Bill Text: IA SF23 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act establishing a criminal penalty for a violent habitual offender.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-25 - Subcommittee reassigned, Sodders, Kinney, and Schneider. S.J. 387. [SF23 Detail]
Download: Iowa-2015-SF23-Introduced.html
Senate File 23 - Introduced SENATE FILE BY McCOY A BILL FOR 1 An Act establishing a criminal penalty for a violent habitual 2 offender. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1040XS (1) 86 jm/rj PAG LIN 1 1 Section 1. NEW SECTION. 902.8B Minimum sentence ==== violent 1 2 habitual offender. 1 3 1. A violent habitual offender is any person convicted of 1 4 a class "C" or a class "D" felony, who has twice before been 1 5 convicted of any felony violation under chapter 707, 708, 709, 1 6 710, 711, or 713, except for violations of sections 713.6A, 1 7 716.6B, and 713.7. An offense is a felony if, by the law under 1 8 which the person is convicted, it is so classified at the time 1 9 of the person's conviction. A person sentenced as a violent 1 10 habitual offender shall not be eligible for parole until the 1 11 person has served the minimum sentence of confinement of five 1 12 years. 1 13 2. For purposes of this section, felony conviction 1 14 includes any felony conviction in another jurisdiction that is 1 15 comparable to a felony listed in subsection 1 or any conviction 1 16 under the prior laws of this state or another jurisdiction, 1 17 that is comparable to a felony conviction listed in subsection 1 18 1. 1 19 Sec. 2. Section 902.9, subsection 1, paragraphs c through e, 1 20 Code 2015, are amended to read as follows: 1 21 c.AnA habitual offender under section 902.8 shall be 1 22 confined for no more than fifteen years. 1 23 d. A class "C" felon, notana habitual offender, shall be 1 24 confined for no more than ten years, and in addition shall be 1 25 sentenced to a fine of at least one thousand dollars but not 1 26 more than ten thousand dollars. 1 27 e. A class "D" felon, notana habitual offender, shall be 1 28 confined for no more than five years, and in addition shall be 1 29 sentenced to a fine of at least seven hundred fifty dollars but 1 30 not more than seven thousand five hundred dollars. 1 31 Sec. 3. Section 902.9, subsection 1, Code 2015, is amended 1 32 by adding the following new paragraph: 1 33 NEW PARAGRAPH. 0d. A violent habitual offender under 1 34 section 902.8B shall be confined for no more than twenty=five 1 35 years. 2 1 Sec. 4. Section 906.4, subsection 1, Code 2015, is amended 2 2 to read as follows: 2 3 1. A parole or work release shall be ordered only for the 2 4 best interest of society and the offender or as otherwise 2 5 required by law, and not as an award of clemency. The board 2 6 shall release on parole or work release any person whom it 2 7 has the power to so release, when in its opinion there is 2 8 reasonable probability that the person can be released without 2 9 detriment to the community or to the person. A person's 2 10 release is not a detriment to the community or the person if 2 11 the person is able and willing to fulfill the obligations of a 2 12 law=abiding citizen, in the board's determination. 2 13 Sec. 5. Section 906.4, subsection 2, Code 2015, is amended 2 14 by adding the following new paragraph: 2 15 NEW PARAGRAPH. c. A person serving a sentence under section 2 16 902.8B shall be placed on parole or work release at least 2 17 one year prior to the discharge of the person's sentence. 2 18 Parole or work release for a person serving a sentence under 2 19 section 902.8B, shall begin in a residential treatment facility 2 20 operated by a judicial district department of correctional 2 21 services. 2 22 Sec. 6. Section 907.3, subsection 1, paragraph a, Code 2015, 2 23 is amended by adding the following new subparagraph: 2 24 NEW SUBPARAGRAPH. (14) The defendant is classified as a 2 25 violent habitual offender under section 902.8B. 2 26 Sec. 7. Section 907.3, subsection 2, paragraph a, Code 2015, 2 27 is amended by adding the following new subparagraph: 2 28 NEW SUBPARAGRAPH. (8) Section 902.8B classifying the 2 29 defendant as a violent habitual offender. 2 30 Sec. 8. Section 907.3, subsection 3, Code 2015, is amended 2 31 by adding the following new paragraph: 2 32 NEW PARAGRAPH. g. A sentence imposed under section 902.8B. 2 33 EXPLANATION 2 34 The inclusion of this explanation does not constitute agreement with 2 35 the explanation's substance by the members of the general assembly. 3 1 This bill establishes a criminal penalty for a violent 3 2 habitual offender. 3 3 Under the bill, a person convicted of a class "C" or a 3 4 class "D" felony, who has twice before been convicted of any 3 5 felony violation under Code chapter 707 (homicide and related 3 6 crimes), 708 (assault and related offenses), 709 (sexual abuse 3 7 and related offenses), 710 (kidnapping and related offenses), 3 8 711 (robbery and extortion), 713 (burglary), or any similar 3 9 offense in another jurisdiction shall be classified as a 3 10 violent habitual offender. However, previous violations of 3 11 Code sections 713.6A (burglary third degree), 713.6B (attempted 3 12 burglary in the third degree), and 713.7 (possession of 3 13 burglary tools) are not used to classify a person as a violent 3 14 habitual offender. A person classified as a violent habitual 3 15 offender shall be confined for no more than 25 years. A person 3 16 sentenced as a violent habitual offender shall not be eligible 3 17 for parole until the person has served the minimum sentence of 3 18 confinement of five years. 3 19 The bill requires a violent habitual offender to be placed 3 20 on parole or work release prior to the expiration of the 3 21 sentence. The bill prohibits a violent habitual offender 3 22 from being discharged early from parole or work release 3 23 unless the offender has served at least one year on parole 3 24 or work release. The bill also requires a violent habitual 3 25 offender's parole or work release to begin in a residential 3 26 treatment facility operated by a judicial district department 3 27 of correctional services. 3 28 The bill also prohibits a person classified as a violent 3 29 habitual offender from receiving a deferred judgment, or a 3 30 deferred or suspended sentence. LSB 1040XS (1) 86 jm/rj
