Bill Text: IA HF607 | 2011-2012 | 84th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act establishing a parole procedure for certain persons serving a class "A" felony sentence, and including effective date provisions. (Formerly HSB 44)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF607 Detail]

Download: Iowa-2011-HF607-Introduced.html
House File 607 - Introduced HOUSE FILE 607 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 44) A BILL FOR An Act establishing a parole procedure for certain persons 1 serving a class “A” felony sentence, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1045HV (2) 84 jm/rj
H.F. 607 Section 1. Section 902.1, Code 2011, is amended to read as 1 follows: 2 902.1 Class “A” felony. 3 1. Upon a plea of guilty, a verdict of guilty, or a special 4 verdict upon which a judgment of conviction of a class “A” 5 felony may be rendered, the court shall enter a judgment of 6 conviction and shall commit the defendant into the custody of 7 the director of the Iowa department of corrections for the rest 8 of the defendant’s life. Nothing in the Iowa corrections code 9 pertaining to deferred judgment, deferred sentence, suspended 10 sentence, or reconsideration of sentence applies to a class “A” 11 felony, and a person convicted of a class “A” felony shall not 12 be released on parole unless the governor commutes the sentence 13 to a term of years. 14 2. a. Notwithstanding subsection 1, a person convicted 15 of a class “A” felony, and who was a child under the age 16 of eighteen at the time the offense was committed shall be 17 eligible for parole after serving a minimum term of confinement 18 between thirty and forty-five years. The court, at the time of 19 sentencing, shall determine the specific term of confinement to 20 be served between thirty and forty-five years before the person 21 is eligible for parole. 22 b. If a person is paroled pursuant to this subsection the 23 person shall be subject to the same set of procedures set out 24 in chapters 901B, 905, 906, and chapter 908, and rules adopted 25 under those chapters for persons on parole. 26 c. A person convicted of murder in the first degree in 27 violation of section 707.2 shall not be eligible for parole 28 pursuant to this subsection. 29 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 30 immediate importance, takes effect upon enactment. 31 EXPLANATION 32 This bill establishes a parole procedure for certain persons 33 serving a class “A” felony. 34 The bill provides that a person serving a class “A” felony, 35 -1- LSB 1045HV (2) 84 jm/rj 1/ 2
H.F. 607 other than a person convicted of murder in the first degree, 1 who was under 18 years of age when the offense was committed is 2 eligible for parole after serving a minimum term of confinement 3 between 30 and 45 years. The court, at the time of sentencing, 4 shall determine the specific term of confinement to be served 5 between 30 and 45 years before the person is eligible for 6 parole. 7 The bill applies to the following class “A” felonies: 8 conspiracy to manufacture for delivery, delivery, or intent to 9 deliver amphetamine or methamphetamine to a minor in violation 10 of Code section 124.401D; sexual abuse in the first degree in 11 violation of Code section 709.2; kidnapping in the first degree 12 in violation of Code section 710.2; and enhanced penalties for 13 sexual abuse and lascivious acts with a child in violation of 14 Code section 902.14. 15 If a person is paroled pursuant to the bill, the person 16 shall be subject to the same set of procedures set out in Code 17 chapters 901B, 905, 906, and 908, and rules adopted under those 18 Code chapters for persons on parole. The parole status of a 19 person paroled pursuant to the bill may be revoked and the 20 original sentence imposed under the procedures of Code chapter 21 908. The paroled person may also be discharged early from 22 parole pursuant to Code section 906.15. 23 Code section 903A.5 does not apply to reduce the mandatory 24 minimum sentence of 25 years established by the bill. 25 The bill also does not apply to enhanced life sentences in 26 Code chapter 901A (sexually predatory offenses). 27 The bill takes effect upon enactment. 28 -2- LSB 1045HV (2) 84 jm/rj 2/ 2
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