Text: HF00247 Text: HF00249 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 902.8A LIFE IMPRISONMENT &endash; 1 2 HABITUAL VIOLENT OFFENDER. 1 3 1. A habitual violent offender is any person convicted of 1 4 a dangerous offense, who has, before the commission of the 1 5 dangerous offense, been previously convicted of any dangerous 1 6 offense in a court of this or any other state, or of the 1 7 United States. An offense committed in another jurisdiction 1 8 is a dangerous offense for purposes of this section if, by the 1 9 law under which the person is convicted, the court finds that 1 10 the elements of the offense, at the time of the person's 1 11 conviction, are the same as or are substantially similar to 1 12 the elements of any offense that constitutes a dangerous 1 13 offense if committed in this state. A person sentenced as a 1 14 habitual violent offender shall be imprisoned for the rest of 1 15 the person's life and shall not be eligible for parole. A 1 16 habitual violent offender's sentence shall not be commuted to 1 17 a term of years. Nothing in the Iowa corrections code 1 18 pertaining to deferred judgment, deferred sentence, suspended 1 19 sentence, or reconsideration of sentence applies to a sentence 1 20 as a habitual violent offender. 1 21 2. For purposes of this section, a "dangerous offense" 1 22 means any of the following offenses: 1 23 a. An offense which is a class "A" felony. 1 24 b. An offense which is a forcible felony as defined under 1 25 section 702.11. 1 26 c. Any other felony offense which includes the causing of, 1 27 or the intent to cause, death or serious injury as an element 1 28 of the offense. 1 29 Sec. 2. Section 48A.11, subsection 2, paragraph b, Code 1 30 1995, is amended to read as follows: 1 31 b. The penalty provided by law for submission of a false 1 32 voter registration form, which shall be the penalty for 1 33 perjury as provided by section 902.9, subsection45. 1 34 Sec. 3. Section 124.401, subsection 1, paragraph a, 1 35 unnumbered paragraph 1, Code 1995, is amended to read as 2 1 follows: 2 2 Violation of this subsection, with respect to the following 2 3 controlled substances, counterfeit substances, or simulated 2 4 controlled substances is a class "B" felony, and 2 5 notwithstanding section 902.9, subsection12, shall be 2 6 punished by confinement for no more than fifty years and a 2 7 fine of not more than one million dollars: 2 8 Sec. 4. Section 124.401, subsection 1, paragraph b, 2 9 unnumbered paragraph 1, Code 1995, is amended to read as 2 10 follows: 2 11 Violation of this subsection with respect to the following 2 12 controlled substances, counterfeit substances, or simulated 2 13 controlled substances is a class "B" felony, and in addition 2 14 to the provisions of section 902.9, subsection12, shall be 2 15 punished by a fine of not less than five thousand dollars nor 2 16 more than one hundred thousand dollars: 2 17 Sec. 5. Section 124.401, subsection 1, paragraph c, 2 18 unnumbered paragraph 1, Code 1995, is amended to read as 2 19 follows: 2 20 Violation of this subsection with respect to the following 2 21 controlled substances, counterfeit substances, or simulated 2 22 controlled substances is a class "C" felony, and in addition 2 23 to the provisions of section 902.9, subsection34, shall be 2 24 punished by a fine of not less than one thousand dollars nor 2 25 more than fifty thousand dollars: 2 26 Sec. 6. Section 124.401, subsection 1, paragraph d, Code 2 27 1995, is amended to read as follows: 2 28 d. Violation of this subsection, with respect to any other 2 29 controlled substances, counterfeit substances, or simulated 2 30 controlled substances classified in schedule IV or V is an 2 31 aggravated misdemeanor. However, violation of this subsection 2 32 involving fifty kilograms or less of marijuana, is a class "D" 2 33 felony, and in addition to the provisions of section 902.9, 2 34 subsection45, shall be punished by a fine of not less than 2 35 one thousand dollars nor more than five thousand dollars. 3 1 Sec. 7. Section 707.3, unnumbered paragraph 2, Code 1995, 3 2 is amended to read as follows: 3 3 Murder in the second degree is a class "B" felony. 3 4 However, notwithstanding section 902.9, subsection12, the 3 5 maximum sentence for a person convicted under this section 3 6 shall be a period of confinement of not more than fifty years. 3 7 Sec. 8. Section 726.6A, Code 1995, is amended to read as 3 8 follows: 3 9 726.6A MULTIPLE ACTS OF CHILD ENDANGERMENT &endash; PENALTY. 3 10 A person who engages in a course of conduct including three 3 11 or more acts of child endangerment as defined in section 726.6 3 12 within a period of twelve months involving the same child or a 3 13 mentally or physically handicapped minor, where one or more of 3 14 the acts results in serious injury to the child or minor or 3 15 results in a skeletal injury to a child under the age of four 3 16 years, is guilty of a class "B" felony. Notwithstanding 3 17 section 902.9, subsection12, a person convicted of a 3 18 violation of this section shall be confined for no more than 3 19 fifty years. 3 20 Sec. 9. Section 902.3, Code 1995, is amended to read as 3 21 follows: 3 22 902.3 INDETERMINATE SENTENCE. 