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
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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
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_____
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
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