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
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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
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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
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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
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