Bill Text: IA SSB1173 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-03-02 - Subcommittee Meeting: 03/02/2017 12:30PM Senate Lobbyist Lounge (Cancelled) [SSB1173 Detail]
Download: Iowa-2017-SSB1173-Introduced.html
Senate
Study
Bill
1173
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
criminal
sentencing
by
modifying
criminal
1
penalties
for
cocaine
base,
making
inapplicable
certain
2
provisions
relating
to
mandatory
sentences,
mandatory
3
minimum
sentences,
limitations
on
parole
and
work
release,
4
and
limitations
on
earned
time.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
124.401,
subsection
1,
paragraph
a,
1
subparagraph
(3),
Code
2017,
is
amended
to
read
as
follows:
2
(3)
More
than
two
hundred
fifty
grams
of
a
mixture
or
3
substance
described
in
subparagraph
(2)
which
contains
cocaine
4
base.
5
Sec.
2.
Section
124.401,
subsection
1,
paragraph
b,
6
subparagraph
(3),
Code
2017,
is
amended
to
read
as
follows:
7
(3)
More
than
ten
fifty
grams
but
not
more
than
two
hundred
8
fifty
grams
of
a
mixture
or
substance
described
in
subparagraph
9
(2)
which
contains
cocaine
base.
10
Sec.
3.
Section
124.401,
subsection
1,
paragraph
c,
11
subparagraph
(3),
Code
2017,
is
amended
to
read
as
follows:
12
(3)
Ten
Fifty
grams
or
less
of
a
mixture
or
substance
13
described
in
subparagraph
(2)
which
contains
cocaine
base.
14
Sec.
4.
Section
124.413,
subsection
3,
Code
2017,
is
amended
15
to
read
as
follows:
16
3.
A
person
serving
a
sentence
pursuant
to
section
124.401,
17
subsection
1
,
paragraph
“b”
or
“c”
,
shall
be
denied
parole
18
or
work
release,
based
upon
all
the
pertinent
information
as
19
determined
by
the
court
under
section
901.11,
subsection
1
,
20
until
the
person
has
served
between
one-half
of
the
minimum
21
term
of
confinement
prescribed
in
subsection
1
and
the
maximum
22
indeterminate
sentence
prescribed
by
law
,
except
that
a
person
23
serving
a
sentence
pursuant
to
section
124.401,
subsection
24
1,
paragraph
“c”
,
who
does
not
have
a
prior
forcible
felony
25
conviction
shall
not
be
required
to
serve
a
minimum
term
of
26
confinement
as
prescribed
by
this
section
.
27
Sec.
5.
NEW
SECTION
.
901.5C
Standard
sentence.
28
1.
a.
As
used
in
this
section,
“standard
sentence”
means
29
a
sentencing
option
whereby
the
court
at
sentencing
allows
a
30
person
to
be
sentenced
within
the
parameters
of
the
misdemeanor
31
or
felony
offense
classification
and
makes
inapplicable
other
32
provisions,
or
any
combination
of
such
provisions,
that
would
33
otherwise
have
the
effect
of
mandating
a
term
of
confinement,
34
lengthening
the
term
of
confinement,
limiting
the
accumulation
35
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of
earned
time
pursuant
to
section
903A.2,
subsection
1,
1
paragraph
“b”
,
limiting
eligibility
for
parole
or
work
release,
2
or
imposing
an
additional
sentence
commencing
upon
completion
3
of
the
underlying
sentence
pursuant
to
chapter
903B.
4
b.
(1)
If
a
person
is
sentenced
to
a
term
of
confinement
5
under
a
standard
sentence
classified
as
a
felony,
the
term
of
6
the
person’s
sentence
shall
be
as
provided
in
section
902.9
7
applicable
to
the
classification
of
the
offense.
8
(2)
If
a
person
is
sentenced
to
a
term
of
confinement
under
9
a
standard
sentence
classified
as
a
misdemeanor,
the
term
of
10
the
person’s
sentence
shall
be
as
provided
in
section
903.1,
11
with
the
place
of
confinement
as
provided
in
section
903.4.
12
2.
The
court
may
impose
a
standard
sentence
if
the
court
13
finds
all
of
the
following:
14
a.
A
compelling
reason
that
imposing
a
sentence
other
than
15
a
standard
sentence
would
result
in
a
substantial
injustice
to
16
the
defendant.
17
b.
A
sentence
other
than
a
standard
sentence
is
not
18
necessary
for
the
protection
of
the
public.
19
3.
A
standard
sentence
shall
not
be
imposed
for
the
20
following
offenses:
21
a.
Operating
while
intoxicated
in
violation
of
section
22
321J.2.
