Bill Text: IA HF579 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal sentencing by modifying criminal penalties for cocaine base and attempted murder, making inapplicable certain provisions relating to mandatory sentences, mandatory minimum sentences, limitations on parole and work release, and limitations on earned time, and modifying the reconsideration of certain felons’ sentences. (Formerly HF 377.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2017-04-07 - Placed on calendar under unfinished business. S.J. 930. [HF579 Detail]
Download: Iowa-2017-HF579-Introduced.html
House File 579 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 377) A BILL FOR 1 An Act relating to criminal sentencing by modifying criminal 2 penalties for cocaine base and attempted murder, making 3 inapplicable certain provisions relating to mandatory 4 sentences, mandatory minimum sentences, limitations on 5 parole and work release, and limitations on earned time, and 6 modifying the reconsideration of certain felons' sentences. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1885HV (5) 87 jm/rj PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 subparagraph (3), Code 2017, is amended to read as follows: 1 3 (3) More thanfiftyone hundred grams of a mixture or 1 4 substance described in subparagraph (2) which contains cocaine 1 5 base. 1 6 Sec. 2. Section 124.401, subsection 1, paragraph b, 1 7 subparagraph (3), Code 2017, is amended to read as follows: 1 8 (3) More thantentwenty grams but not more thanfifty1 9 one hundred grams of a mixture or substance described in 1 10 subparagraph (2) which contains cocaine base. 1 11 Sec. 3. Section 124.401, subsection 1, paragraph c, 1 12 subparagraph (3), Code 2017, is amended to read as follows: 1 13 (3)TenTwenty grams or less of a mixture or substance 1 14 described in subparagraph (2) which contains cocaine base. 1 15 Sec. 4. Section 124.413, subsection 1, Code 2017, is amended 1 16 to read as follows: 1 17 1. Except as provided in subsection 3 and sections 901.11 1 18 and 901.12, a person sentenced pursuant to section 124.401, 1 19 subsection 1, paragraph "a", "b","c","e", or "f", shall not 1 20 be eligible for parole or work release until the person has 1 21 served a minimumperiodterm of confinement of one=third of the 1 22 maximum indeterminate sentence prescribed by law. 1 23 Sec. 5. Section 124.413, subsection 3, Code 2017, is amended 1 24 to read as follows: 1 25 3. A person serving a sentence pursuant to section 124.401, 1 26 subsection 1, paragraph "b"or "c", shall be denied parole 1 27 or work release, based upon all the pertinent information as 1 28 determined by the court under section 901.11, subsection 1, 1 29 until the person has served between one=half of the minimum 1 30 term of confinement prescribed in subsection 1 and the maximum 1 31 indeterminate sentence prescribed by law. 1 32 Sec. 6. Section 707.11, Code 2017, is amended by adding the 1 33 following new subsection: 1 34 NEW SUBSECTION. 5. a. As used in this subsection, "peace 1 35 officer" means the same as defined in section 801.4. 2 1 b. For purposes of determining the category of sentence 2 2 under section 903A.2, the fact finder shall determine whether 2 3 the attempt to commit murder was against a peace officer, with 2 4 the knowledge that the person against whom the attempt to 2 5 commit murder was committed was a peace officer acting in the 2 6 officer's official capacity. 2 7 c. If the fact finder determines the attempt to commit 2 8 murder was against a peace officer as described in paragraph 2 9 "b", the person shall serve one hundred percent of the term of 2 10 confinement imposed and shall be denied parole, work release, 2 11 or other early release. 2 12 Sec. 7. NEW SECTION. 901.5C Standard sentence. 