Bill Text: IA HF2064 | 2015-2016 | 86th General Assembly | Enrolled

Iowa House Bill 2064 (Prior Session Legislation)

IA State Legislature page for HF2064

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.

Sponsorship: 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

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