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 TLSB 1885XC (3) 87 jm/rj
S.F. _____ 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 -1- LSB 1885XC (3) 87 jm/rj 1/ 8
S.F. _____ 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 -2- LSB 1885XC (3) 87 jm/rj 2/ 8
S.F. _____ 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 -3- LSB 1885XC (3) 87 jm/rj 3/ 8
S.F. _____ 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 -4- LSB 1885XC (3) 87 jm/rj 4/ 8
S.F. _____ 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 -5- LSB 1885XC (3) 87 jm/rj 5/ 8
S.F. _____ 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 -6- LSB 1885XC (3) 87 jm/rj 6/ 8
S.F. _____ 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 -7- LSB 1885XC (3) 87 jm/rj 7/ 8
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 -8- LSB 1885XC (3) 87 jm/rj 8/ 8
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