, subsection 5. 1 20 Sec. 3. Section 903A.2, subsection 1, unnumbered paragraph 1 21 1, Code 2017, is amended to read as follows: 1 22 Each inmate committed to the custody of the director of the 1 23 department of corrections is eligible to earn a reduction of 1 24 sentence in the manner provided in this section. For purposes 1 25 of calculating the amount of time by which an inmate's sentence 1 26 may be reduced, inmates shall be grouped into the followingtwo 1 27three sentencing categories: 1 28 Sec. 4. Section 903A.2, subsection 1, paragraph a, 1 29 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 1 30 to read as follows: 1 31 Category "A" sentences are those sentences which are not 1 32 subject to a maximum accumulation of earned time of fifteen 1 33 percent of the total sentence of confinement under section 1 34 902.12 and are not category "C" sentences. To the extent 1 35 provided in subsection 5, category "A" sentences also include 2 1 life sentences imposed under section 902.1. An inmate of an 2 2 institution under the control of the department of corrections 2 3 who is serving a category "A" sentence is eligible for a 2 4 reduction of sentence equal to one and two=tenths days for each 2 5 day the inmate demonstrates good conduct and satisfactorily 2 6 participates in any program or placement status identified by 2 7 the director to earn the reduction. The programs include but 2 8 are not limited to the following: 2 9 Sec. 5. Section 903A.2, subsection 1, paragraph b, Code 2 10 2017, is amended to read as follows: 2 11 b. Category "B" sentences are those sentences which are 2 12 subject to a maximum accumulation of earned time of fifteen 2 13 percent of the total sentence of confinement under section 2 14 902.12 and are not category "C" sentences. An inmate of an 2 15 institution under the control of the department of corrections 2 16 who is serving a category "B" sentence is eligible for a 2 17 reduction of sentence equal to fifteen eighty=fifths of a day 2 18 for each day of good conduct by the inmate. 2 19 Sec. 6. Section 903A.2, subsection 1, Code 2017, is amended 2 20 by adding the following new paragraph: 2 21 NEW PARAGRAPH. c. Category "C" sentences are those 2 22 sentences for attempted murder described in section 707.11, 2 23 subsection 5. Notwithstanding paragraphs "a" or "b", an inmate 2 24 serving a category "C" sentence is ineligible for a reduction 2 25 of sentence under this section. 2 26 Sec. 7. Section 903A.7, Code 2017, is amended to read as 2 27 follows: 2 28 903A.7 Separate sentences. 2 29 1. Consecutive multiple sentences that are within the 2 30 same category under section 903A.2 shall be construed as one 2 31 continuous sentence for purposes of calculating reductions of 2 32 sentence for earned time. 2 33 2. If a person is sentenced to serve both category "A" 2 34 and category "B" sentencesof both categories, category 2 35 "B" sentences shall be served before category "A" sentences 3 1 are served, and earned time accrued against the category 3 2 "B" sentences shall not be used to reduce the category "A" 3 3 sentences. If an inmate serving a category "A" sentence is 3 4 sentenced to serve a category "B" sentence, the category "A" 3 5 sentence shall be interrupted, and no further earned time shall 3 6 accrue against that sentence until the category "B" sentence 3 7 is completed. 3 8 3. If a person is sentenced to serve both a category "C" 3 9 sentence and another category sentence, the category "C" 3 10 sentence shall be served before the other category sentence 3 11 is served, and no earned time shall accrue until the category 3 12 "C" sentence has been served. If an inmate serving a category 3 13 sentence other than a category "C" sentence is sentenced to 3 14 serve a category "C" sentence, the sentence of the other 3 15 category sentence shall be interrupted, and no further earned 3 16 time shall accrue against that sentence until the category "C" 3 17 sentence is completed. 3 18 EXPLANATION 3 19 The inclusion of this explanation does not constitute agreement with 3 20 the explanation's substance by the members of the general assembly. 3 21 This bill relates to attempt to commit murder against a peace 3 22 officer. 3 23 The bill defines "peace officer" to mean the same as defined 3 24 in section 801.4. 3 25 Under the bill, a person who attempts to commit murder 3 26 against a peace officer in violation of Code section 707.11, 3 27 with the knowledge that the person against whom the attempt to 3 28 commit murder is committed is a peace officer, and while the 3 29 officer is acting within the officer's official capacity, shall 3 30 serve 100 percent of the term of confinement imposed and shall 3 31 be denied parole, work release, or other early release. 3 32 A person who commits attempt to commit murder commits a class 3 33 "B" felony. A class "B" felony is punishable by confinement 3 34 for no more than 25 years. Currently, except for the attempt 3 35 to commit murder against a peace officer in the bill, a person 4 1 who commits attempt to commit murder shall serve 70 percent of 4 2 the sentence under Code section 902.12. 4 3 After a person is sent to a correctional institution for 4 4 an attempt to commit murder against a peace officer, the 4 5 bill creates a new category "C" sentence which prohibits 4 6 such a person from accumulating earned time that reduces the 4 7 sentence of the person. If a person is sentenced to serve 4 8 both a category "C" sentence and another category sentence, 4 9 the category "C" sentence shall be served before the other 4 10 category sentence is served, and no earned time shall accrue 4 11 until the category "C" sentence has been served. The bill also 4 12 provides that if an inmate serving a category sentence other 4 13 than a category "C" sentence is sentenced to serve a category 4 14 "C" sentence, the sentence of the other category sentence shall 4 15 be interrupted, and no further earned time shall accrue against 4 16 that sentence until the category "C" sentence is completed. LSB 2104YH (3) 87 jm/rh/rj
