S.F. 23 Section 1. NEW SECTION . 902.8B Minimum sentence —— violent 1 habitual offender. 2 1. A violent habitual offender is any person convicted of 3 a class “C” or a class “D” felony, who has twice before been 4 convicted of any felony violation under chapter 707, 708, 709, 5 710, 711, or 713, except for violations of sections 713.6A, 6 716.6B, and 713.7. An offense is a felony if, by the law under 7 which the person is convicted, it is so classified at the time 8 of the person’s conviction. A person sentenced as a violent 9 habitual offender shall not be eligible for parole until the 10 person has served the minimum sentence of confinement of five 11 years. 12 2. For purposes of this section, felony conviction 13 includes any felony conviction in another jurisdiction that is 14 comparable to a felony listed in subsection 1 or any conviction 15 under the prior laws of this state or another jurisdiction, 16 that is comparable to a felony conviction listed in subsection 17 1. 18 Sec. 2. Section 902.9, subsection 1, paragraphs c through e, 19 Code 2015, are amended to read as follows: 20 c. An A habitual offender under section 902.8 shall be 21 confined for no more than fifteen years. 22 d. A class “C” felon, not an a habitual offender, shall be 23 confined for no more than ten years, and in addition shall be 24 sentenced to a fine of at least one thousand dollars but not 25 more than ten thousand dollars. 26 e. A class “D” felon, not an a habitual offender, shall be 27 confined for no more than five years, and in addition shall be 28 sentenced to a fine of at least seven hundred fifty dollars but 29 not more than seven thousand five hundred dollars. 30 Sec. 3. Section 902.9, subsection 1, Code 2015, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0d. A violent habitual offender under 33 section 902.8B shall be confined for no more than twenty-five 34 years. 35 -1- LSB 1040XS (1) 86 jm/rj 1/ 3

S.F. 23 Sec. 4. Section 906.4, subsection 1, Code 2015, is amended 1 to read as follows: 2 1. A parole or work release shall be ordered only for the 3 best interest of society and the offender or as otherwise 4 required by law , and not as an award of clemency. The board 5 shall release on parole or work release any person whom it 6 has the power to so release, when in its opinion there is 7 reasonable probability that the person can be released without 8 detriment to the community or to the person. A person’s 9 release is not a detriment to the community or the person if 10 the person is able and willing to fulfill the obligations of a 11 law-abiding citizen, in the board’s determination. 12 Sec. 5. Section 906.4, subsection 2, Code 2015, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . c. A person serving a sentence under section 15 902.8B shall be placed on parole or work release at least 16 one year prior to the discharge of the person’s sentence. 17 Parole or work release for a person serving a sentence under 18 section 902.8B, shall begin in a residential treatment facility 19 operated by a judicial district department of correctional 20 services. 21 Sec. 6. Section 907.3, subsection 1, paragraph a, Code 2015, 22 is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (14) The defendant is classified as a 24 violent habitual offender under section 902.8B. 25 Sec. 7. Section 907.3, subsection 2, paragraph a, Code 2015, 26 is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (8) Section 902.8B classifying the 28 defendant as a violent habitual offender. 29 Sec. 8. Section 907.3, subsection 3, Code 2015, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . g. A sentence imposed under section 902.8B. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 1040XS (1) 86 jm/rj 2/ 3

S.F. 23 This bill establishes a criminal penalty for a violent 1 habitual offender. 2 Under the bill, a person convicted of a class “C” or a 3 class “D” felony, who has twice before been convicted of any 4 felony violation under Code chapter 707 (homicide and related 5 crimes), 708 (assault and related offenses), 709 (sexual abuse 6 and related offenses), 710 (kidnapping and related offenses), 7 711 (robbery and extortion), 713 (burglary), or any similar 8 offense in another jurisdiction shall be classified as a 9 violent habitual offender. However, previous violations of 10 Code sections 713.6A (burglary third degree), 713.6B (attempted 11 burglary in the third degree), and 713.7 (possession of 12 burglary tools) are not used to classify a person as a violent 13 habitual offender. A person classified as a violent habitual 14 offender shall be confined for no more than 25 years. A person 15 sentenced as a violent habitual offender shall not be eligible 16 for parole until the person has served the minimum sentence of 17 confinement of five years. 18 The bill requires a violent habitual offender to be placed 19 on parole or work release prior to the expiration of the 20 sentence. The bill prohibits a violent habitual offender 21 from being discharged early from parole or work release 22 unless the offender has served at least one year on parole 23 or work release. The bill also requires a violent habitual 24 offender’s parole or work release to begin in a residential 25 treatment facility operated by a judicial district department 26 of correctional services. 27 The bill also prohibits a person classified as a violent 28 habitual offender from receiving a deferred judgment, or a 29 deferred or suspended sentence. 30 -3- LSB 1040XS (1) 86 jm/rj 3/ 3