2 13 1. a. As used in this section, "standard sentence" means 2 14 a sentencing option whereby the court at sentencing allows a 2 15 person to be sentenced within the parameters of the misdemeanor 2 16 or felony offense classification and makes inapplicable other 2 17 provisions, or any combination of such provisions, that would 2 18 otherwise have the effect of mandating a term of confinement, 2 19 lengthening the term of confinement, limiting the accumulation 2 20 of earned time pursuant to section 903A.2, subsection 1, 2 21 paragraph "b", limiting eligibility for parole or work release, 2 22 or imposing an additional sentence commencing upon completion 2 23 of the underlying sentence pursuant to chapter 903B. 2 24 b. (1) If a person is sentenced to a term of confinement 2 25 under a standard sentence classified as a felony, the term of 2 26 the person's sentence shall be as provided in section 902.9 2 27 applicable to the classification of the offense. 2 28 (2) If a person is sentenced to a term of confinement under 2 29 a standard sentence classified as a misdemeanor, the term of 2 30 the person's sentence shall be as provided in section 903.1, 2 31 with the place of confinement as provided in section 903.4. 2 32 2. The court may impose a standard sentence if the court 2 33 finds all of the following: 2 34 a. A compelling reason that imposing a sentence other than 2 35 a standard sentence would result in a substantial injustice to 3 1 the defendant. 3 2 b. A sentence other than a standard sentence is not 3 3 necessary for the protection of the public. 3 4 3. A standard sentence shall not be imposed for the 3 5 following offenses: 3 6 a. Operating while intoxicated in violation of section 3 7 321J.2. 3 8 b. Any class "A" felony offense, except a class "A" felony 3 9 offense in violation of section 124.401D. 3 10 c. Murder in the second degree in violation of section 3 11 707.3. 3 12 d. Domestic abuse assault in violation of section 708.2A. 3 13 e. Assault in violation of individual rights in violation of 3 14 section 708.2C, subsection 2, 3, or 4. 3 15 f. Assault while participating in a felony, in violation of 3 16 section 708.3, subsection 1. 3 17 g. Assaults on persons engaged in certain occupations in 3 18 violation of section 708.3A. 3 19 h. Inmate assaults in violation of section 708.3B. 3 20 i. Willful injury in violation of section 708.4. 3 21 j. Administering harmful substances in violation of section 3 22 708.5. 3 23 k. Intimidation with a dangerous weapon in violation of 3 24 section 708.6. 3 25 l. Harassment in violation of section 708.7, subsection 2. 3 26 m. Going armed with intent in violation of section 708.8. 3 27 n. Hazing in violation of section 708.10, subsection 3. 3 28 o. Stalking in violation of section 708.11, subsection 3, 3 29 paragraph "a" or "b". 3 30 p. Removal of an officer's communication or control device 3 31 in violation of section 708.12. 3 32 q. Disarming a peace officer of a dangerous weapon in 3 33 violation of section 708.13. 3 34 r. A violation of chapter 708A. 3 35 s. A violation of section 708B.1. 4 1 t. A violation of chapter 709, except a violation of 4 2 section 709.4, subsection 1, paragraph "b", subparagraph (3), 4 3 subparagraph division (d). 4 4 u. Kidnapping in the second degree in violation of section 4 5 710.3. 4 6 v. Child stealing in violation of section 710.5. 4 7 w. Enticing a minor in violation of section 710.10, 4 8 subsection 1, 2, or 3. 4 9 x. Purchase or sale of individual in violation of section 4 10 710.11. 4 11 y. A violation of chapter 710A. 4 12 z. Robbery in the first degree in violation of section 4 13 711.2. 4 14 aa. Extortion in violation of section 711.4, subsection 1, 4 15 paragraph "a". 4 16 ab. Arson in the first degree in violation of section 712.2. 4 17 ac. Threats in violation of section 712.8. 4 18 ad. Burglary in the first degree in violation of section 4 19 713.3. 4 20 ae. Attempted burglary in the first degree in violation of 4 21 section 713.4. 4 22 af. Prostitution in violation of section 725.1, subsection 4 23 2, paragraph "b". 4 24 ag. Pimping in violation of section 725.2, subsection 2. 4 25 ah. Pandering in violation of section 725.3, subsection 2. 4 26 ai. Incest in violation of section 726.2. 4 27 aj. Child endangerment in violation of section 726.6, 4 28 subsection 4, 5, or 6. 