3 23 When a judgment of conviction of a felony other than a 3 24 class "A" felony is entered against a person, the court, in 3 25 imposing a sentence of confinement, shall commit the person 3 26 into the custody of the director of the Iowa department of 3 27 corrections for an indeterminate term, the maximum length of 3 28 which shall not exceed the limits as fixed by section 707.3 or 3 29 section 902.9 nor shall the term be less than the minimum term 3 30 imposed by law, if a minimum sentence is provided. However, 3 31 the court may sentence a person convicted of a class "D" 3 32 felony for a violation of section 321J.2 to imprisonment for 3 33 up to one year in a county jail under section 902.9, 3 34 subsection45, and the person shall not be under the custody 3 35 of the director of the Iowa department of corrections. 4 1 Sec. 10. Section 902.7, Code 1995, is amended to read as 4 2 follows: 4 3 902.7 MINIMUM SENTENCE &endash; USE OF A FIREARM. 4 4 At the trial of a person charged with participating in a 4 5 forcible felony, if the trier of fact finds beyond a 4 6 reasonable doubt that the person is guilty of a forcible 4 7 felony and that the person represented that the person was in 4 8 the immediate possession and control of a firearm, displayed a 4 9 firearm in a threatening manner, or was armed with a firearm 4 10 while participating in the forcible felony the convicted 4 11 person shall serve a minimum of five years of the sentence 4 12 imposed by law. A person sentenced pursuant to this section 4 13 shall not be eligible for parole until the person has served 4 14 the minimum sentence of confinement imposed by this section. 4 15 This section shall not apply if the person is a habitual 4 16 violent offender under section 902.8A. 4 17 Sec. 11. Section 902.8, Code 1995, is amended to read as 4 18 follows: 4 19 902.8 MINIMUM SENTENCE &endash; HABITUAL OFFENDER. 4 20AnA habitual offender is any person convicted of a class 4 21 "C" or a class "D" felony, who has twice before been convicted 4 22 of any felony in a court of this or any other state, or of the 4 23 United States. An offense is a felony if, by the law under 4 24 which the person is convicted, it is so classified at the time 4 25 of the person's conviction. A person sentenced asana 4 26 habitual offender shall not be eligible for parole until the 4 27 person has served the minimum sentence of confinement of three 4 28 years. This section shall not apply if the felony convictions 4 29 meet the criteria specified in section 902.8A. 4 30 Sec. 12. Section 902.9, Code 1995, is amended to read as 4 31 follows: 4 32 902.9 MAXIMUM SENTENCE FOR FELONS. 4 33 The maximum sentence for any person convicted of a felony 4 34 shall be that prescribed by statute or, if not prescribed by 4 35 statute, if other than a class "A" felony shall be determined 5 1 as follows: 5 2 1. A habitual violent offender shall be confined for the 5 3 rest of the person's life. 5 4 2. A class "B" felon, not a habitual violent offender, 5 5 shall be confined for no more than twenty-five years. 5 623.AnA habitual offender shall be confined for no more 5 7 than fifteen years. 5 834. A class "C" felon, notana habitual offender or a 5 9 habitual violent offender, shall be confined for no more than 5 10 ten years, and in addition may be sentenced to a fine of at 5 11 least five hundred dollars but not more than ten thousand 5 12 dollars. 5 1345. A class "D" felon, notana habitual offender or a 5 14 habitual violent offender, shall be confined for no more than 5 15 five years, and in addition may be sentenced to a fine of at 5 16 least five hundred dollars but not more than seven thousand 5 17 five hundred dollars. A class "D" felon, such felony being 5 18 for a violation of section 321J.2, may be sentenced to 5 19 imprisonment for up to one year in the county jail. 5 20 The criminal penalty surcharge required by section 911.2 5 21 shall be added to a fine imposed on a class "C" or class "D" 5 22 felon, as provided by that section, and is not a part of or 5 23 subject to the maximums set in this section. 5 24 EXPLANATION 5 25 This bill provides that a person who is convicted two times 5 26 of a crime that is classified as a dangerous offense is to be 5 27 imprisoned for the rest of the person's life. The term 5 28 "dangerous offense" is defined to include offenses that are 5 29 class "A" felonies, forcible felonies, and any other felony 5 30 which includes the causing of, or the intent to cause, death 5 31 or serious injury as an element of the offense. The offenses 5 32 which are class "A" felonies are first degree murder, first 5 33 degree sexual abuse, and first degree kidnapping. The term 5 34 "forcible felony" is defined under section 702.11. The term 5 35 "felony" is defined in section 701.7 and the term "serious 6 1 injury" is defined in section 702.18. Persons sentenced as 6 2 habitual violent offenders are not eligible for parole, a 6 3 suspended or deferred sentence, or deferred judgment. The 6 4 bill also makes several technical changes to conform various 6 5 Code references to changes made in the bill. 6 6 LSB 1632HH 76 6 7 lh/sc/14
Text: HF00247 Text: HF00249 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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