Bill Text: IA HF2230 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal law including the disclosure of communications in professional confidence to a defendant and criminal sentencing and corrections, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-02 - Introduced, referred to Public Safety. H.J. 170. [HF2230 Detail]
Download: Iowa-2021-HF2230-Introduced.html
House
File
2230
-
Introduced
HOUSE
FILE
2230
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
criminal
law
including
the
disclosure
of
1
communications
in
professional
confidence
to
a
defendant
and
2
criminal
sentencing
and
corrections,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
622.10,
subsection
4,
Code
2022,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
4.
The
confidentiality
privilege
under
this
section
shall
4
be
absolute
with
regard
to
a
criminal
action
and
this
section
5
shall
not
be
construed
to
authorize
or
require
the
disclosure
6
of
any
privileged
records
to
a
defendant
in
a
criminal
7
action
unless
the
privilege
holder
voluntarily
waives
the
8
confidentiality
privilege.
9
Sec.
2.
Section
901.11,
subsections
2,
3,
4,
and
5,
Code
10
2022,
are
amended
to
read
as
follows:
11
2.
At
the
time
of
sentencing,
the
court
shall
determine
12
when
a
person
convicted
of
child
endangerment
as
described
in
13
section
902.12,
subsection
2
3
,
shall
first
become
eligible
14
for
parole
or
work
release
within
the
parameters
specified
15
in
section
902.12,
subsection
2
3
,
based
upon
all
pertinent
16
information
including
the
person’s
criminal
record,
a
validated
17
risk
assessment,
and
whether
the
offense
involved
multiple
18
intentional
acts
or
a
series
of
intentional
acts,
or
whether
19
the
offense
involved
torture
or
cruelty.
20
3.
At
the
time
of
sentencing,
the
court
shall
determine
when
21
a
person
convicted
of
robbery
in
the
first
degree
as
described
22
in
section
902.12,
subsection
3
4
,
shall
first
become
eligible
23
for
parole
or
work
release
within
the
parameters
specified
24
in
section
902.12,
subsection
3
4
,
based
upon
all
pertinent
25
information
including
the
person’s
criminal
record,
a
validated
26
risk
assessment,
and
the
negative
impact
the
offense
has
had
27
on
the
victim
or
other
persons.
28
4.
At
the
time
of
sentencing,
the
court
shall
determine
when
29
a
person
convicted
of
robbery
in
the
second
degree
as
described
30
in
section
902.12,
subsection
4
5
,
shall
first
become
eligible
31
for
parole
or
work
release
within
the
parameters
specified
32
in
section
902.12,
subsection
4
5
,
based
upon
all
pertinent
33
information
including
the
person’s
criminal
record,
a
validated
34
risk
assessment,
and
the
negative
impact
the
offense
has
had
35
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on
the
victim
or
other
persons.
1
5.
At
the
time
of
sentencing,
the
court
shall
determine
when
2
a
person
convicted
of
arson
in
the
first
degree
as
described
3
in
section
902.12,
subsection
5
6
,
shall
first
become
eligible
4
for
parole
or
work
release
within
the
parameters
specified
5
in
section
902.12,
subsection
5
6
,
based
upon
all
pertinent
6
information
including
the
person’s
criminal
record,
a
validated
7
risk
assessment,
and
the
negative
impact
the
offense
has
had
8
on
the
victim
or
other
persons.
9
Sec.
3.
Section
902.12,
Code
2022,
is
amended
to
read
as
10
follows:
11
902.12
Minimum
sentence
for
certain
felonies
——
eligibility
12
for
parole
or
work
release.
13
1.
A
person
serving
a
sentence
for
conviction
of
any
of
14
the
following
felonies
that
occur
on
or
after
July
1,
2023,
if
15
other
than
a
class
“A”
felony,
shall
be
denied
parole
or
work
16
release
unless
the
person
has
served
at
least
nine-tenths
of
17
the
maximum
term
of
the
person’s
sentence:
18
a.
Homicide
or
a
related
crime
in
violation
of
chapter
707.
19
b.
Assault
in
violation
of
chapter
708.
20
c.
Terrorism
in
violation
of
chapter
708A.
21
d.
Sexual
abuse
in
violation
of
chapter
709.
22
e.
Kidnapping
or
related
offenses
in
violation
of
chapter
23
710.
24
f.
Human
trafficking
in
violation
of
chapter
710A,
except
25
for
a
violation
of
section
710A.2A.
26
g.
Robbery,
aggravated
theft,
or
extortion
in
violation
of
27
chapter
711.
28
h.
Arson
in
violation
of
chapter
712.
29
i.
Burglary
in
violation
of
chapter
713,
except
for
a
30
violation
of
section
713.7.
31
j.
Criminal
gang
participation
or
gang
recruitment
in
32
violation
of
chapter
723A.
33
1.
2.
A
person
serving
a
sentence
for
conviction
of
any
of
34
the
following
felonies
,
including
a
person
serving
a
sentence
35
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for
conviction
of
the
following
felonies
that
occur
prior
to
1
July
1,
2003
2022
,
shall
be
denied
parole
or
work
release
2
unless
the
person
has
served
at
least
seven-tenths
of
the
3
maximum
term
of
the
person’s
sentence:
4
a.
Murder
in
the
second
degree
in
violation
of
section
5
707.3
.
6
b.
Attempted
murder
in
violation
of
section
707.11
,
except
7
as
provided
in
section
707.11,
subsection
5
.
8
c.
Sexual
abuse
in
the
second
degree
in
violation
of
section
9
709.3
.
10
d.
