Bill Text: IA SF445 | 2017-2018 | 87th General Assembly | Enrolled

Iowa Senate Bill 445 (Prior Session Legislation)

Bill Title: A bill for an act relating to law enforcement including the establishment of a law enforcement officer privilege, criminal sentencing, and local enforcement of certain restrictions, and modifying certain criminal penalties. (Formerly SF 241.) Effective 7-1-17.

Sponsorship: Committee Bill

Status: (Passed) 2017-05-10 - Signed by Governor. S.J. 1136. [SF445 Detail]

Download: Iowa-2017-SF445-Enrolled.html

Senate File 445 - Enrolled

SENATE FILE
BY COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 241)
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A BILL FOR
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Senate File 445

AN ACT
RELATING TO LAW ENFORCEMENT INCLUDING THE ESTABLISHMENT
OF A LAW ENFORCEMENT OFFICER PRIVILEGE, CRIMINAL SENTENCING,
AND LOCAL ENFORCEMENT OF CERTAIN RESTRICTIONS, AND MODIFYING
CERTAIN CRIMINAL PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
LAW ENFORCEMENT OFFICER PRIVILEGE
Section 1. Section 22.7, subsection 5, Code 2017, is amended
to read as follows:
5. Peace officers' investigative reports, privileged
records or information specified in section 80G.2, and specific
portions of electronic mail and telephone billing records of
law enforcement agencies if that information is part of an
ongoing investigation, except where disclosure is authorized
elsewhere in this Code. However, the date, time, specific
location, and immediate facts and circumstances surrounding a
crime or incident shall not be kept confidential under this
section, except in those unusual circumstances where disclosure
would plainly and seriously jeopardize an investigation or pose
a clear and present danger to the safety of an individual.
Specific portions of electronic mail and telephone billing
records may only be kept confidential under this subsection if
the length of time prescribed for commencement of prosecution
or the finding of an indictment or information under the
statute of limitations applicable to the crime that is under
investigation has not expired.
Sec. 2. Section 22.7, subsection 11, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Personal information in confidential personnel records
of government bodies relating to identified or identifiable
individuals who are officials, officers, or employees of the
government bodies. However, the following information relating
to such individuals contained in personnel records shall be
public records, except as otherwise provided in section 80G.3:
Sec. 3. NEW SECTION. 80G.1 Definitions.
As used in this section except as the context otherwise
requires:
1. "Compensation" means the same as defined in section 22.7,
subsection 11.
2. "Law enforcement officer" means the same as "peace
officer" as defined in section 801.4.
3. "Undercover law enforcement officer" means a law
enforcement officer who is actively involved with and assigned
to investigate alleged violations of state or federal law
and whose identity as a law enforcement officer is concealed
while conducting an investigation. "Undercover law enforcement
officer" includes a law enforcement officer actively engaged
in undercover law enforcement work whose assignment requires
the law enforcement officer to work incognito, or in a
situation in which the true identity of the law enforcement
officer is intentionally hidden from others. "Undercover law
enforcement officer" does not include a law enforcement officer
participating in undercover law enforcement work that is merely
incidental or ancillary to the law enforcement officer's
assigned duties.
Sec. 4. NEW SECTION. 80G.2 Law enforcement officer ====
privilege ==== confidentiality.
1. a. A law enforcement officer shall not be examined or
be required to give evidence in any criminal proceeding that
requires the disclosure of any records or information relating
to any of the following:
(1) Identification documents or other documents necessary
to conduct a lawful undercover criminal investigation.
(2) Personal identifying information about the law
enforcement officer or immediate family member of the law
enforcement officer, or other information unrelated to the law
enforcement officer's professional duties which could be used
to threaten, harm, or intimidate the law enforcement officer
or immediate family member of the law enforcement officer,
or other information that could reasonably be construed to
constitute an unwarranted invasion of privacy of the law
enforcement officer or immediate family member of the law
enforcement officer. Personal information that is knowingly
and voluntarily disclosed by the law enforcement officer or
immediate family member of the law enforcement officer may be
redisseminated.
b. A law enforcement officer who is called to testify shall
not disclose information that is subject to nondisclosure as a
result of a court order, statute, contract, or a condition or
requirement of a grant.
2. In determining whether nondisclosure of confidential
or privileged information about a law enforcement officer
