Bill Text: IA SF2309 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the service of mandatory minimum sentences by juveniles. (Formerly SSB 3146.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-03-13 - Referred to Judiciary. S.J. 551. [SF2309 Detail]
Download: Iowa-2013-SF2309-Introduced.html
Senate
File
2309
-
Introduced
SENATE
FILE
2309
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3146)
A
BILL
FOR
An
Act
relating
to
the
service
of
mandatory
minimum
sentences
1
by
juveniles.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
124.413,
subsection
1,
Code
2014,
is
1
amended
to
read
as
follows:
2
1.
A
Except
as
provided
in
section
901.5,
subsection
15,
3
a
person
sentenced
pursuant
to
section
124.401,
subsection
1
,
4
paragraph
“a”
,
“b”
,
“c”
,
“e”
,
or
“f”
,
shall
not
be
eligible
5
for
parole
until
the
person
has
served
a
minimum
period
of
6
confinement
of
one-third
of
the
maximum
indeterminate
sentence
7
prescribed
by
law.
8
Sec.
2.
Section
901.5,
Code
2014,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
15.
a.
(1)
Juveniles.
For
a
defendant
11
under
eighteen
years
of
age
at
the
time
the
offense
was
12
committed,
the
court
shall
make
an
individualized
determination
13
in
each
case
to
determine
whether
section
124.413,
902.7,
14
902.8,
902.8A,
902.11,
or
902.12
applies
to
the
defendant’s
15
sentence.
16
(2)
If
the
court
makes
an
individualized
determination,
17
after
considering
the
factors
in
paragraph
“c”
,
that
a
18
section
enumerated
in
subparagraph
(1)
applies
to
the
19
defendant’s
sentence,
the
court
shall
state
the
reasons
for
the
20
determination
on
the
record
at
sentencing,
and
sentence
the
21
defendant
as
follows:
22
(a)
To
serve
the
minimum
sentence
prior
to
eligibility
for
23
parole
as
provided
in
that
section
enumerated
in
subparagraph
24
(1).
25
(b)
To
serve
only
a
portion
of
the
minimum
sentence
prior
to
26
eligibility
for
parole
as
specified
by
the
court
as
provided
in
27
that
section
enumerated
in
subparagraph
(1).
28
(3)
If
the
court
makes
an
individualized
determination,
29
after
considering
the
factors
in
paragraph
“c”
,
that
a
30
section
enumerated
in
subparagraph
(1)
does
not
apply
to
the
31
defendant’s
sentence,
the
court
shall
state
the
reasons
for
the
32
determination
on
the
record
at
the
sentencing,
and
the
sentence
33
shall
be
served
as
if
that
section
enumerated
in
subparagraph
34
(1)
does
not
apply
to
the
defendant’s
sentence.
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b.
(1)
Juvenile
Class
“A”
felons.
For
a
class
“A”
felony
1
defendant
under
eighteen
years
of
age
at
the
time
the
offense
2
was
committed
under
section
902.1,
subsection
2,
the
defendant
3
shall
not
be
eligible
for
parole
as
provided
in
section
4
902.1,
subsection
2,
if
the
court
makes
an
individualized
5
determination
as
to
the
defendant’s
sentence
pursuant
to
this
6
section.
7
(2)
If
the
court
makes
an
individualized
determination,
8
after
considering
the
factors
in
paragraph
“c”
,
that
the
9
defendant
shall
not
be
eligible
for
parole
as
provided
in
10
section
902.1,
subsection
2,
the
court
shall
state
the
reasons
11
for
the
determination
on
the
record
at
sentencing,
and
sentence
12
the
defendant
as
follows:
13
(a)
To
serve
a
term
of
confinement
as
specified
by
the
court
14
prior
to
being
eligible
for
parole.
15
(b)
To
serve
a
life
sentence
pursuant
to
section
902.1,
16
subsection
1.
17
c.
Factors.
In
making
an
individualized
determination,
the
18
court
shall
consider
the
following
factors:
19
(1)
The
age
of
the
defendant,
the
level
of
maturity
and
20
impulsiveness,
and
whether
the
defendant
appreciated
the
risks
21
and
consequences
of
the
defendant’s
actions.
22
(2)
The
defendant’s
family
history
and
current
home
23
environment.
24
(3)
The
circumstances
surrounding
the
offense,
including
25
the
extent
of
the
defendant’s
involvement.
26
(4)
The
amount
of
family
or
peer
pressure
involved
in
the
27
offense.
28
(5)
The
defendant’s
ability
to
manage
relations
with
29
law
enforcement,
prosecutors,
or
defense
counsel,
or
other
30
manifestations
of
the
defendant’s
incapacity.