4 29 ak. Multiple acts of child endangerment in violation of 4 30 section 726.6A. 4 31 al. Wanton neglect of a resident of a health care facility 4 32 in violation of section 726.7. 4 33 am. Wanton neglect or nonsupport of a dependent adult in 4 34 violation of section 726.8. 4 35 an. A violation of section 728.12. 5 1 ao. Violation of individual rights in violation of section 5 2 729A.2. 5 3 4. If a person commits an offense that requires the person 5 4 to register as a sex offender under chapter 692A, a standard 5 5 sentence shall not change the requirement to register or change 5 6 the duration of registration. However, if the person is no 5 7 longer required to serve a special sentence under chapter 903B 5 8 due to the imposition of a standard sentence, the duration of 5 9 registration shall not be less than the period specified in 5 10 section 692A.106, subsection 1. 5 11 Sec. 8. Section 901.11, subsection 1, Code 2017, is amended 5 12 to read as follows: 5 13 1. At the time of sentencing, the court shall determine 5 14 when a person convicted under section 124.401, subsection 1, 5 15 paragraph "b"or "c", shall first become eligible for parole 5 16 or work release within the parameters described in section 5 17 124.413, subsection 3, based upon all the pertinent information 5 18 including the person's criminal record, a validated risk 5 19 assessment, and the negative impact the offense has had on the 5 20 victim or other persons. 5 21 Sec. 9. Section 901.12, subsection 1, Code 2017, is amended 5 22 to read as follows: 5 23 1. Effective July 1, 2016, and notwithstanding section 5 24 124.413, a person whose sentence commenced prior to July 1, 5 25 2016, for a conviction under section 124.401, subsection 1, 5 26 paragraph "b"or "c", who has not previously been convicted of 5 27 a forcible felony, and who does not have a prior conviction 5 28 under section 124.401, subsection 1, paragraph "a", "b", or "c", 5 29 shall first be eligible for parole or work release after the 5 30 person has served one=half of the minimum term of confinement 5 31 prescribed in section 124.413. 5 32 Sec. 10. Section 901.12, Code 2017, is amended by adding the 5 33 following new subsection: 5 34 NEW SUBSECTION. 1A. Effective July 1, 2017, a person whose 5 35 sentence commenced prior to July 1, 2017, for a conviction 6 1 under section 124.401, subsection 1, paragraph "c", shall not be 6 2 required to serve a minimum term of confinement as prescribed 6 3 in section 124.413. 6 4 Sec. 11. Section 902.4, Code 2017, is amended to read as 6 5 follows: 6 6 902.4 Reconsideration of felon's sentence. 6 7 For a period of one year from the date when a person 6 8 convicted of a felony, other than a class "A" or class "B" 6 9 felonyor a felony for which a minimum sentence of confinement 6 10 is imposed, begins to serve a sentence of confinement, the 6 11 court, on its own motion or on the recommendation of the 6 12 director of the Iowa department of corrections, may order the 6 13 person to be returned to the court, at which time the court may 6 14 review its previous action and reaffirm it or substitute for it 6 15 any sentence permitted by law. Copies of the order to return 6 16 the person to the court shall be provided to the attorney 6 17 for the state, the defendant's attorney, and the defendant. 6 18 Upon a request of the attorney for the state, the defendant's 6 19 attorney, or the defendant if the defendant has no attorney, 6 20 the court may, but is not required to, conduct a hearing on 6 21 the issue of reconsideration of sentence. The court shall 6 22 not disclose its decision to reconsider or not to reconsider 6 23 the sentence of confinement until the date reconsideration is 6 24 ordered or the date the one=year period expires, whichever 6 25 occurs first. The district court retains jurisdiction for the 6 26 limited purposes of conducting such review and entering an 6 27 appropriate order notwithstanding the timely filing of a notice 6 28 of appeal. The court's final order in the proceeding shall be 6 29 delivered to the defendant personally or by regular mail. The 6 30 court's decision to take the action or not to take the action 6 31 is not subject to appeal. However, for the purposes of appeal, 6 32 a judgment of conviction of a felony is a final judgment when 6 33 pronounced. 