Bill Text: IA HF545 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to minimum sentences for certain felonies and parole and work release eligibility, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-27 - Introduced, referred to Judiciary. H.J. 369. [HF545 Detail]
Download: Iowa-2019-HF545-Introduced.html
House
File
545
-
Introduced
HOUSE
FILE
545
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
minimum
sentences
for
certain
felonies
1
and
parole
and
work
release
eligibility,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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545
Section
1.
Section
901.11,
Code
2019,
is
amended
to
read
as
1
follows:
2
901.11
Parole
or
work
release
eligibility
determination
——
3
certain
drug
,
child
endangerment,
and
robbery
felony
offenses.
4
1.
At
the
time
of
sentencing,
the
court
shall
determine
5
when
a
person
convicted
under
section
124.401,
subsection
6
1
,
paragraph
“b”
,
shall
first
become
eligible
for
parole
7
or
work
release
within
the
parameters
described
in
section
8
124.413,
subsection
3
,
based
upon
all
the
pertinent
information
9
including
the
person’s
criminal
record,
a
validated
risk
10
assessment,
and
the
negative
impact
the
offense
has
had
on
the
11
victim
or
other
persons.
12
2.
At
the
time
of
sentencing,
the
court
shall
determine
13
when
a
person
convicted
of
child
endangerment
as
described
in
14
section
902.12,
subsection
2
any
of
the
felonies
described
in
15
section
902.12
,
shall
first
become
eligible
for
parole
or
work
16
release
within
the
parameters
specified
in
section
902.12,
17
subsection
2
,
based
upon
all
pertinent
information
including
18
the
person’s
criminal
record,
a
validated
risk
assessment,
the
19
negative
impact
the
offense
has
had
on
the
victim
or
other
20
persons,
and
whether
the
offense
involved
multiple
intentional
21
acts
or
a
series
of
intentional
acts,
or
whether
the
offense
22
involved
torture
or
cruelty.
23
3.
At
the
time
of
sentencing,
the
court
shall
determine
when
24
a
person
convicted
of
robbery
in
the
second
degree
as
described
25
in
section
902.12,
subsection
3
,
shall
first
become
eligible
26
for
parole
or
work
release
within
the
parameters
specified
27
in
section
902.12,
subsection
3
,
based
upon
all
pertinent
28
information
including
the
person’s
criminal
record,
a
validated
29
risk
assessment,
and
the
negative
impact
the
offense
has
had
30
on
the
victim
or
other
persons.
31
Sec.
2.
Section
902.12,
Code
2019,
is
amended
to
read
as
32
follows:
33
902.12
Minimum
sentence
for
certain
felonies
——
eligibility
34
for
parole
or
work
release.
35
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545
1.
A
person
serving
a
sentence
for
conviction
of
the
1
following
felonies,
including
a
person
serving
a
sentence
for
2
conviction
of
the
following
felonies
prior
to
July
1,
2003
3
2019
,
shall
be
denied
parole
or
work
release
unless
the
person
4
has
served
at
least
seven-tenths
of
the
maximum
term
of
the
5
person’s
sentence
until
the
person
has
served
between
one-half
6
and
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
7
as
determined
under
section
901.11,
subsection
2
:
8
a.
1.
Murder
in
the
second
degree
in
violation
of
section
9
707.3
.
10
b.
2.
Attempted
murder
in
violation
of
section
707.11
,
11
except
as
provided
in
section
707.11,
subsection
5
.
12
c.
3.
Sexual
abuse
in
the
second
degree
in
violation
of
13
section
709.3
.
14
d.
4.
Kidnapping
in
the
second
degree
in
violation
of
15
section
710.3
.
16
e.
5.
Robbery
in
the
first
or
second
degree
in
violation
of
17
section
711.2
or
711.3
,
except
as
determined
in
subsection
3
.
18
f.
6.
Vehicular
homicide
in
violation
of
section
707.6A,
19
subsection
1
or
2
,
if
the
person
was
also
convicted
under
20
section
321.261,
subsection
4
,
based
on
the
same
facts
or
21
event
that
resulted
in
the
conviction
under
section
707.6A,
22
subsection
1
or
2
.
23
2.
7.
