Text: SSB03160                          Text: SSB03162
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3161

Bill Text

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 is a class "D" felony an
  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    Sec. 2.  Section 713.6B, Code 1999, is amended to read as
  1 14 follows:
  1 15    713.6B  ATTEMPTED BURGLARY IN THE THIRD DEGREE.
  1 16    1.  All attempted burglary which is not attempted burglary
  1 17 in the first degree or attempted burglary in the second degree
  1 18 is attempted burglary in the third degree.  Attempted burglary
  1 19 in the third degree is an aggravated a serious misdemeanor
  1 20 except as otherwise provided in subsection 2.
  1 21    2.  Attempted burglary in the third degree involving an
  1 22 attempted burglary of an occupied structure other than a motor
  1 23 vehicle or motor truck as defined in section 321.1, or a
  1 24 vessel as defined in section 462A.2, is an aggravated
  1 25 misdemeanor.
  1 26    Sec. 3.  Section 715A.2, subsection 2, paragraph a,
  1 27 unnumbered paragraph 1, Code 1999, is amended to read as
  1 28 follows:
  1 29    Forgery is a class "D" felony an aggravated misdemeanor if
  1 30 the writing is or purports to be any of the following:
  1 31    Sec. 4.  Section 715A.2, subsection 2, paragraph b, Code
  1 32 1999, is amended to read as follows:
  1 33    b.  (5)  Forgery is an aggravated misdemeanor if the
  1 34 writing is or purports to be a A will, deed, contract,
  1 35 release, commercial instrument, or any other writing or other
  2  1 document evidencing, creating, transferring, altering,
  2  2 terminating, or otherwise affecting legal relations.
  2  3    Sec. 5.  Section 902.12, Code 1999, is amended by adding
  2  4 the following new subsection:
  2  5    NEW SUBSECTION.  6.  Burglary in the first degree in
  2  6 violation of section 713.3, subsection 1, paragraph "c" or
  2  7 "d".  
  2  8                           EXPLANATION 
  2  9    This bill relates to the criminal offenses of burglary and
  2 10 forgery.
  2 11    The bill changes the criminal penalties for burglary in the
  2 12 third degree or attempted burglary in the third degree for a
  2 13 burglary perpetrated upon an unoccupied motor vehicle, motor
  2 14 truck, or vessel.  The bill provides that a person who commits
  2 15 burglary in the third degree on an unoccupied motor vehicle,
  2 16 motor truck, or vessel commits an aggravated misdemeanor and a
  2 17 person who commits attempted burglary in the third degree on
  2 18 an unoccupied motor vehicle, motor truck, or vessel commits a
  2 19 serious misdemeanor. Under the bill, a person who commits a
  2 20 burglary on any other type of unoccupied structure which
  2 21 includes a personal residence commits a class "D" felony.
  2 22    The bill provides that an offender who is sentenced for the
  2 23 offense of burglary in the first degree shall serve a sentence
  2 24 that is subject to the maximum accumulation of good conduct
  2 25 time of 15 percent of the total sentence, commonly known as an
  2 26 85 percent sentence.  The bill applies to burglary in the
  2 27 first degree offenses that involve a person intentionally or
  2 28 recklessly inflicting a bodily injury or committing sexual
  2 29 abuse while perpetrating such a burglary.  Burglary in the
  2 30 first degree is a class "B" felony.
  2 31    The bill also changes the penalty for forgery from a class
  2 32 "D" penalty to an aggravated misdemeanor.
  2 33    A serious misdemeanor is punishable by confinement for no
  2 34 more than one year and a fine of at least $250 but not more
  2 35 than $1,500.  An aggravated misdemeanor is punishable by
  3  1 confinement for no more than two years and a fine of at least
  3  2 $500 but not more than $5,000.  A class "D" felony is
  3  3 punishable by confinement for no more than five years and a
  3  4 fine of at least $750 but not more than $7,500.  A class "B"
  3  5 felony is punishable by confinement for no more than 25 years.  
  3  6 LSB 5780XC 78
  3  7 jm/cf/24.1
     

Text: SSB03160                          Text: SSB03162
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

© 2000 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 17 03:35:45 CST 2000
URL: /DOCS/GA/78GA/Legislation/SSB/03100/SSB03161/000216.html
jhf