6 34 Sec. 12. Section 902.12, subsection 1, paragraph b, Code 6 35 2017, is amended to read as follows: 7 1 b. Attempted murder in violation of section 707.11, except 7 2 as provided in section 707.11, subsection 5. 7 3 Sec. 13. Section 903A.2, subsection 1, unnumbered paragraph 7 4 1, Code 2017, is amended to read as follows: 7 5 Each inmate committed to the custody of the director of the 7 6 department of corrections is eligible to earn a reduction of 7 7 sentence in the manner provided in this section. For purposes 7 8 of calculating the amount of time by which an inmate's sentence 7 9 may be reduced, inmates shall be grouped into the followingtwo 7 10three sentencing categories: 7 11 Sec. 14. Section 903A.2, subsection 1, paragraph a, 7 12 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 7 13 to read as follows: 7 14 Category "A" sentences are those sentences which are not 7 15 subject to a maximum accumulation of earned time of fifteen 7 16 percent of the total sentence of confinement under section 7 17 902.12 and are not category "C" sentences. To the extent 7 18 provided in subsection 5, category "A" sentences also include 7 19 life sentences imposed under section 902.1. An inmate of an 7 20 institution under the control of the department of corrections 7 21 who is serving a category "A" sentence is eligible for a 7 22 reduction of sentence equal to one and two=tenths days for each 7 23 day the inmate demonstrates good conduct and satisfactorily 7 24 participates in any program or placement status identified by 7 25 the director to earn the reduction. The programs include but 7 26 are not limited to the following: 7 27 Sec. 15. Section 903A.2, subsection 1, paragraph b, Code 7 28 2017, is amended to read as follows: 7 29 b. Category "B" sentences are those sentences which are 7 30 subject to a maximum accumulation of earned time of fifteen 7 31 percent of the total sentence of confinement under section 7 32 902.12 and are not category "C" sentences. An inmate of an 7 33 institution under the control of the department of corrections 7 34 who is serving a category "B" sentence is eligible for a 7 35 reduction of sentence equal to fifteen eighty=fifths of a day 8 1 for each day of good conduct by the inmate. 8 2 Sec. 16. Section 903A.2, subsection 1, Code 2017, is amended 8 3 by adding the following new paragraph: 8 4 NEW PARAGRAPH. c. Category "C" sentences are those 8 5 sentences for attempted murder described in section 707.11, 8 6 subsection 5. Notwithstanding paragraphs "a" or "b", an inmate 8 7 serving a category "C" sentence is ineligible for a reduction 8 8 of sentence under this section. 8 9 Sec. 17. Section 903A.7, Code 2017, is amended to read as 8 10 follows: 8 11 903A.7 Separate sentences. 8 12 1. Consecutive multiple sentences that are within the 8 13 same category under section 903A.2 shall be construed as one 8 14 continuous sentence for purposes of calculating reductions of 8 15 sentence for earned time. 8 16 2. If a person is sentenced to serve both category "A" 8 17 and category "B" sentencesof both categories, category 8 18 "B" sentences shall be served before category "A" sentences 8 19 are served, and earned time accrued against the category 8 20 "B" sentences shall not be used to reduce the category "A" 8 21 sentences. If an inmate serving a category "A" sentence is 8 22 sentenced to serve a category "B" sentence, the category "A" 8 23 sentence shall be interrupted, and no further earned time shall 8 24 accrue against that sentence until the category "B" sentence 8 25 is completed. 8 26 3. If a person is sentenced to serve both a category "C" 8 27 sentence and another category sentence, the category "C" 8 28 sentence shall be served before the other category sentence 8 29 is served, and no earned time shall accrue until the category 8 30 "C" sentence has been served. If an inmate serving a category 8 31 sentence other than a category "C" sentence is sentenced to 8 32 serve a category "C" sentence, the sentence of the other 8 33 category sentence shall be interrupted, and no further earned 8 34 time shall accrue against that sentence until the category "C" 8 35 sentence is completed. 