Bill Text: IA HF369 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to indeterminate sentences for class "D" felonies.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-02-13 - Introduced, referred to Judiciary. H.J. 265. [HF369 Detail]

Download: Iowa-2019-HF369-Introduced.html
House File 369 - Introduced HOUSE FILE 369 BY WOLFE and STECKMAN A BILL FOR An Act relating to indeterminate sentences for class “D” 1 felonies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1217YH (3) 88 as/rh
H.F. 369 Section 1. NEW SECTION . 902.3B Indeterminate sentencing 1 options —— class “D” felonies. 2 Notwithstanding section 902.3, when a judgment of conviction 3 for a class “D” felony is entered against a person, the court, 4 in imposing a sentence of confinement, may do any of the 5 following: 6 1. Except as otherwise provided in section 321J.2, 7 subsection 5, paragraph “a” , commit the person into the custody 8 of the director of the Iowa department of corrections for an 9 indeterminate term not to exceed five years and suspend the 10 sentence subject to the person’s compliance with the conditions 11 set by the court as a requirement of the suspended sentence. 12 2. Commit the person into the custody of the director of the 13 Iowa department of corrections for an indeterminate term not to 14 exceed five years without suspending the sentence. 15 3. Except as otherwise provided in section 321J.2, 16 subsection 5, paragraph “a” , commit the person into the custody 17 of the director of the Iowa department of corrections for an 18 indeterminate term not to exceed five years, with a mandatory 19 minimum term of between thirty days and one year, to be served 20 in the county jail. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill provides that when a judgment of conviction of a 25 class “D” felony is entered against a person, the court, in 26 imposing a sentence of confinement may, except as otherwise 27 provided in Code section 321J.2(5)(a), commit the person to the 28 custody of the director of the Iowa department of corrections 29 for an indeterminate term not to exceed five years and suspend 30 the sentence subject to the person’s compliance with conditions 31 set by the court as a requirement of the suspended sentence; 32 commit the person to the custody of the director of the Iowa 33 department of corrections for an indeterminate term not to 34 exceed five years without suspending the sentence; or except 35 -1- LSB 1217YH (3) 88 as/rh 1/ 2
H.F. 369 as otherwise provided in Code section 321J.2(5)(a), commit the 1 person to the custody of the director of the Iowa department of 2 corrections for an indeterminate term not to exceed five years 3 and order the person to serve a jail sentence with a mandatory 4 minimum term of between 30 days and one year in the county 5 jail. 6 A person convicted under Code section 321J.2(5)(a) for a 7 third operating-while-intoxicated offense shall be committed to 8 the custody of the director of the department of corrections 9 for an indeterminate term not to exceed five years, with a 10 mandatory minimum term of 30 days. 11 -2- LSB 1217YH (3) 88 as/rh 2/ 2
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