House
File
2390
S-5127
Amend
House
File
2390,
as
passed
by
the
House,
as
1
follows:
2
1.
Page
4,
after
line
20
by
inserting:
3
<
Sec.
___.
Section
903B.1,
Code
2011,
is
amended
to
4
read
as
follows:
5
903B.1
Special
sentence
——
class
“B”
or
class
“C”
6
felonies.
7
1.
A
Except
as
provided
in
subsection
2,
a
person
8
convicted
of
a
class
“C”
felony
or
greater
offense
9
under
chapter
709
,
or
a
class
“C”
felony
under
section
10
728.12
,
shall
also
be
sentenced,
in
addition
to
any
11
other
punishment
provided
by
law,
to
a
special
sentence
12
committing
the
person
into
the
custody
of
the
director
13
of
the
Iowa
department
of
corrections
for
the
rest
14
of
the
person’s
life,
with
eligibility
for
parole
as
15
provided
in
chapter
906
.
The
board
of
parole
shall
16
determine
whether
the
person
should
be
released
on
17
parole
or
placed
in
a
work
release
program.
The
18
special
sentence
imposed
under
this
section
shall
19
commence
upon
completion
of
the
sentence
imposed
under
20
any
applicable
criminal
sentencing
provisions
for
the
21
underlying
criminal
offense
and
the
person
shall
begin
22
the
sentence
under
supervision
as
if
on
parole
or
work
23
release.
The
person
shall
be
placed
on
the
corrections
24
continuum
in
chapter
901B
,
and
the
terms
and
conditions
25
of
the
special
sentence,
including
violations,
shall
26
be
subject
to
the
same
set
of
procedures
set
out
in
27
chapters
901B
,
905
,
906
,
and
chapter
908
,
and
rules
28
adopted
under
those
chapters
for
persons
on
parole
29
or
work
release.
The
revocation
of
release
shall
30
not
be
for
a
period
greater
than
two
years
upon
any
31
first
revocation,
and
five
years
upon
any
second
or
32
subsequent
revocation.
A
special
sentence
shall
be
33
considered
a
category
“A”
sentence
for
purposes
of
34
calculating
earned
time
under
section
903A.2
.
35
2.
A
person
who
commits
a
violation
of
section
36
709.4,
subsection
2,
paragraph
“c”
,
subparagraph
37
(4),
shall
not
be
subject
to
the
special
sentence
in
38
subsection
1,
if
either
of
the
following
apply:
39
a.
The
other
person
is
fourteen
years
of
age
and
40
the
person
is
four,
five,
or
six
years
older
than
the
41
other
person.
42
b.
The
other
person
is
fifteen
years
of
age
and
43
the
person
is
four
or
five
years
older
than
the
other
44
person.
>
45
2.
Page
4,
after
line
26
by
inserting:
46
<
Sec.
___.
APPLICABILITY.
The
amendment
to
47
section
903B.1
in
this
Act
applies
to
any
judgment
of
48
conviction
for
a
violation
of
section
709.4,
subsection
49
2,
paragraph
“c”,
subparagraph
(4),
entered
prior
to,
50
-1-
HF2390.5323
(3)
84
jm/rj
1/
2
#1.
#2.
on,
or
after
the
effective
date
of
this
Act,
as
that
1
conviction
relates
to
the
imposition
of
a
special
2
sentence
under
section
903B.1.
>
3
3.
Title
page,
line
2,
after
<
activity,
>
by
4
inserting
<
special
sentences,
>
5
4.
Title
page,
line
3,
after
<
applicable
>
by
6
inserting
<
and
including
applicability
provisions
>
7
5.
By
renumbering
as
necessary.
8
______________________________
NANCY
J.
BOETTGER
-2-
HF2390.5323
(3)
84
jm/rj
2/
2
#3.
#4.
#5.