23
b.
Any
class
“A”
felony
offense.
24
c.
Murder
in
the
second
degree
in
violation
of
section
25
707.3.
26
d.
Domestic
abuse
assault
in
violation
of
section
708.2A.
27
e.
Assault
in
violation
of
individual
rights
in
violation
of
28
section
708.2C,
subsection
2,
3,
or
4.
29
f.
Assault
while
participating
in
a
felony,
in
violation
of
30
section
708.3,
subsection
1.
31
g.
Assaults
on
persons
engaged
in
certain
occupations
in
32
violation
of
section
708.3A.
33
h.
Inmate
assaults
in
violation
of
section
708.3B.
34
i.
Willful
injury
in
violation
of
section
708.4.
35
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j.
Administering
harmful
substances
in
violation
of
section
1
708.5.
2
k.
Intimidation
with
a
dangerous
weapon
in
violation
of
3
section
708.6.
4
l.
Harassment
in
violation
of
section
708.7,
subsection
2.
5
m.
Going
armed
with
intent
in
violation
of
section
708.8.
6
n.
Hazing
in
violation
of
section
708.10,
subsection
3.
7
o.
Stalking
in
violation
of
section
708.11,
subsection
3,
8
paragraph
“a”
or
“b”
.
9
p.
Removal
of
an
officer’s
communication
or
control
device
10
in
violation
of
section
708.12.
11
q.
Disarming
a
peace
officer
of
a
dangerous
weapon
in
12
violation
of
section
708.13.
13
r.
A
violation
of
chapter
708A.
14
s.
A
violation
of
section
708B.1.
15
t.
A
violation
of
chapter
709,
except
a
violation
of
16
section
709.4,
subsection
1,
paragraph
“b”
,
subparagraph
(3),
17
subparagraph
division
(d).
18
u.
Kidnapping
in
the
second
degree
in
violation
of
section
19
710.3.
20
v.
Child
stealing
in
violation
of
section
710.5.
21
w.
Enticing
a
minor
in
violation
of
section
710.10,
22
subsection
1,
2,
or
3.
23
x.
Purchase
or
sale
of
individual
in
violation
of
section
24
710.11.
25
y.
A
violation
of
chapter
710A.
26
z.
Robbery
in
the
first
degree
in
violation
of
section
27
711.2.
28
aa.
Extortion
in
violation
of
section
711.4,
subsection
1,
29
paragraph
“a”
.
30
ab.
Arson
in
the
first
degree
in
violation
of
section
712.2.
31
ac.
Threats
in
violation
of
section
712.8.
32
ad.
Burglary
in
the
first
degree
in
violation
of
section
33
713.3.
34
ae.
Attempted
burglary
in
the
first
degree
in
violation
of
35
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section
713.4.
1
af.
Prostitution
in
violation
of
section
725.1,
subsection
2
2,
paragraph
“b”
.
3
ag.
Pimping
in
violation
of
section
725.2,
subsection
2.
4
ah.
Pandering
in
violation
of
section
725.3,
subsection
2.
5
ai.
Incest
in
violation
of
section
726.2.
6
aj.
Child
endangerment
in
violation
of
section
726.6,
7
subsection
4,
5,
or
6.
8
ak.
Multiple
acts
of
child
endangerment
in
violation
of
9
section
726.6A.
10
al.
Wanton
neglect
of
a
resident
of
a
health
care
facility
11
in
violation
of
section
726.7.
12
am.
Wanton
neglect
or
nonsupport
of
a
dependent
adult
in
13
violation
of
section
726.8.
14
an.
A
violation
of
section
728.12.
15
ao.
Violation
of
individual
rights
in
violation
of
section
16
729A.2.
17
4.
If
a
person
commits
an
offense
that
requires
the
person
18
to
register
as
a
sex
offender
under
chapter
692A,
a
standard
19
sentence
shall
not
change
the
requirement
to
register
or
change
20
the
duration
of
registration.
However,
if
the
person
is
no
21
longer
required
to
serve
a
special
sentence
under
chapter
903B
22
due
to
the
imposition
of
a
standard
sentence,
the
duration
of
23
registration
shall
not
be
less
than
the
period
specified
in
24
section
692A.106,
subsection
1.
25
Sec.
6.
Section
901.11,
Code
2017,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
4.
At
the
time
of
sentencing,
the
court
28
shall
determine
when
a
person
convicted
of
robbery
in
the
first
29
degree
as
described
in
section
902.12,
subsection
4,
shall
30
first
become
eligible
for
parole
or
work
release
within
the
31
parameters
specified
in
section
902.12,
subsection
4,
based
32
upon
all
pertinent
information
including
the
person’s
criminal
33
record,
a
validated
risk
assessment,
and
the
negative
impact
34
the
offense
has
had
on
the
victim
or
other
persons.
