Bill Text: IA HF206 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to minimum sentences for certain offenders and parole and work release eligibility.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2021-01-25 - Introduced, referred to Judiciary. H.J. 191. [HF206 Detail]

Download: Iowa-2021-HF206-Introduced.html
House File 206 - Introduced HOUSE FILE 206 BY WOLFE , BROWN-POWERS , STECKMAN , ABDUL-SAMAD , McCONKEY , EHLERT , WILBURN , and KURTH A BILL FOR An Act relating to minimum sentences for certain offenders and 1 parole and work release eligibility. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1305HH (3) 89 as/rh
H.F. 206 Section 1. Section 901.11, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. a. Notwithstanding any other provision 3 of law to the contrary, at the time of sentencing, the court 4 shall determine when a person convicted of any of the criminal 5 offenses specified in section 902.12 shall first become 6 eligible for parole or work release within the parameters 7 specified in section 902.12, subsection 6, if any of the 8 following apply: 9 (1) At the time the defendant committed the offense for 10 which the defendant is being sentenced the defendant was 11 twenty-five years of age or younger. 12 (2) At the time the defendant committed the offense for 13 which the defendant is being sentenced the defendant had not 14 previously been convicted of a forcible felony as defined in 15 section 702.11. 16 b. In determining when a person shall first become eligible 17 for parole or work release under this subsection, the court 18 shall give consideration to all pertinent information including 19 but not limited to the person’s criminal record, a validated 20 risk assessment, and the negative impact the offense has had 21 on the victim or other persons. 22 Sec. 2. Section 902.12, Code 2021, is amended to read as 23 follows: 24 902.12 Minimum sentence for certain felonies —— eligibility 25 for parole or work release —— exception . 26 1. A person serving a sentence for conviction of the 27 following felonies, including a person serving a sentence 28 for conviction of the following felonies prior to July 1, 29 2003, shall be denied parole or work release unless the person 30 has served at least seven-tenths of the maximum term of the 31 person’s sentence: 32 a. Murder in the second degree in violation of section 33 707.3 . 34 b. Attempted murder in violation of section 707.11 , except 35 -1- LSB 1305HH (3) 89 as/rh 1/ 3
H.F. 206 as provided in section 707.11, subsection 5 . 1 c. Sexual abuse in the second degree in violation of section 2 709.3 . 3 d. Kidnapping in the second degree in violation of section 4 710.3 . 5 e. Robbery in the second degree in violation of section 6 711.3 , except as determined in subsection 4 . 7 f. Vehicular homicide in violation of section 707.6A, 8 subsection 1 or 2 , if the person was also convicted under 9 section 321.261, subsection 4 , based on the same facts or 10 event that resulted in the conviction under section 707.6A, 11 subsection 1 or 2 . 12 2. A person serving a sentence for a conviction of 13 child endangerment as defined in section 726.6, subsection 14 1 , paragraph “b” , that is described and punishable under 15 section 726.6, subsection 4 , shall be denied parole or work 16 release until the person has served between three-tenths and 17 seven-tenths of the maximum term of the person’s sentence as 18 determined under section 901.11, subsection 2 . 19 3. A person serving a sentence for a conviction for 20 robbery in the first degree in violation of section 711.2 21 for a conviction that occurs on or after July 1, 2018, shall 22 be denied parole or work release until the person has served 23 between one-half and seven-tenths of the maximum term of 24 the person’s sentence as determined under section 901.11, 25 subsection 3 . 26 4. A person serving a sentence for a conviction for 27 robbery in the second degree in violation of section 711.3 28 for a conviction that occurs on or after July 1, 2016, shall 29 be denied parole or work release until the person has served 30 between one-half and seven-tenths of the maximum term of 31 the person’s sentence as determined under section 901.11, 32 subsection 4 . 33 5. A person serving a sentence for a conviction for arson in 34 the first degree in violation of section 712.2 that occurs on 35 -2- LSB 1305HH (3) 89 as/rh 2/ 3
H.F. 206 or after July 1, 2019, shall be denied parole or work release 1 until the person has served between one-half and seven-tenths 2 of the maximum term of the person’s sentence as determined 3 under section 901.11, subsection 5 . 4 6. Notwithstanding this section, a person who was 5 twenty-five years of age or younger at the time of the 6 commission of an offense specified in this section, or a person 7 who had not previously been convicted of a forcible felony as 8 defined in section 702.11 at the time of the commission of the 9 offense shall be denied parole or work release until the person 10 has served between three-tenths and seven-tenths of the maximum 11 term of the person’s sentence as determined under section 12 901.11, subsection 6. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill allows a court to sentence a person to less than 17 the minimum sentence described in Code section 902.12 for 18 certain felonies if the person was either 25 years of age or 19 younger at the time of the commission of the offense or had 20 not previously been convicted of a forcible felony as defined 21 in Code section 702.11 at the time of the commission of the 22 offense. The bill makes conforming Code changes. 23 “Forcible felony” means any felonious child endangerment, 24 assault, murder, sexual abuse, kidnapping, robbery, human 25 trafficking, arson in the first degree, or burglary in the 26 first degree. 27 -3- LSB 1305HH (3) 89 as/rh 3/ 3
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