Bill Text: IA HF2064 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to the criminal offenses of child endangerment and robbery and criminal drug offenses, and providing penalties. Effective 7-1-16.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-05-12 - Signed by Governor. H.J. 999. [HF2064 Detail]
Download: Iowa-2015-HF2064-Enrolled.html
House File 2064 - Enrolled
HOUSE FILE
BY RIZER and DAWSON
\5
A BILL FOR
\1
House File 2064
AN ACT
RELATING TO THE CRIMINAL OFFENSES OF CHILD ENDANGERMENT AND
ROBBERY AND CRIMINAL DRUG OFFENSES, AND PROVIDING PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 124.413, subsection 1, Code 2016, is
amended to read as follows:
1. A Except as provided in subsection 3 and sections 901.11
and 901.12, a person sentenced pursuant to section 124.401,
subsection 1, paragraph "a", "b", "c", "e", or "f", shall not be
eligible for parole or work release until the person has served
a minimum period of confinement of one=third of the maximum
indeterminate sentence prescribed by law.
Sec. 2. Section 124.413, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. A person serving a sentence pursuant
to section 124.401, subsection 1, paragraph "b" or "c", shall
be denied parole or work release, based upon all the pertinent
information as determined by the court under section 901.11,
subsection 1, until the person has served between one=half of
the minimum term of confinement prescribed in subsection 1 and
the maximum indeterminate sentence prescribed by law.
Sec. 3. Section 711.3, Code 2016, is amended to read as
follows:
711.3 Robbery in the second degree.
All robbery which is not robbery in the first degree is
robbery in the second degree, except as provided in section
711.3A. Robbery in the second degree is a class "C" felony.
Sec. 4. NEW SECTION. 711.3A Robbery in the third degree.
1. A person commits robbery in the third degree when,
while perpetrating a robbery, the person commits an assault as
described in section 708.2, subsection 6, upon another person.
2. Robbery in the third degree is an aggravated misdemeanor.
Sec. 5. Section 802.2B, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. Child endangerment in violation of
section 726.6, subsection 4, 5, or 6.
Sec. 6. NEW SECTION. 901.11 Parole eligibility
determination by court ==== certain drug, child endangerment, and
robbery offenses.
1. At the time of sentencing, the court shall determine
when a person convicted under section 124.401, subsection 1,
paragraph "b" or "c", shall first become eligible for parole
or work release within the parameters described in section
124.413, subsection 3, based upon all the pertinent information
including the person's criminal record, a validated risk
assessment, and the negative impact the offense has had on the
victim or other persons.
2. At the time of sentencing, the court shall determine
when a person convicted of child endangerment as described
in section 902.12, subsection 2, shall first become eligible
for parole or work release within the parameters specified
in section 902.12, subsection 2, based upon all pertinent
information including the person's criminal record, a validated
risk assessment, and whether the offense involved multiple
intentional acts or a series of intentional acts, or whether
the offense involved torture or cruelty.
3. At the time of sentencing, the court shall determine when
a person convicted of robbery in the second degree as described
in section 902.12, subsection 3, shall first become eligible
for parole or work release within the parameters specified
in section 902.12, subsection 3, based upon all pertinent
information including the person's criminal record, a validated
risk assessment, and the negative impact the offense has had
on the victim or other persons.
Sec. 7. NEW SECTION. 901.12 Mandatory minimum sentence ====
parole eligibility ==== certain earlier drug offenses.
1. Effective July 1, 2016, and notwithstanding section
124.413, a person whose sentence commenced prior to July 1,
2016, for a conviction under section 124.401, subsection 1,
paragraph "b" or "c", who has not previously been convicted of
a forcible felony, and who does not have a prior conviction
under section 124.401, subsection 1, paragraph "a", "b", or "c",
shall first be eligible for parole or work release after the
person has served one=half of the minimum term of confinement
prescribed in section 124.413.
2. When the board of parole considers a person for parole or
work release pursuant to this section, the board shall consider
all pertinent information including the person's criminal
record, a validated risk assessment, and the negative impact
the offense has had on the victim or other persons.
Sec. 8. Section 902.12, Code 2016, is amended to read as
follows:
902.12 Minimum sentence for certain felonies ==== eligibility
for parole or work release.
1. A person serving a sentence for conviction of the
following felonies, including a person serving a sentence
for conviction of the following felonies prior to July 1,
2003, shall be denied parole or work release unless the person
has served at least seven=tenths of the maximum term of the
person's sentence:
1. a. Murder in the second degree in violation of section
707.3.
2. b. Attempted murder in violation of section 707.11.
3. c. Sexual abuse in the second degree in violation of
section 709.3.
4. d. Kidnapping in the second degree in violation of
section 710.3.
5. e. Robbery in the first or second degree in violation of
section 711.2 or 711.3, except as determined in subsection 3.
6. f. Vehicular homicide in violation of section 707.6A,
subsection 1 or 2, if the person was also convicted under
section 321.261, subsection 4, based on the same facts or
event that resulted in the conviction under section 707.6A,
subsection 1 or 2.
2. A person serving a sentence for a conviction of
child endangerment as defined in section 726.6, subsection
1, paragraph "b", that is described and punishable under
section 726.6, subsection 4, shall be denied parole or work
release until the person has served between three=tenths and
seven=tenths of the maximum term of the person's sentence as
determined under section 901.11, subsection 2.
3. A person serving a sentence for a conviction for
robbery in the second degree in violation of section 711.3
for a conviction that occurs on or after July 1, 2016, shall
be denied parole or work release until the person has served
between one=half and seven=tenths of the maximum term of
the person's sentence as determined under section 901.11,
subsection 3.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2064, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
-1-
