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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