31
(6)
The
potential
for
rehabilitation.
32
(7)
The
defendant’s
remorse.
33
(8)
The
defendant’s
acceptance
of
responsibility
for
the
34
defendant’s
actions.
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2309
(9)
A
victim
impact
statement.
1
(10)
Any
other
relevant
information
as
the
court
2
determines.
3
Sec.
3.
Section
902.1,
subsection
2,
Code
2014,
is
amended
4
to
read
as
follows:
5
2.
a.
Notwithstanding
subsection
1,
a
person
convicted
of
6
a
class
“A”
felony,
and
who
was
under
the
age
of
eighteen
at
7
the
time
the
offense
was
committed
shall
be
eligible
for
parole
8
after
serving
a
minimum
term
of
confinement
of
twenty-five
9
years
,
unless
the
court
makes
an
individualized
determination
10
as
to
the
person’s
sentence
pursuant
to
section
901.5,
11
subsection
15
.
12
b.
If
a
person
is
paroled
pursuant
to
this
subsection
the
13
person
shall
be
subject
to
the
same
set
of
procedures
set
out
14
in
chapters
901B
,
905
,
906
,
and
chapter
908
,
and
rules
adopted
15
under
those
chapters
for
persons
on
parole.
16
c.
A
person
convicted
of
murder
in
the
first
degree
in
17
violation
of
section
707.2
shall
not
be
eligible
for
parole
18
pursuant
to
this
subsection.
19
Sec.
4.
Section
902.7,
Code
2014,
is
amended
to
read
as
20
follows:
21
902.7
Minimum
sentence
——
use
of
a
dangerous
weapon.
22
At
Except
as
provided
in
section
901.5,
subsection
15,
the
23
trial
of
a
person
charged
with
participating
in
a
forcible
24
felony,
if
the
trier
of
fact
finds
beyond
a
reasonable
doubt
25
that
the
person
is
guilty
of
a
forcible
felony
and
that
26
the
person
represented
that
the
person
was
in
the
immediate
27
possession
and
control
of
a
dangerous
weapon,
displayed
a
28
dangerous
weapon
in
a
threatening
manner,
or
was
armed
with
a
29
dangerous
weapon
while
participating
in
the
forcible
felony
30
the
convicted
person
shall
serve
a
minimum
of
five
years
of
31
the
sentence
imposed
by
law.
A
person
sentenced
pursuant
to
32
this
section
shall
not
be
eligible
for
parole
until
the
person
33
has
served
the
minimum
sentence
of
confinement
imposed
by
this
34
section
.
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Sec.
5.
Section
902.8,
Code
2014,
is
amended
to
read
as
1
follows:
2
902.8
Minimum
sentence
——
habitual
offender.
3
An
habitual
offender
is
any
person
convicted
of
a
class
“C”
4
or
a
class
“D”
felony,
who
has
twice
before
been
convicted
5
of
any
felony
in
a
court
of
this
or
any
other
state,
or
of
6
the
United
States.
An
offense
is
a
felony
if,
by
the
law
7
under
which
the
person
is
convicted,
it
is
so
classified
at
8
the
time
of
the
person’s
conviction.
A
Except
as
provided
in
9
section
901.5,
subsection
15,
a
person
sentenced
as
an
habitual
10
offender
shall
not
be
eligible
for
parole
until
the
person
has
11
served
the
minimum
sentence
of
confinement
of
three
years.
12
Sec.
6.
Section
902.8A,
Code
2014,
is
amended
to
read
as
13
follows:
14
902.8A
Minimum
sentence
for
conspiring
to
manufacture,
or
15
delivery
of,
amphetamine
or
methamphetamine
to
a
minor.
16
A
Except
as
provided
in
section
901.5,
subsection
15,
a
17
person
who
has
been
convicted
for
a
first
violation
under
18
section
124.401D
shall
not
be
eligible
for
parole
until
the
19
person
has
served
a
minimum
term
of
confinement
of
ten
years.
20
Sec.
7.
Section
902.11,
unnumbered
paragraph
1,
Code
2014,
21
is
amended
to
read
as
follows:
22
A
person
serving
a
sentence
for
conviction
of
a
felony,
who
23
has
a
criminal
record
of
one
or
more
prior
convictions
for
a
24
forcible
felony
or
a
crime
of
a
similar
gravity
in
this
or
any
25
other
state,
shall
be
denied
parole
or
work
release
unless
26
the
person
has
served
at
least
one-half
of
the
maximum
term
27
of
the
defendant’s
sentence.
However,
the
mandatory
sentence
28
provided
for
by
this
section
does
not
apply
if
either
any
of
29
the
following
apply:
30
Sec.
8.
Section
902.11,
Code
2014,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
3.
