Text: HF02086 Text: HF02088 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 902.3, Code Supplement 1999, is amended
1 2 to read as follows:
1 3 902.3 INDETERMINATE SENTENCE.
1 4 When a judgment of conviction of a felony other than a
1 5 class "A" felony is entered against a person, the court, in
1 6 imposing a sentence of confinement, shall commit the person
1 7 into the custody of the director of the Iowa department of
1 8 corrections for an indeterminate term, the maximum length of
1 9 which shall not exceed the limits as fixed by section 902.9,
1 10 unless otherwise prescribed by statute, nor shall the term be
1 11 less than the minimum term imposed by law, if a minimum
1 12 sentence is provided. However, the court may sentence a
1 13 person convicted of a class "D" felony for a violation of
1 14 section 321J.2, 713.6A, or 715A.2 to imprisonment for up to
1 15 one year in a county jail under section 902.9, subsection 5,
1 16 and the person shall not be under the custody of the director
1 17 of the Iowa department of corrections.
1 18 Sec. 2. Section 902.9, subsection 5, Code Supplement 1999,
1 19 is amended to read as follows:
1 20 5. A class "D" felon, not an habitual offender, shall be
1 21 confined for no more than five years, and in addition shall be
1 22 sentenced to a fine of at least seven hundred fifty dollars
1 23 but not more than seven thousand five hundred dollars. A
1 24 class "D" felon, such felony being for a violation of section
1 25 321J.2, 713.6A, or 715A.2 may be sentenced to imprisonment for
1 26 up to one year in the county jail.
1 27 The criminal penalty surcharge required by section 911.2
1 28 shall be added to a fine imposed on a class "C" or class "D"
1 29 felon, as provided by that section, and is not a part of or
1 30 subject to the maximums set in this section.
1 31 EXPLANATION
1 32 This bill relates to certain felony offenders being
1 33 sentenced to confinement for up to one year in a county jail.
1 34 The bill provides that a person convicted of either forgery
1 35 or burglary in the third degree may be sentenced to a county
2 1 jail for up to one year. Under existing law, an offender
2 2 convicted of forgery or burglary in the third degree is
2 3 sentenced to confinement and committed to the custody of the
2 4 director of the Iowa department of corrections, and may not be
2 5 confined in a county jail as a part of the sentence of
2 6 confinement.
2 7 An offender convicted of forgery or burglary in the third
2 8 degree is guilty of a class "D" felony, and a class "D" felony
2 9 is punishable by confinement for no more than five years and a
2 10 fine of at least $750 but not more than $7,500.
2 11 LSB 5626HH 78
2 12 jm/cls/14
Text: HF02086 Text: HF02088 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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