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Senate Study Bill 42

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 902.7, Code 1995, is amended to read as
  1  2 follows:
  1  3    902.7  MINIMUM SENTENCE &endash; USE OF A FIREARM OR KNIFE.
  1  4    At the trial of a person charged with participating in a
  1  5 forcible felony, if the trier of fact finds beyond a
  1  6 reasonable doubt that the person is guilty of a forcible
  1  7 felony and that the person represented that the person was in
  1  8 the immediate possession and control of a firearm or a knife,
  1  9 displayed a firearm or a knife in a threatening manner, or was
  1 10 armed with a firearm or a knife while participating in the
  1 11 forcible felony the convicted person shall serve a minimum of
  1 12 five years of the sentence imposed by law.  A person sentenced
  1 13 pursuant to this section shall not be eligible for parole
  1 14 until the person has served the minimum sentence of
  1 15 confinement imposed by this section.  
  1 16                           EXPLANATION
  1 17    This bill provides that a person who claims to have a
  1 18 knife, in the person's possession, displays a knife in a
  1 19 threatening manner, or actually has a knife in the person's
  1 20 possession during the commission of a forcible felony, shall
  1 21 serve a minimum term in prison of five years.  
  1 22 LSB 1591XL 76
  1 23 mk/jj/8
     

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