Kidnapping
in
the
second
degree
in
violation
of
section
11
710.3
.
12
e.
Robbery
in
the
second
degree
in
violation
of
section
13
711.3
,
except
as
determined
in
subsection
4
5
.
14
f.
Vehicular
homicide
in
violation
of
section
707.6A,
15
subsection
1
or
2
,
if
the
person
was
also
convicted
under
16
section
321.261,
subsection
4
,
based
on
the
same
facts
or
17
event
that
resulted
in
the
conviction
under
section
707.6A,
18
subsection
1
or
2
.
19
2.
3.
A
person
serving
a
sentence
for
a
conviction
of
20
child
endangerment
as
defined
in
section
726.6,
subsection
21
1
,
paragraph
“b”
,
that
is
described
and
punishable
under
22
section
726.6,
subsection
5
,
shall
be
denied
parole
or
work
23
release
until
the
person
has
served
between
three-tenths
and
24
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
25
determined
under
section
901.11,
subsection
2
.
26
3.
4.
A
person
serving
a
sentence
for
a
conviction
for
27
robbery
in
the
first
degree
in
violation
of
section
711.2
for
28
a
conviction
that
occurs
on
or
after
July
1,
2018
prior
to
29
July
1,
2022
,
shall
be
denied
parole
or
work
release
until
30
the
person
has
served
between
one-half
and
seven-tenths
of
31
the
maximum
term
of
the
person’s
sentence
as
determined
under
32
section
901.11,
subsection
3
.
33
4.
5.
A
person
serving
a
sentence
for
a
conviction
for
34
robbery
in
the
second
degree
in
violation
of
section
711.3
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for
a
conviction
that
occurs
on
or
after
July
1,
2016
prior
1
to
July
1,
2022
,
shall
be
denied
parole
or
work
release
until
2
the
person
has
served
between
one-half
and
seven-tenths
of
3
the
maximum
term
of
the
person’s
sentence
as
determined
under
4
section
901.11,
subsection
4
.
5
5.
6.
A
person
serving
a
sentence
for
a
conviction
for
6
arson
in
the
first
degree
in
violation
of
section
712.2
that
7
occurs
on
or
after
July
1,
2019
prior
to
July
1,
2022
,
shall
8
be
denied
parole
or
work
release
until
the
person
has
served
9
between
one-half
and
seven-tenths
of
the
maximum
term
of
10
the
person’s
sentence
as
determined
under
section
901.11,
11
subsection
5
.
12
Sec.
4.
Section
903A.2,
subsection
1,
paragraph
c,
Code
13
2022,
is
amended
to
read
as
follows:
14
c.
Category
“C”
sentences
are
those
sentences
for
attempted
15
murder
described
in
section
707.11,
subsection
5
,
and
sentences
16
for
the
offenses
described
in
section
902.12,
subsection
1
.
17
Notwithstanding
paragraphs
paragraph
“a”
or
“b”
,
an
inmate
18
serving
a
category
“C”
sentence
is
ineligible
for
a
reduction
19
of
sentence
under
this
section
.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
criminal
law
including
the
disclosure
24
of
communications
in
professional
confidence
to
a
defendant
25
and
criminal
sentencing
and
corrections,
and
makes
penalties
26
applicable.
27
The
bill
provides
that
for
purposes
of
a
defendant
seeking
28
access
to
privileged
records
in
a
criminal
action,
the
29
confidentiality
privilege
shall
be
absolute
and
shall
not
30
be
construed
to
authorize
or
require
the
disclosure
of
any
31
privileged
records
to
a
defendant
unless
the
privilege
holder
32
voluntarily
waives
the
confidentiality
privilege.
33
Current
law
requires
that
a
person
shall
be
denied
parole
or
34
work
release
unless
the
person
has
served
at
least
seven-tenths
35
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of
the
maximum
term
of
the
person’s
sentence
for
the
most
1
serious
felonies.
The
bill
provides
that
a
person
convicted
2
of
certain
felonies
on
or
after
July
1,
2023,
except
for
a
3
violation
classified
as
a
class
“A”
felony,
shall
be
denied
4
parole
or
work
release
unless
the
person
has
served
at
least
5
nine-tenths
of
the
maximum
term
of
the
person’s
sentence.
6
Felonies
requiring
a
person
to
serve
nine-tenths
of
the
7
maximum
term
of
the
person’s
sentence
include
homicide
or
a
8
related
crime
(Code
chapter
707);
assault
(Code
chapter
708);
9
terrorism
(Code
chapter
708A);
sexual
abuse
(Code
chapter
709);
10
kidnapping
and
related
offenses
(Code
chapter
710);
human
11
trafficking
except
for
a
violation
of
Code
section
710A.2A
12
(Code
chapter
710A);
robbery,
aggravated
theft,
or
extortion
13
(Code
chapter
711);
arson
(Code
chapter
712);
burglary,
except
14
for
a
violation
of
Code
section
713.7
(Code
chapter
713);
and
15
criminal
gang
participation
or
gang
recruitment
(Code
chapter
16
723A).
17
The
bill
provides
that
for
earned
time
purposes,
sentences
18
for
attempted
murder
described
in
Code
section
707.11(5)
19
(attempt
to
commit
murder
of
a
peace
officer),
and
sentences
20
for
any
of
the
offenses
described
in
Code
section
902.12(1)
21
(minimum
sentences
for
certain
felonies),
shall
be
classified
22
as
category
“C”
sentences.
An
inmate
serving
a
category
“C”
23
sentence
is
ineligible
for
a
reduction
of
sentence
under
Code
24
section
903A.2.
25
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