9 1 EXPLANATION 9 2 The inclusion of this explanation does not constitute agreement with 9 3 the explanation's substance by the members of the general assembly. 9 4 This bill relates to criminal sentencing by modifying 9 5 criminal penalties for cocaine base and attempted murder, 9 6 making inapplicable certain provisions relating to mandatory 9 7 sentences, mandatory minimum sentences, limitations on parole 9 8 and work release, and limitations on earned time. 9 9 COCAINE BASE. The bill increases the amounts of controlled 9 10 substances containing cocaine base (crack cocaine) that 9 11 determine the criminal penalty for certain offenses. Under 9 12 the bill, if a person unlawfully manufactures, delivers, 9 13 or possesses with the intent to manufacture or deliver a 9 14 controlled substance containing cocaine base, or unlawfully 9 15 acts with, enters into a common scheme or design with, or 9 16 conspires with one or more persons to manufacture, deliver, 9 17 or possess with the intent to manufacture or deliver such 9 18 a controlled substance, the person commits the following 9 19 offenses: a class "B" felony punishable by confinement of no 9 20 more than 50 years and a fine of not more than $1 million if the 9 21 controlled substance containing cocaine base is more than 100 9 22 grams rather than the current more than 50 grams; a class "B" 9 23 felony punishable by confinement of no more than 25 years and a 9 24 fine of not less than $5,000 but not more than $100,000 if the 9 25 controlled substance is more than 20 grams but not more than 9 26 100 grams rather than the current more than 10 but not more 9 27 than 50 grams; or a class "C" felony punishable by a fine of not 9 28 less than $1,000 but not more than $50,000 if the controlled 9 29 substance containing cocaine base is 20 grams or less rather 9 30 than the current 10 grams or less. 9 31 CERTAIN DRUG OFFENSE SENTENCES. Under current law, 9 32 a person serving a sentence for a conviction under Code 9 33 section 124.401(1)(c) (class "C" felony, small quantity, 9 34 drug manufacturing, delivery, or possession with intent to 9 35 manufacture or deliver), shall not be required to serve a 10 1 minimum term of confinement as prescribed by Code sections 10 2 124.413 and 902.12, if the person has not previously been 10 3 convicted of a forcible felony and does not have a prior 10 4 conviction under Code section 124.401, subsection 1, paragraph 10 5 "a", "b", or "c". The bill strikes the requirement that a 10 6 person serving a sentence under Code section 124.401(1)(c) 10 7 serve the minimum term of confinement as prescribed by Code 10 8 sections 124.413 and 902.12, even if the person has a prior 10 9 forcible felony conviction or a prior conviction under section 10 10 124.401, subsection 1, paragraph "a", "b", or "c". 10 11 ATTEMPT TO COMMIT MURDER == PEACE OFFICER. The bill defines 10 12 "peace officer" to mean the same as defined in section 801.4. 10 13 Under the bill, a person who attempts to commit murder 10 14 against a peace officer in violation of Code section 707.11, 10 15 with the knowledge that the person against whom the attempt to 10 16 commit murder is committed is a peace officer, and while the 10 17 officer is acting within the officer's official capacity, shall 10 18 serve 100 percent of the term of confinement imposed and shall 10 19 be denied parole, work release, or other early release. 10 20 A person who commits attempt to commit murder commits a class 10 21 "B" felony. A class "B" felony is punishable by confinement 10 22 for no more than 25 years. Currently, except for the attempt 10 23 to commit murder against a peace officer in the bill, a person 10 24 who commits attempt to commit murder shall serve 70 percent of 10 25 the sentence under Code section 902.12. 