35
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Sec.
7.
Section
901.12,
Code
2017,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
Effective
July
1,
2017,
and
3
notwithstanding
section
124.413,
a
person
whose
sentence
4
commenced
prior
to
July
1,
2017,
for
a
conviction
under
section
5
124.401,
subsection
1,
paragraph
“c”
,
who
has
not
previously
6
been
convicted
of
a
forcible
felony,
and
who
does
not
have
a
7
prior
conviction
under
section
124.401,
subsection
1,
paragraph
8
“a”
,
“b”
,
or
“c”
,
shall
not
be
required
to
serve
a
minimum
term
9
of
confinement
as
prescribed
by
this
section.
10
Sec.
8.
NEW
SECTION
.
901.13
Minimum
sentence
——
parole
or
11
work
release
eligibility
——
robbery
in
the
first
degree.
12
1.
Effective
July
1,
2017,
a
person
whose
sentence
commenced
13
prior
to
July
1,
2017,
for
a
conviction
under
section
711.2,
14
who
has
not
previously
been
convicted
of
a
forcible
felony,
15
shall
first
be
eligible
for
parole
or
work
release
after
the
16
person
has
served
one-half
of
the
minimum
term
of
confinement
17
prescribed
in
section
902.12.
18
Sec.
9.
Section
902.12,
Code
2017,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
4.
A
person
serving
a
sentence
for
a
21
conviction
for
robbery
in
the
first
degree
in
violation
of
22
section
711.2
for
a
conviction
that
occurs
on
or
after
July
1,
23
2017,
shall
be
denied
parole
or
work
release
until
the
person
24
has
served
between
one-half
and
seven-tenths
of
the
maximum
25
term
of
the
person’s
sentence
as
determined
under
section
26
901.11,
subsection
4.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
criminal
sentencing
by
modifying
31
criminal
penalties
for
cocaine
base,
making
inapplicable
32
certain
provisions
relating
to
mandatory
sentences,
mandatory
33
minimum
sentences,
limitations
on
parole
and
work
release,
and
34
limitations
on
earned
time.
35
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COCAINE
BASE.
The
bill
increases
the
amounts
of
controlled
1
substances
containing
cocaine
base
(crack
cocaine)
that
2
determine
the
criminal
penalty
for
certain
offenses.
Under
3
the
bill,
if
a
person
unlawfully
manufactures,
delivers,
4
or
possesses
with
the
intent
to
manufacture
or
deliver
a
5
controlled
substance
containing
cocaine
base,
or
unlawfully
6
acts
with,
enters
into
a
common
scheme
or
design
with,
or
7
conspires
with
one
or
more
persons
to
manufacture,
deliver,
8
or
possess
with
the
intent
to
manufacture
or
deliver
such
9
a
controlled
substance,
the
person
commits
the
following
10
offenses:
a
class
“B”
felony
punishable
by
confinement
of
no
11
more
than
50
years
and
a
fine
of
not
more
than
$1
million
if
the
12
controlled
substance
containing
cocaine
base
is
more
than
250
13
grams
rather
than
the
current
more
than
50
grams;
a
class
“B”
14
felony
punishable
by
confinement
of
no
more
than
25
years
and
a
15
fine
of
not
less
than
$5,000
but
not
more
than
$100,000
if
the
16
controlled
substance
is
more
than
50
grams
but
not
more
than
17
250
grams
rather
than
the
current
more
than
10
but
not
more
18
than
50
grams;
or
a
class
“C”
felony
punishable
by
a
fine
of
not
19
less
than
$1,000
but
not
more
than
$50,000
if
the
controlled
20
substance
containing
cocaine
base
is
50
grams
or
less
rather
21
than
the
current
10
grams
or
less.
22
CERTAIN
DRUG
OFFENSE
SENTENCES
THAT
COMMENCED
PRIOR
TO
JULY
23
1,
2017.
Effective
July
1,
2017,
the
bill
provides
that
a
24
person
whose
sentence
commenced
prior
to
July
1,
2017,
for
a
25
conviction
under
Code
section
124.401(1)(c)
(class
“C”
felony
26
small
quantity,
drug
manufacturing,
delivery,
or
possession
27
with
intent
to
manufacture
or
deliver
offenses),
who
has
not
28
been
previously
convicted
of
a
forcible
felony,
and
who
does
29
not
have
a
prior
conviction
under
Code
section
124.401(1)(a),
30
(b),
or
(c),
shall
not
be
required
to
serve
a
minimum
term
of
31
confinement
as
prescribed
by
Code
section
124.413.