The
court
has
made
an
individualized
33
determination
pursuant
to
section
901.5,
subsection
15,
that
34
this
section
does
not
apply
to
the
person’s
sentence.
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Sec.
9.
Section
902.12,
unnumbered
paragraph
1,
Code
2014,
1
is
amended
to
read
as
follows:
2
A
Except
as
provided
in
section
901.5,
subsection
15,
a
3
person
serving
a
sentence
for
conviction
of
the
following
4
felonies,
including
a
person
serving
a
sentence
for
conviction
5
of
the
following
felonies
prior
to
July
1,
2003,
shall
be
6
denied
parole
or
work
release
unless
the
person
has
served
7
at
least
seven-tenths
of
the
maximum
term
of
the
person’s
8
sentence:
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
imposition
of
mandatory
minimum
13
sentences
for
certain
criminal
offenses
committed
by
juveniles.
14
The
bill
specifies
that
the
following
mandatory
minimum
15
sentences
are
not
applicable
to
the
criminal
sentencing
and
16
subsequent
incarceration
if
the
person
was
under
18
years
of
17
age
at
the
time
the
underlying
criminal
offense
was
committed,
18
unless
the
court
makes
an
individualized
determination
19
that
the
mandatory
minimum
is
applicable:
Code
sections
20
124.413
(mandatory
minimum
for
drug
offenses),
902.7
(use
21
of
a
dangerous
weapon),
902.8
(habitual
offender),
902.8A
22
(minimum
sentence
for
conspiring
to
manufacture,
or
delivery
23
of,
amphetamine
or
methamphetamine
to
a
minor),
902.11
(prior
24
forcible
felon),
and
902.12
(70
percent
sentences).
25
In
making
an
individualized
determination,
the
court
26
shall
consider
the
following:
the
age
of
the
person
and
27
the
level
of
maturity,
the
defendant’s
family
history
and
28
current
home
environment,
the
circumstances
surrounding
the
29
offense
including
the
person’s
involvement
in
the
crime,
the
30
amount
of
family
or
peer
pressure
involved,
the
defendant’s
31
ability
to
manage
relations
with
the
prosecution
and
defense,
32
the
potential
for
rehabilitation,
the
person’s
remorse,
33
the
person’s
acceptance
of
responsibility,
a
victim
impact
34
statement,
and
any
other
relevant
information.
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Under
the
bill,
if
the
court
makes
an
individualized
1
determination
that
the
mandatory
minimum
applies
to
the
2
defendant’s
sentence,
the
court
shall
sentence
the
person
in
3
the
following
manner
with
respect
to
the
mandatory
minimum:
to
4
serve
the
mandatory
minimum
sentence
as
provided
by
law,
or
to
5
serve
a
portion
of
the
mandatory
minimum
sentence
as
specified
6
by
the
court
prior
to
eligibility
for
parole.
7
The
bill
also
specifies
in
Code
section
902.1
that
a
person
8
who
commits
a
class
“A”
felony
including
murder
in
the
first
9
degree
and
who
was
under
the
age
of
18
at
the
time
the
offense
10
was
committed
shall
be
eligible
for
parole
unless
the
court
11
makes
an
individualized
determination
that
the
person
should
12
not
be
eligible
for
parole.
Current
law
specifies
if
the
13
person
commits
a
class
“A”
felony
other
than
murder
in
the
14
first
degree
the
person
shall
serve
a
mandatory
minimum
of
25
15
years
in
prison
prior
to
being
eligible
for
parole.
Current
16
law
also
specifies
that
if
a
person
commits
murder
in
the
first
17
degree
and
is
under
18
years
of
age
at
the
time
the
offense
was
18
committed
the
person
is
not
eligible
for
parole.
However,
the
19
United
States
Supreme
Court
in
a
recent
ruling
in
Miller
v.
20
Alabama
prohibited
life
sentences
without
the
possibility
of
21
parole
for
a
juvenile
who
commits
murder.
22
In
making
the
individualized
determination
the
court
shall
23
consider
the
same
aforementioned
factors
for
the
applicability
24
of
mandatory
minimum
sentences.
25
Under
the
bill,
if
the
court
makes
an
individualized
26
determination
that
the
person
shall
not
be
eligible
for
parole
27
as
specified
by
Code
section
902.1(2)
in
the
bill,
the
court
28
shall
sentence
the
person
in
the
following
manner
with
respect
29
to
the
class
“A”
felony:
to
serve
a
term
of
confinement
as
30
specified
by
the
court
prior
to
being
eligible
for
parole,
or
31
to
serve
a
life
sentence
without
the
possibility
of
parole
32
pursuant
to
Code
section
902.1(1).
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