Text: HF00500 Text: HF00502 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 501 1 2 1 3 AN ACT 1 4 RELATING TO THE DEFINITIONS AND PENALTIES APPLICABLE TO 1 5 CONVICTION OF CERTAIN FELONIES, BY MAKING CHANGES RELATED 1 6 TO THE OFFENSES OF ASSAULT AND WILLFUL INJURY AND MAKING 1 7 CHANGES IN THE MANDATORY MINIMUM PENALTIES FOR CERTAIN 1 8 FELONY OFFENSES. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 124.401, subsection 1, paragraph d, 1 13 Code 1999, is amended to read as follows: 1 14 d. Violation of this subsection, with respect to any other 1 15 controlled substances, counterfeit substances, or simulated 1 16 controlled substances classified in schedule IV or V is an 1 17 aggravated misdemeanor. However, violation of this subsection 1 18 involving fifty kilograms or less of marijuana is a class "D" 1 19 felony, and in addition to the provisions of section 902.9,1 20subsection 4, shall be punished by a fine of not less than one1 21thousand dollars nor more than seven thousand five hundred1 22dollars. 1 23 Sec. 2. Section 702.11, Code 1999, is amended to read as 1 24 follows: 1 25 702.11 FORCIBLE FELONY. 1 26 1. A "forcible felony" is any felonious child 1 27 endangerment, assault, murder, sexual abuse, kidnapping, 1 28 robbery, arson in the first degree, or burglary in the first 1 29 degree.However, sexual1 30 2. Notwithstanding subsection 1, the following offenses 1 31 are not forcible felonies: 1 32 a. Willful injury in violation of section 708.4, 1 33 subsection 2. 1 34 b. Sexual abuse in the third degree committed between 1 35 spouses, sexual. 2 1 c. Sexual abuse in violation of section 709.4, subsection 2 2 2, paragraph "c", subparagraph (4), or sexual. 2 3 d. Sexual exploitation by a counselor or therapist in 2 4 violation of section 709.15, is not a "forcible felony". 2 5 Sec. 3. Section 708.2, Code 1999, is amended by adding the 2 6 following new subsection: 2 7 NEW SUBSECTION. 3A. A person who commits an assault, as 2 8 defined in section 708.1, and who causes serious injury, is 2 9 guilty of a class "D" felony. 2 10 Sec. 4. Section 708.2A, subsection 6, paragraph b, Code 2 11 1999, is amended to read as follows: 2 12 b. A person convicted of violating subsection 4 shall be 2 13 sentenced as provided under section 902.9, subsection 4, 2 14committed to the custody of the director of the department of2 15corrections, and shall be assessed a fine of at least seven2 16hundred fifty dollars. The personand shall be denied parole 2 17 or work release until the person has served a minimum of one 2 18 year of the person's sentence. Notwithstanding section 901.5, 2 19 subsection 3, and section 907.3, subsection 3, the person 2 20 cannot receive a suspended or deferred sentence or a deferred 2 21 judgment; however, the person sentenced shall receive credit 2 22 for any time the person was confined in a jail or detention 2 23 facility following arrest. 2 24 Sec. 5. Section 708.4, Code 1999, is amended to read as 2 25 follows: 2 26 708.4 WILLFUL INJURY. 2 27 Any person who does an act which is not justified and which 2 28 is intended to causeand does causeserious injury to another 2 29 commitsathe following: 2 30 1. A class "C" felony, if the person causes serious injury 2 31 to another. 2 32 2. A class "D" felony, if the person causes bodily injury 2 33 to another. 2 34 Sec. 6. Section 902.9, subsection 3, Code 1999, is amended 2 35 to read as follows: 3 1 3. A class "C" felon, not an habitual offender, shall be 3 2 confined for no more than ten years, and in additionmayshall 3 3 be sentenced to a fine of at leastfive hundredone thousand 3 4 dollars but not more than ten thousand dollars. 3 5 Sec. 7. Section 902.9, subsection 4, Code 1999, is amended 3 6 to read as follows: 3 7 4. A class "D" felon, not an habitual offender, shall be 3 8 confined for no more than five years, and in additionmay3 9 shall be sentenced to a fine of at leastfiveseven hundred 3 10 fifty dollars but not more than seven thousand five hundred 3 11 dollars. A class "D" felon, such felony being for a violation 3 12 of section 321J.2, may be sentenced to imprisonment for up to 3 13 one year in the county jail. 3 14 3 15 3 16 3 17 RON J. CORBETT 3 18 Speaker of the House 3 19 3 20 3 21 3 22 MARY E. KRAMER 3 23 President of the Senate 3 24 3 25 I hereby certify that this bill originated in the House and 3 26 is known as House File 501, Seventy-eighth General Assembly. 3 27 3 28 3 29 3 30 ELIZABETH ISAACSON 3 31 Chief Clerk of the House 3 32 Approved , 1999 3 33 3 34 3 35 4 1 THOMAS J. VILSACK 4 2 Governor
Text: HF00500 Text: HF00502 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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