Text: SF02324 Text: SF02326 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 713.6A, Code 1999, is amended to read 1 2 as follows: 1 3 713.6A BURGLARY IN THE THIRD DEGREE. 1 4 1. All burglary which is not burglary in the first degree 1 5 or burglary in the second degree is burglary in the third 1 6 degree. Burglary in the third degree isa class "D" felonyan 1 7 aggravated misdemeanor except as otherwise provided in 1 8 subsection 2. 1 9 2. Burglary in the third degree involving a burglary of an 1 10 occupied structure other than a motor vehicle or motor truck 1 11 as defined in section 321.1, or a vessel defined in section 1 12 462A.2, is a class "D" felony. 1 13 3. Notwithstanding any other provision of the Code to the 1 14 contrary a person who violates this section may be sentenced 1 15 to a combination of any intermediate criminal sanction level 1 16 or sublevel under section 901B.1, subsection 1. If a person 1 17 is sentenced to prison, the maximum indeterminate term may be 1 18 less than the maximum term under section 902.9 or 903.1 if the 1 19 facts and circumstances warrant a reduction in the maximum 1 20 term. 1 21 Sec. 2. Section 713.6B, Code 1999, is amended to read as 1 22 follows: 1 23 713.6B ATTEMPTED BURGLARY IN THE THIRD DEGREE. 1 24 1. All attempted burglary which is not attempted burglary 1 25 in the first degree or attempted burglary in the second degree 1 26 is attempted burglary in the third degree. Attempted burglary 1 27 in the third degree isan aggravateda serious misdemeanor 1 28 except as otherwise provided in subsection 2. 1 29 2. Attempted burglary in the third degree involving an 1 30 attempted burglary of an occupied structure other than a motor 1 31 vehicle or motor truck as defined in section 321.1, or a 1 32 vessel as defined in section 462A.2, is an aggravated 1 33 misdemeanor. 1 34 Sec. 3. Section 715A.2, subsection 2, paragraph a, 1 35 unnumbered paragraph 1, Code 1999, is amended to read as 2 1 follows: 2 2 Forgery isa class "D" felonyan aggravated misdemeanor if 2 3 the writing is or purports to be any of the following: 2 4 Sec. 4. Section 715A.2, subsection 2, paragraph b, Code 2 5 1999, is amended to read as follows: 2 6b.(5)Forgery is an aggravated misdemeanor if the2 7writing is or purports to be aA will, deed, contract, 2 8 release, commercial instrument, or any other writing or other 2 9 document evidencing, creating, transferring, altering, 2 10 terminating, or otherwise affecting legal relations. 2 11 Sec. 5. Section 902.12, Code 1999, is amended by adding 2 12 the following new subsection: 2 13 NEW SUBSECTION. 6. Burglary in the first degree in 2 14 violation of section 713.3, subsection 1, paragraph "c" or 2 15 "d". 2 16 EXPLANATION 2 17 This bill relates to the criminal offenses of burglary and 2 18 forgery. 2 19 The bill changes the criminal penalties for burglary in the 2 20 third degree or attempted burglary in the third degree for a 2 21 burglary perpetrated upon an unoccupied motor vehicle, motor 2 22 truck, or vessel. The bill provides that a person who commits 2 23 burglary in the third degree on an unoccupied motor vehicle, 2 24 motor truck, or vessel commits an aggravated misdemeanor and a 2 25 person who commits attempted burglary in the third degree on 2 26 an unoccupied motor vehicle, motor truck, or vessel commits a 2 27 serious misdemeanor. Under the bill, a person who commits a 2 28 burglary on any other type of unoccupied structure which 2 29 includes a personal residence commits a class "D" felony. 2 30 The bill provides that a person who commits burglary in the 2 31 third degree may be sentenced to any level on the correction 2 32 continuum under Code section 901B.1, subsection 1. The bill 2 33 provides that a person who commits burglary in the third 2 34 degree may be sentenced to an indeterminate prison term that 2 35 is less than the maximum indeterminate prison term. 3 1 The bill also provides that an offender who is sentenced 3 2 for the offense of burglary in the first degree shall serve a 3 3 sentence that is subject to the maximum accumulation of good 3 4 conduct time of 15 percent of the total sentence, commonly 3 5 known as an 85 percent sentence. The bill applies to burglary 3 6 in the first degree offenses that involve a person 3 7 intentionally or recklessly inflicting a bodily injury or 3 8 committing sexual abuse while perpetrating such a burglary. 3 9 Burglary in the first degree is a class "B" felony. 3 10 The bill also changes the penalty for forgery from a class 3 11 "D" penalty to an aggravated misdemeanor. 3 12 A serious misdemeanor is punishable by confinement for no 3 13 more than one year and a fine of at least $250 but not more 3 14 than $1,500. An aggravated misdemeanor is punishable by 3 15 confinement for no more than two years and a fine of at least 3 16 $500 but not more than $5,000. A class "D" felony is 3 17 punishable by confinement for no more than five years and a 3 18 fine of at least $750 but not more than $7,500. A class "B" 3 19 felony is punishable by confinement for no more than 25 years. 3 20 LSB 5780SV 78 3 21 jm/cf/24
Text: SF02324 Text: SF02326 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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