Text: SF00441 Text: SF00443 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 901.10, Code 1995, is amended to read 1 2 as follows: 1 3 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 1 4 A court sentencing a person for the person's first 1 5 conviction under section 124.406,or 124.413, or 902.7may, at 1 6 its discretion, sentence the person to a term less than 1 7 provided by the statute if mitigating circumstances exist and 1 8 those circumstances are stated specifically in the record. 1 9 However, the state may appeal the discretionary decision on 1 10 the grounds that the stated mitigating circumstances do not 1 11 warrant a reduction of the sentence. 1 12 Sec. 2. Section 902.7, Code 1995, is amended to read as 1 13 follows: 1 14 902.7 MINIMUM SENTENCE &endash; USE OF A FIREARM. 1 15 At the trial of a person charged with participating in a 1 16 forcible felony, if the trier of fact finds beyond a 1 17 reasonable doubt that the person is guilty of a forcible 1 18 felony and that the person represented that the person was in 1 19 the immediate possession and control of a firearm, displayed a 1 20 firearm in a threatening manner, or was armed with a firearm 1 21 while participating in the forcible felony the convicted 1 22 person shall serve a minimum of five years of the sentence 1 23 imposed by law. However, if the forcible felony was 1 24 punishable as a class "B" felony, the mandatory minimum 1 25 penalty shall be as provided in section 902.7A. A person 1 26 sentenced pursuant to this section shall not be eligible for 1 27 parole until the person has served the minimum sentence of 1 28 confinement imposed by this section. 1 29 Sec. 3. NEW SECTION. 902.7A CLASS "B" FORCIBLE FELON &endash; 1 30 INELIGIBILITY FOR PAROLE OR WORK RELEASE. 1 31 A person who is convicted of a forcible felony punishable 1 32 as a class "B" felony shall serve the sentence imposed by law 1 33 and shall not be eligible for parole or work release prior to 1 34 discharge of the sentence. This section shall not affect the 1 35 ability of the inmate to earn and accrue good conduct time 2 1 under chapter 903A. 2 2 Sec. 4. Section 902.11, unnumbered paragraph 1, Code 1995, 2 3 is amended to read as follows: 2 4 A person serving a sentence for conviction of a felony who 2 5 has a criminal record of one or more prior convictions for a 2 6 forcible felony or a crime of a similar gravity in this or any 2 7 other state, shall be denied parole or work release unless the 2 8 person has served at least one-half of the maximum term of the 2 9 defendant's sentence. However, the mandatory sentence 2 10 provided for by this section does not apply ifeitherany of 2 11 the following apply: 2 12 Sec. 5. Section 902.11, Code 1995, is amended by adding 2 13 the following new subsection: 2 14 NEW SUBSECTION. 3. The sentence being served is for a 2 15 forcible felony which is punishable as a class "B" felony. 2 16 Sec. 6. Section 903A.5, unnumbered paragraph 1, Code 1995, 2 17 is amended to read as follows: 2 18 An inmate shall not be discharged from the custody of the 2 19 director of the Iowa department of corrections until the 2 20 inmate has served the full term for which the inmate was 2 21 sentenced, less good conduct time earned and not forfeited, 2 22 unless the inmate is pardoned or otherwise legally released. 2 23 Good conduct time earned and not forfeited shall apply to 2 24 reduce a mandatory minimum sentence being served pursuant to 2 25 section 124.406, 124.413, 902.7, 902.7A, 902.8, or 902.11. An 2 26 inmate shall be deemed to be serving the sentence from the day 2 27 on which the inmate is received into the institution. 2 28 However, if an inmate was confined to a county jail or other 2 29 correctional or mental facility at any time prior to 2 30 sentencing, or after sentencing but prior to the case having 2 31 been decided on appeal, because of failure to furnish bail or 2 32 because of being charged with a nonbailable offense, the 2 33 inmate shall be given credit for the days already served upon 2 34 the term of the sentence. The clerk of the district court of 2 35 the county from which the inmate was sentenced, shall certify 3 1 to the warden the number of days so served. 3 2 EXPLANATION 3 3 This bill provides that persons convicted of a class "B" 3 4 forcible felony are to serve their entire sentence and are not 3 5 to be eligible for parole. The bill does not affect the 3 6 person's ability to earn good conduct time under chapter 903A. 3 7 Currently, inmates are eligible for a reduction of sentence of 3 8 one day for each day of good conduct while committed to one of 3 9 the department's institutions. The bill also repeals language 3 10 which permits the court to waive the mandatory minimum term 3 11 applicable to first time forcible felons who used a firearm in 3 12 the commission of the forcible felony. The term "forcible 3 13 felony" is defined under section 702.11 to mean any felonious 3 14 child endangerment, assault, murder, sexual abuse, kidnapping, 3 15 robbery, arson in the first degree, or burglary in the first 3 16 degree. The term does not include sexual abuse in the third 3 17 degree committed between spouses, sexual abuse in violation of 3 18 section 709.4, subsection 2, paragraph "c", subparagraph (4), 3 19 or sexual exploitation by a counselor or therapist in 3 20 violation of section 709.15. 3 21 LSB 1421SV 76 3 22 lh/jw/5
Text: SF00441 Text: SF00443 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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