A
person
serving
a
sentence
for
a
conviction
of
child
24
Child
endangerment
as
defined
in
section
726.6,
subsection
25
1
,
paragraph
“b”
,
that
is
described
and
punishable
under
26
section
726.6,
subsection
4
,
shall
be
denied
parole
or
work
27
release
until
the
person
has
served
between
three-tenths
and
28
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
29
determined
under
section
901.11,
subsection
2
.
30
3.
A
person
serving
a
sentence
for
a
conviction
for
31
robbery
in
the
second
degree
in
violation
of
section
711.3
32
for
a
conviction
that
occurs
on
or
after
July
1,
2016,
shall
33
be
denied
parole
or
work
release
until
the
person
has
served
34
between
one-half
and
seven-tenths
of
the
maximum
term
of
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the
person’s
sentence
as
determined
under
section
901.11,
1
subsection
3
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
minimum
sentences
for
certain
felonies
6
and
parole
and
work
release
eligibility,
and
provides
7
penalties.
8
Under
current
Code
section
902.12,
a
person
shall
be
denied
9
parole
or
work
release
until
at
least
seven-tenths
of
the
10
maximum
term
of
the
person’s
sentence
is
served
for
convictions
11
of
murder
in
the
second
degree,
attempted
murder
not
involving
12
a
peace
officer,
sexual
abuse
in
the
second
degree,
kidnapping
13
in
the
second
degree,
robbery
in
the
first
degree,
robbery
in
14
the
second
degree
occurring
before
July
1,
2016,
and
vehicular
15
homicide
where
a
person
failed
to
remain
at
the
scene
of
the
16
accident.
Current
law
also
requires
that
a
person
convicted
17
of
child
endangerment
resulting
in
the
death
of
a
minor
child
18
shall
be
denied
parole
or
work
release
until
the
person
has
19
served
between
three-tenths
and
seven-tenths
of
the
maximum
20
term
of
the
person’s
sentence,
and
that
a
person
convicted
of
21
second
degree
robbery
that
occurred
on
or
after
July
1,
2016,
22
shall
be
denied
parole
or
work
release
until
the
person
has
23
served
between
one-half
and
seven-tenths
of
the
maximum
term
of
24
the
person’s
sentence.
25
The
bill
amends
current
law
to
provide
that
a
person
serving
26
a
sentence
for
a
conviction,
including
a
person
serving
a
27
sentence
for
a
conviction
prior
to
July
1,
2019,
for
any
of
28
the
following
felonies
shall
be
denied
parole
or
work
release
29
until
the
person
has
served
between
one-half
and
seven-tenths
30
of
the
maximum
term
of
the
person’s
sentence
as
determined
31
under
Code
section
901.11(2):
murder
in
the
second
degree;
32
attempted
murder,
except
attempted
murder
against
a
peace
33
officer;
sexual
abuse
in
the
second
degree;
kidnapping
in
the
34
second
degree;
robbery
in
the
first
or
second
degree;
vehicular
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homicide
when
the
person
unintentionally
causes
the
death
of
1
another
by
operating
a
motor
vehicle
while
intoxicated,
when
2
the
person
unintentionally
causes
the
death
of
another
in
a
3
reckless
manner
with
willful
or
wanton
disregard
for
the
safety
4
of
persons
or
property,
or
when
the
person
unintentionally
5
causes
the
death
of
another
when
eluding
or
attempting
to
elude
6
a
pursuing
law
enforcement
vehicle
if
the
death
of
the
other
7
person
directly
or
indirectly
results
from
the
violation
and
if
8
the
person
was
also
convicted
of
failing
to
remain
at
the
scene
9
of
an
accident
that
resulted
in
the
death
of
another
person;
10
and
child
endangerment
that
resulted
in
the
death
of
a
child
or
11
minor.
12
The
bill
provides
that
at
the
time
of
sentencing,
the
court
13
shall
determine
when
a
person
convicted
of
any
of
the
felonies
14
described
in
Code
section
902.12
shall
first
become
eligible
15
for
parole
or
work
release
within
the
parameters
specified
16
in
Code
section
902.12,
based
upon
all
pertinent
information
17
including
the
person’s
criminal
record,
a
validated
risk
18
assessment,
the
negative
impact
the
offense
has
had
on
the
19
victim
or
other
persons,
and
whether
the
offense
involved
20
multiple
intentional
acts
or
a
series
of
intentional
acts,
or
21
whether
the
offense
involved
torture
or
cruelty.
22
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