Bill Text: IA HF389 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to an habitual offender, and providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-21 - Introduced, referred to Judiciary. H.J. 422. [HF389 Detail]

Download: Iowa-2017-HF389-Introduced.html

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House File 389 - Introduced




                                 HOUSE FILE       
                                 BY  FISHER

                                      A BILL FOR

  1 An Act relating to an habitual offender, and providing
  2    penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 902.8, Code 2017, is amended to read as
  1  2 follows:
  1  3    902.8  Minimum sentence == habitual offender.
  1  4    An habitual offender is any person convicted of a class "B",
  1  5  class "C", or a class "D" felony, who has twice before been
  1  6 convicted of any felony in a court of this or any other state,
  1  7 or of the United States. An offense is a felony if, by the law
  1  8 under which the person is convicted, it is so classified at
  1  9 the time of the person's conviction. A person sentenced as an
  1 10 habitual offender shall not be eligible for parole until the
  1 11 person has served the minimum sentence of confinement of three
  1 12 years.
  1 13    Sec. 2.  Section 902.9, subsection 1, paragraph c, Code 2017,
  1 14 is amended to read as follows:
  1 15    c.  An habitual offender shall be confined for no more than
  1 16 fifteen years twice the maximum sentence as determined by this
  1 17 section or as otherwise prescribed by statute.
  1 18    Sec. 3.  Section 902.12, Code 2017, is amended by adding the
  1 19 following new subsection:
  1 20    NEW SUBSECTION.  4.  A person serving a sentence for a
  1 21 conviction as an habitual offender under section 902.8 shall
  1 22 be denied parole or work release until the person has served
  1 23 at least seven=tenths of the maximum term of the person's
  1 24 sentence.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    This bill relates to an habitual offender, and provides
  1 29 penalties.
  1 30    Currently, an habitual offender is any person convicted of
  1 31 a class "C" or a class "D" felony, who has twice before been
  1 32 convicted of any felony in a court of this or any other state,
  1 33 or of the United States. In addition, current law provides
  1 34 that the maximum sentence for an habitual offender is 15 years
  1 35 of confinement upon conviction of a class "C" or class "D"
  2  1 felony, which results in five more years of confinement for a
  2  2 class "C" felony conviction and 10 more years of confinement
  2  3 for a class "D" felony conviction.
  2  4    The bill expands the persons eligible for an habitual
  2  5 offender sentence to include a person who commits a class "B"
  2  6 felony if that person has twice before been convicted of any
  2  7 felony in a court of this or any other state, or of the United
  2  8 States.
  2  9    The bill replaces the maximum habitual offender sentence
  2 10 of 15 years of confinement with a sentence that is twice the
  2 11 maximum sentence for the felony committed as determined by
  2 12 Code section 902.9 or twice the maximum sentence as otherwise
  2 13 prescribed by the statute violated.
  2 14    A person convicted as an habitual offender under the bill
  2 15 shall also be denied parole or work release until the person
  2 16 has served at least seven=tenths of the maximum term of the
  2 17 person's sentence.
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