Bill Text: IA SSB1010 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to a special sentence for sexual abuse committed during a burglary.(See SF 242.)

Spectrum: Committee Bill

Status: (Introduced) 2021-02-02 - Committee report approving bill, renumbered as SF 242. [SSB1010 Detail]

Download: Iowa-2021-SSB1010-Introduced.html
Senate Study Bill 1010 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to a special sentence for sexual abuse 1 committed during a burglary. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1323XC (5) 89 as/rh
S.F. _____ Section 1. Section 903B.1, Code 2021, is amended to read as 1 follows: 2 903B.1 Special sentence —— class “B” or class “C” felonies. 3 A person convicted of a class “C” felony or greater offense 4 under chapter 709 , a class “B” felony under section 713.3, 5 subsection 1, paragraph “d” , or a class “C” felony under 6 section 728.12 , shall also be sentenced, in addition to 7 any other punishment provided by law, to a special sentence 8 committing the person into the custody of the director of the 9 Iowa department of corrections for the rest of the person’s 10 life, with eligibility for parole as provided in chapter 11 906 . The board of parole shall determine whether the person 12 should be released on parole or placed in a work release 13 program. The special sentence imposed under this section shall 14 commence upon completion of the sentence imposed under any 15 applicable criminal sentencing provisions for the underlying 16 criminal offense and the person shall begin the sentence under 17 supervision as if on parole or work release. The person shall 18 be placed on the corrections continuum in chapter 901B , and 19 the terms and conditions of the special sentence, including 20 violations, shall be subject to the same set of procedures set 21 out in chapters 901B , 905 , 906 , and chapter 908 , and rules 22 adopted under those chapters for persons on parole or work 23 release. The revocation of release shall not be for a period 24 greater than two years upon any first revocation, and five 25 years upon any second or subsequent revocation. A special 26 sentence shall be considered a category “A” sentence for 27 purposes of calculating earned time under section 903A.2 . 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to a special sentence for sexual abuse 32 committed during a burglary. 33 The bill provides that a person convicted of sexual abuse 34 committed during a burglary, a class “B” felony under Code 35 -1- LSB 1323XC (5) 89 as/rh 1/ 2
S.F. _____ section 713.3(1)(d), shall also be sentenced, in addition to 1 any other punishment provided by law, to a special sentence 2 committing the person into the custody of the director of the 3 Iowa department of corrections for the rest of the person’s 4 life, with eligibility for parole as provided in Code chapter 5 906. Code section 713.3(1)(d) provides that a person commits 6 burglary in the first degree if, while perpetrating a burglary 7 in or upon an occupied structure in which one or more persons 8 are present, the person performs or participates in a sex act 9 with any person which would constitute sexual abuse under Code 10 section 709.1. 11 Sexual abuse committed during a burglary is an “aggravated 12 offense” under Code section 692A.101(1)(a)(6). Sexual abuse 13 committed during a burglary is classified as a tier III sex 14 offense under Code section 692A.102(1)(c)(17), and a person 15 convicted is required to register as a sex offender. Under 16 Code section 692A.106(2), a sex offender who has been sentenced 17 to a special sentence under Code section 903B.1 shall be 18 required to register for a period equal to the term of the 19 special sentence. 20 -2- LSB 1323XC (5) 89 as/rh 2/ 2
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