32
CERTAIN
DRUG
OFFENSE
SENTENCES
BEING
SERVED
ON
OR
AFTER
JULY
33
1,
2017.
A
person
serving
a
sentence
for
a
conviction
under
34
Code
section
124.401(1)(c)
(class
“C”
felony,
small
quantity,
35
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drug
manufacturing,
delivery,
or
possession
with
intent
to
1
manufacture
or
deliver),
shall
not
be
required
to
serve
a
2
minimum
term
of
confinement
as
prescribed
by
Code
section
3
124.413,
if
the
person
has
not
previously
been
convicted
of
a
4
forcible
felony.
5
STANDARD
SENTENCE.
As
used
in
the
bill,
“standard
sentence”
6
means
a
sentencing
option
whereby
the
court
at
sentencing
7
allows
a
person
to
be
sentenced
within
the
parameters
8
of
the
misdemeanor
or
felony
offense
classification
and
9
makes
inapplicable
other
provisions,
or
any
combination
10
of
such
provisions,
that
would
otherwise
have
the
effect
11
of
mandating
a
term
of
confinement,
lengthening
the
term
12
of
confinement,
limiting
the
accumulation
of
earned
time
13
pursuant
to
Code
section
903A.2,
subsection
1,
paragraph
“b”,
14
limiting
eligibility
for
parole
or
work
release,
or
imposing
15
an
additional
sentence
commencing
upon
completion
of
the
16
underlying
sentence
pursuant
to
Code
chapter
903B.
17
The
court
may
impose
a
standard
sentence
pursuant
to
the
18
bill
if
the
court
finds
all
of
the
following:
a
compelling
19
reason
that
imposing
a
sentence
other
than
a
standard
sentence
20
would
result
in
a
substantial
injustice
to
the
defendant,
and
a
21
sentence
other
than
a
standard
sentence
is
not
necessary
for
22
the
protection
of
the
public.
23
If
a
person
is
sentenced
to
a
term
of
confinement
under
24
a
standard
sentence
classified
as
a
felony,
the
person
shall
25
be
sentenced
as
provided
in
Code
section
902.9
applicable
for
26
that
felony
classification,
and
if
the
person
is
sentenced
to
a
27
term
of
confinement
under
a
standard
sentence
classified
as
a
28
misdemeanor,
the
person
shall
be
sentenced
as
provided
in
Code
29
section
903.1,
and
confined
as
provided
in
Code
section
903.4.
30
The
bill
lists
numerous
criminal
offenses
that
are
not
31
eligible
for
the
imposition
of
a
standard
sentence.
32
The
bill
provides
that
if
a
person
commits
an
offense
that
33
requires
the
person
to
register
as
a
sex
offender,
a
standard
34
sentence
shall
not
change
the
requirement
to
register
or
change
35
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S.F.
_____
the
duration
of
registration.
However,
if
the
person
is
no
1
longer
required
to
serve
a
special
sentence
under
Code
chapter
2
903B
due
to
the
imposition
of
a
standard
sentence,
the
duration
3
of
registration
shall
not
be
less
than
the
period
specified
in
4
Code
section
692A.106(1)
which
is
10
years.
5
ROBBERY
IN
THE
FIRST
DEGREE
SENTENCES
THAT
COMMENCED
PRIOR
6
TO
JULY
1,
2017.
Effective
July
1,
2017,
the
bill
provides
7
that
a
person
whose
sentence
commenced
prior
to
July
1,
2017,
8
for
a
robbery
in
the
first
degree
conviction
under
Code
section
9
711.2,
who
has
not
previously
been
convicted
of
a
forcible
10
felony,
shall
first
be
eligible
for
parole
or
work
release
11
after
the
person
has
served
one-half
of
the
minimum
term
of
12
confinement
prescribed
in
Code
section
902.12.
13
ROBBERY
IN
THE
FIRST
DEGREE.
The
bill
provides
that
an
14
offender
serving
a
sentence
for
a
conviction
for
robbery
in
15
the
first
degree
for
a
conviction
that
occurs
on
or
after
July
16
1,
2017,
shall
serve
between
50
and
70
percent
of
a
25-year
17
class
“B”
felony
sentence.
In
determining
when
the
person
18
first
becomes
eligible
for
parole
or
work
release
within
the
19
parameters
of
50
and
70
percent
of
the
25-year
sentence,
20
the
sentencing
court
shall
base
its
determination
upon
all
21
pertinent
information
including
the
person’s
criminal
record,
a
22
validated
risk
assessment,
and
the
negative
impact
the
offense
23
has
had
on
the
victim
or
other
persons.
24
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