may affect a defendant's right to present a defense, the
court shall make findings on the record regarding the impact
of disclosure on the personal safety of the law enforcement
officer or immediate family member of the law enforcement
officer if the evidence is disclosed, the probative value
of the confidential or privileged information about the
law enforcement officer, the impact of disclosure on public
safety, the potential for partial or limited disclosure of the
privileged information, and the defendant's constitutional
right to present a defense. Any privileged information that is
admitted for purposes of a pretrial hearing or a preliminary
admissibility determination shall remain confidential.
Sec. 5. NEW SECTION. 80G.3 Personnel information ====
undercover law enforcement officer ==== confidentiality.
The name, photograph, compensation and benefit records, time
records, residential address, or any other personal identifying
information of an undercover law enforcement officer shall be
confidential while the undercover law enforcement officer is
actively involved with or assigned to investigate violations
of state or federal law.
Sec. 6. NEW SECTION. 80G.4 Court determination.
Factual disputes relating to who is an undercover law
enforcement officer or what work constitutes undercover law
enforcement work shall be determined by the district court.
DIVISION II
CRIMINAL SENTENCING
Sec. 7. Section 124.401, subsection 1, paragraph a,
subparagraph (3), Code 2017, is amended to read as follows:
(3) More than fifty two hundred grams of a mixture or
substance described in subparagraph (2) which contains cocaine
base.
Sec. 8. Section 124.401, subsection 1, paragraph b,
subparagraph (3), Code 2017, is amended to read as follows:
(3) More than ten forty grams but not more than fifty
two hundred grams of a mixture or substance described in
subparagraph (2) which contains cocaine base.
Sec. 9. Section 124.401, subsection 1, paragraph c,
subparagraph (3), Code 2017, is amended to read as follows:
(3) Ten Forty grams or less of a mixture or substance
described in subparagraph (2) which contains cocaine base.
Sec. 10. Section 124.413, subsection 1, Code 2017, is
amended to read as follows:
1. Except as provided in subsection 3 and sections 901.11
and 901.12, a person sentenced pursuant to section 124.401,
subsection 1, paragraph "a", "b", "c", "e", or "f", shall not
be eligible for parole or work release until the person has
served a minimum period term of confinement of one=third of the
maximum indeterminate sentence prescribed by law.
Sec. 11. 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.
Sec. 12. Section 707.11, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. a. As used in this subsection, "peace
officer" means the same as defined in section 801.4.
b. For purposes of determining the category of sentence
under section 903A.2, the fact finder shall determine whether
the attempt to commit murder was against a peace officer, with
the knowledge that the person against whom the attempt to
commit murder was committed was a peace officer acting in the
officer's official capacity.
c. If the fact finder determines the attempt to commit
murder was against a peace officer as described in paragraph
"b", the person shall serve one hundred percent of the term of
confinement imposed and shall be denied parole, work release,
or other early release.
Sec. 13. Section 901.11, subsection 1, Code 2017, is amended
to read as follows:
1. At the time of sentencing, the court shall determine
when a person convicted under section 124.401, subsection 1,
paragraph "b" or "c", shall first become eligible for parole
or work release within the parameters described in section
124.413, subsection 3, based upon all the 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. 14. Section 901.12, subsection 1, Code 2017, is amended
to read as follows:
1. Effective July 1, 2016, and notwithstanding section
124.413, a person whose sentence commenced prior to July 1,
2016, for a conviction under section 124.401, subsection 1,
paragraph "b" or "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 first be eligible for parole or work release after the
person has served one=half of the minimum term of confinement
prescribed in section 124.413.
Sec. 15. Section 901.12, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. Effective July 1, 2017, a person whose
sentence commenced prior to July 1, 2017, for a conviction
under section 124.401, subsection 1, paragraph "c", shall not be
required to serve a minimum term of confinement as prescribed
in section 124.413.
Sec. 16. Section 902.4, Code 2017, is amended to read as
follows:
902.4 Reconsideration of felon's sentence.
For a period of one year from the date when a person
convicted of a felony, other than a class "A" or class "B"
felony or a felony for which a minimum sentence of confinement
is imposed, begins to serve a sentence of confinement, the
court, on its own motion or on the recommendation of the
director of the Iowa department of corrections, may order the
person to be returned to the court, at which time the court may