10 26 After a person is sent to a correctional institution for 10 27 an attempt to commit murder against a peace officer, the 10 28 bill creates a new category "C" sentence which prohibits 10 29 such a person from accumulating earned time that reduces the 10 30 sentence of the person. If a person is sentenced to serve 10 31 both a category "C" sentence and another category sentence, 10 32 the category "C" sentence shall be served before the other 10 33 category sentence is served, and no earned time shall accrue 10 34 until the category "C" sentence has been served. The bill also 10 35 provides that if an inmate serving a category sentence other 11 1 than a category "C" sentence is sentenced to serve a category 11 2 "C" sentence, the sentence of the other category sentence shall 11 3 be interrupted, and no further earned time shall accrue against 11 4 that sentence until the category "C" sentence is completed. 11 5 STANDARD SENTENCE. As used in the bill, "standard sentence" 11 6 means a sentencing option whereby the court at sentencing 11 7 allows a person to be sentenced within the parameters 11 8 of the misdemeanor or felony offense classification and 11 9 makes inapplicable other provisions, or any combination 11 10 of such provisions, that would otherwise have the effect 11 11 of mandating a term of confinement, lengthening the term 11 12 of confinement, limiting the accumulation of earned time 11 13 pursuant to Code section 903A.2, subsection 1, paragraph "b", 11 14 limiting eligibility for parole or work release, or imposing 11 15 an additional sentence commencing upon completion of the 11 16 underlying sentence pursuant to Code chapter 903B. 11 17 The court may impose a standard sentence pursuant to the 11 18 bill if the court finds all of the following: a compelling 11 19 reason that imposing a sentence other than a standard sentence 11 20 would result in a substantial injustice to the defendant, and a 11 21 sentence other than a standard sentence is not necessary for 11 22 the protection of the public. 11 23 If a person is sentenced to a term of confinement under 11 24 a standard sentence classified as a felony, the person shall 11 25 be sentenced as provided in Code section 902.9 applicable for 11 26 that felony classification, and if the person is sentenced to a 11 27 term of confinement under a standard sentence classified as a 11 28 misdemeanor, the person shall be sentenced as provided in Code 11 29 section 903.1, and confined as provided in Code section 903.4. 11 30 The bill lists numerous criminal offenses that are not 11 31 eligible for the imposition of a standard sentence. 11 32 The bill provides that if a person commits an offense that 11 33 requires the person to register as a sex offender, a standard 11 34 sentence shall not change the requirement to register or change 11 35 the duration of registration. However, if the person is no 12 1 longer required to serve a special sentence under Code chapter 12 2 903B due to the imposition of a standard sentence, the duration 12 3 of registration shall not be less than the period specified in 12 4 Code section 692A.106(1) which is 10 years. 12 5 RECONSIDERATION OF FELON'S SENTENCE. The bill provides that 12 6 from the date a person is convicted of a felony other than a 12 7 class "A" felony or class "B" felony, and the person begins to 12 8 serve a sentence of confinement, the court on its own motion 12 9 or on the recommendation of the director of the department 12 10 of corrections, may order the person returned to the court, 12 11 and resentence the person to any sentence permitted by law. 12 12 Under current law, the reconsideration of a sentence option 12 13 is not available to a person convicted of a class "A" felony 12 14 or to a person serving a felony for which a minimum sentence 12 15 of confinement is imposed. Thus, the bill makes a person 12 16 serving a class "B" felony ineligible for a reconsideration 12 17 of a sentence but makes a person serving a felony for which 12 18 a minimum sentence of confinement is imposed, eligible for 12 19 reconsideration of the sentence. LSB 1885HV (5) 87 jm/rj
