HOUSE REPUBLICAN STAFF ANALYSIS Bill: Senate File 445 Committee: Judiciary Floor Manager: Rep. Hinson Date: May 4, 2017 Staff: Amanda Wille (1-5230)
House Committee: House Floor: Senate Floor: Governor:
PASSED on March 27 (20-0) PASSED on April 18 (97-0) PASSED on March 15 (49-0) PASSED on April 19 (50-0)
Peace Officer Confidentiality • SF 445 protects the privacy of peace officers. • The bill limits what information an officer can be compelled to given in a trial to protect the officer, the officer’s family and other officers in the department.
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Section by Section Analysis Section 1- Examination of Public Records (Open Records)-Confidential Records (22.7) Conforming changes to protect the information listed below from an open records search. Section 2- Examination of Public Records (Open Records)-Confidential Records (22.7) Conforming changes Section 3- Definitions (New Section 80G.1) Definitions for the section. Section 4 – Law Enforcement Officer-Privilege –Confidentiality (New Section 80G.2) A law enforcement office shall not be examined or be required to give evidence in a criminal proceeding if they are required to disclose any of the following: • Identification documents or other documents necessary for a lawful undercover criminal investigation. • Personal identifying information about an officer, their immediate family, or other information unrelated to the officer’s professional duties which could be used to threaten, harm or intimidate an officer or their family. Personal information knowingly disclosed may be redisseminated. An officer called to testify shall not disclose information that is subject to nondisclosure as a result of a court order, statute, contract or a condition of a grant. In determining whether the information should be disclosed, the court shall make findings on the record regarding the impact of disclosure on personal safety of the officer, their family, and other officers. The court 1
shall evaluate the probative value, of the information, the impact of disclosure on public safety, potential for partial or limited disclosure and the defendant’s constitutional right to present a defense. Section 5- Personnel Information- Undercover Law Enforcement Officer- Confidentiality (New Section 80G.3) Name, picture, compensation, benefits, time records, residential address, or other personal identifying information of an undercover officer shall be confidential while the undercover officer is actively involved with or assigned to investigate violations of law. Section 6- Court Determination (New Section 80G.4) Factual disputes relating to who is an undercover officer or what work constitutes undercover work shall be determined by the district court.
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Amendment Analysis H-1375-Nunn (Adopted by House and Senate) Massage Therapists- Enforcement (152C.6) Strikes section 152C.6 that deals with cities, towns and county governments and the requirement that they not enact and enforce requirements for message therapists different than those for licensed health care practitioners. 152C.6 Enforcement. No city, township, or county governmental body, agency, or department shall enact or enforce restrictions or requirements regarding massage therapists which are not equally enacted or enforced regarding all licensed health care practitioners, including but not limited to zoning, building code, health, and sanitation regulations. H-1384 by Nunn (Adopted by House and Senate) Criminal Sentencing The amendment is most of HF 579, as passed by the house. However the amendment removes the smart sentencing language that was in HF 579 and changes the cocaine vs. crack sentencing to a 2.5:1 ratio instead of 5:1. Cocaine Base These sections bring penalties for possession for crack cocaine closer to penalties for powered cocaine. If a person manufactures, delivers, or possess with the intent to manufacture or deliver crack cocaine the penalties shall be as follows: • More than 200 Grams- Class B Felony, confinement no more than 50 years and a fine not more than $1 million. (Current law is more than 50 grams). • More than 40 but not more than 200 grams- Class B Felony, confinement no more than 25 years and a fine between $5,000 and $100,000. (Current law is more than 10 but less than 50) • 40 Grams or less, class “C” felony punishable by a fine between $1,000 and $50,000 (current law is 10 grams or less) Cocaine penalty: (Current law, not being changed in bill) • 500g or less Class C felony • 5KG Class B Felony up to 25 years • Over 5KG Class B Felony up to 50 years 2
Certain Drug Offense Sentences Under current law, a person convicted under 124.401(1)(c) (Controlled Substances, class “C” felony small quantity manufacturing, delivery or possession with intent to deliver) shall not be required to serve a minimum sentence if the person has not previously been convicted of a forcible felony and does not have a prior conviction under 124.401 (manufacturers, possessors, counterfeit substances, simulated controlled substances). The bill strikes the requirement that a person serving a sentence under this code section serve a minimum sentence, even if they have a prior forcible felony or a prior conviction under 124.401. Attempt to Commit Murder-Peace Officer A person convicted of attempted murder of a peace officer shall serve 100 percent of their prison sentence and shall be denied parole, work release or other early release. Under current law, attempt to commit murder is a Class “B” felony with a 25 year maximum sentence. A person must serve 70% of this sentence. The bill creates a new category “C” sentence that prohibits a person convicted of attempted murder on a peace officer from accumulating earned time to reduce their sentence. The sentence for attempted murder on a peace officer shall be served before any other sentences and not in conjunction with any other sentences. Reconsideration of Felon’s Sentence From the time a person is convicted of a felony that is not an “A” or “B”, the court on its own motion or on the recommendation of the director of the DOC may order the person returned to court and resentence the person to any sentence permitted by law. Under current law a person convicted of a class “A” felony or someone serving a felony with a minimum sentence cannot have their sentence reconsidered.
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