review its previous action and reaffirm it or substitute for it
any sentence permitted by law. Copies of the order to return
the person to the court shall be provided to the attorney
for the state, the defendant's attorney, and the defendant.
Upon a request of the attorney for the state, the defendant's
attorney, or the defendant if the defendant has no attorney,
the court may, but is not required to, conduct a hearing on
the issue of reconsideration of sentence. The court shall
not disclose its decision to reconsider or not to reconsider
the sentence of confinement until the date reconsideration is
ordered or the date the one=year period expires, whichever
occurs first. The district court retains jurisdiction for the
limited purposes of conducting such review and entering an
appropriate order notwithstanding the timely filing of a notice
of appeal. The court's final order in the proceeding shall be
delivered to the defendant personally or by regular mail. The
court's decision to take the action or not to take the action
is not subject to appeal. However, for the purposes of appeal,
a judgment of conviction of a felony is a final judgment when
pronounced.
Sec. 17. Section 902.12, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. Attempted murder in violation of section 707.11, except
as provided in section 707.11, subsection 5.
Sec. 18. Section 903A.2, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
Each inmate committed to the custody of the director of the
department of corrections is eligible to earn a reduction of
sentence in the manner provided in this section. For purposes
of calculating the amount of time by which an inmate's sentence
may be reduced, inmates shall be grouped into the following two
three sentencing categories:
Sec. 19. Section 903A.2, subsection 1, paragraph a,
subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
to read as follows:
Category "A" sentences are those sentences which are not
subject to a maximum accumulation of earned time of fifteen
percent of the total sentence of confinement under section
902.12 and are not category "C" sentences. To the extent
provided in subsection 5, category "A" sentences also include
life sentences imposed under section 902.1. An inmate of an
institution under the control of the department of corrections
who is serving a category "A" sentence is eligible for a
reduction of sentence equal to one and two=tenths days for each
day the inmate demonstrates good conduct and satisfactorily
participates in any program or placement status identified by
the director to earn the reduction. The programs include but
are not limited to the following:
Sec. 20. Section 903A.2, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. Category "B" sentences are those sentences which are
subject to a maximum accumulation of earned time of fifteen
percent of the total sentence of confinement under section
902.12 and are not category "C" sentences. An inmate of an
institution under the control of the department of corrections
who is serving a category "B" sentence is eligible for a
reduction of sentence equal to fifteen eighty=fifths of a day
for each day of good conduct by the inmate.
Sec. 21. Section 903A.2, subsection 1, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. Category "C" sentences are those
sentences for attempted murder described in section 707.11,
subsection 5. Notwithstanding paragraphs "a" or "b", an inmate
serving a category "C" sentence is ineligible for a reduction
of sentence under this section.
Sec. 22. Section 903A.7, Code 2017, is amended to read as
follows:
903A.7 Separate sentences.
1. Consecutive multiple sentences that are within the
same category under section 903A.2 shall be construed as one
continuous sentence for purposes of calculating reductions of
sentence for earned time.
2. If a person is sentenced to serve both category "A"
and category "B" sentences of both categories, category
"B" sentences shall be served before category "A" sentences
are served, and earned time accrued against the category
"B" sentences shall not be used to reduce the category "A"
sentences. If an inmate serving a category "A" sentence is
sentenced to serve a category "B" sentence, the category "A"
sentence shall be interrupted, and no further earned time shall
accrue against that sentence until the category "B" sentence
is completed.
3. If a person is sentenced to serve both a category "C"
sentence and another category sentence, the category "C"
sentence shall be served before the other category sentence
is served, and no earned time shall accrue until the category
"C" sentence has been served. If an inmate serving a category
sentence other than a category "C" sentence is sentenced to
serve a category "C" sentence, the sentence of the other
category sentence shall be interrupted, and no further earned
time shall accrue against that sentence until the category "C"
sentence is completed.
DIVISION III
LOCAL ENFORCEMENT OF RESTRICTIONS
Sec. 23. REPEAL. Section 152C.6, Code 2017, is repealed.

JACK WHITVER

LINDA UPMEYER

W. CHARLES SMITH

TERRY E. BRANSTA

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