House File 155 - Introduced HOUSE FILE 155 BY RINKER , COLLINS , VONDRAN , HOLT , GUSTOFF , HENDERSON , FISHER , WILZ , MEGGERS , GERHOLD , and SHERMAN A BILL FOR An Act relating to mandatory minimum sentences relating to the 1 control, possession, receipt, or transportation of a firearm 2 or offensive weapon by a felon and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1356YH (5) 90 as/rh

H.F. 155 Section 1. Section 724.26, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. a. A person who is convicted of a felony in a state or 3 federal court, or who is adjudicated delinquent on the basis 4 of conduct that would constitute a felony if committed by an 5 adult, and who knowingly has under the person’s dominion and 6 control or possession, receives, or transports or causes to be 7 transported a firearm or offensive weapon is guilty of a class 8 “D” felony. the following: 9 (1) A class “D” felony for a first offense, with commitment 10 to the custody of the director of the department of corrections 11 for an indeterminate term not to exceed five years with a 12 mandatory minimum term of confinement of two years. 13 (2) A class “D” felony for a second offense, with commitment 14 to the custody of the director of the department of corrections 15 for an indeterminate term not to exceed five years with a 16 mandatory minimum term of confinement of four years. 17 (3) A class “C” felony for a third offense, with commitment 18 to the custody of the director of the department of corrections 19 for an indeterminate term not to exceed ten years with a 20 mandatory minimum term of confinement of seven years. 21 (4) A class “C” felony for a fourth or subsequent offense, 22 with commitment to the custody of the director of the 23 department of corrections for an indeterminate term not to 24 exceed ten years with a mandatory minimum term of confinement 25 of ten years. 26 b. The court shall not defer judgment or sentencing, 27 or suspend execution of any mandatory minimum sentence of 28 incarceration imposed by this subsection. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to mandatory minimum sentences relating 33 to the control, possession, receipt, or transportation of a 34 firearm or offensive weapon by a felon. 35 -1- LSB 1356YH (5) 90 as/rh 1/ 2

H.F. 155 Current law provides that a person who is convicted of a 1 felony in a state or federal court, or who is adjudicated 2 delinquent on the basis of conduct that would constitute a 3 felony if committed by an adult, and who knowingly has under 4 the person’s dominion and control or possession, receives, or 5 transports or causes to be transported a firearm or offensive 6 weapon is guilty of a class “D” felony. 7 The bill establishes penalties for first, second, third, and 8 fourth and subsequent violations, and requires commitment to 9 the custody of the director of the department of corrections 10 for a mandatory minimum term of incarceration. The bill 11 provides the following: a first offense is a class “D” felony 12 with a mandatory minimum term of confinement of two years; a 13 second offense is a class “D” felony with a mandatory minimum 14 term of confinement of four years; a third offense is a class 15 “C” felony with a mandatory minimum term of confinement of 16 seven years; and a fourth or subsequent offense is a class 17 “C” felony with a mandatory minimum term of confinement of 10 18 years. 19 The bill provides that the court shall not defer judgment 20 or sentencing, or suspend execution of any mandatory minimum 21 sentence of incarceration. 22 -2- LSB 1356YH (5) 90 as/rh 2/ 2