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1 1 Section 1. NEW SECTION. 902.7A ENHANCED PENALTY &endash; USE
1 2 OF A FIREARM &endash; REPEAT OFFENSES.
1 3 A person who commits a felony while in the immediate
1 4 possession and control of a firearm shall be subject to the
1 5 following minimum terms of confinement, the judgment or the
1 6 sentence of which shall not be suspended or deferred:
1 7 1. For a first offense:
1 8 a. If the offense does not result in injury to a person,
1 9 five years.
1 10 b. If the offense results in an injury to a person, ten
1 11 years.
1 12 c. If the offense results in death, the offender shall be
1 13 sentenced to prison for the remainder of the offender's life.
1 14 2. For a second offense involving a firearm:
1 15 a. If the offense does not result in injury to a person,
1 16 ten years.
1 17 b. If the offense results in an injury to a person,
1 18 fifteen years.
1 19 3. For a third offense involving a firearm:
1 20 a. If the offense does not result in injury to a person,
1 21 fifteen years.
1 22 b. If the offense results in an injury to a person, twenty
1 23 years.
1 24 The person shall not be eligible for parole until the
1 25 person has served the term of confinement set out in this
1 26 section.
1 27 Sec. 2. Section 902.7, Code 1995, is repealed.
1 28 EXPLANATION
1 29 This bill establishes minimum lengths of confinement for
1 30 individuals convicted of a felony involving a firearm in
1 31 addition to any other penalty provided by law. The minimum
1 32 penalties for a first, second, or third offense which results
1 33 in no injury to a person are, respectively, five years in
1 34 prison, 10 years in prison, and 15 years in prison. The
1 35 minimum penalties for a first, second, or third offense which
2 1 results in an injury to a person are, respectively, 10 years
2 2 in prison, 15 years in prison, and 20 years in prison. Any
2 3 offense involving a firearm resulting in the death of a person
2 4 is punishable by life in prison.
2 5 The bill also provides that these minimum penalties shall
2 6 not be deferred or suspended. Also, a person sentenced to a
2 7 minimum penalty for use of a firearm in the commission of a
2 8 crime shall not be paroled until the entire minimum period of
2 9 confinement is served.
2 10 LSB 1900SC 76
2 11 mk/sc/14
Text: SSB00078 Text: SSB00080 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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