House
File
2064
H-8301
Amend
the
Senate
amendment,
H-8196,
to
House
File
1
2064,
as
amended,
passed,
and
reprinted
by
the
House,
2
as
follows:
3
1.
By
striking
page
1,
line
5,
through
page
2,
line
4
28,
and
inserting:
5
<
Sec.
___.
Section
124.413,
subsection
1,
Code
6
2016,
is
amended
to
read
as
follows:
7
1.
A
Except
as
provided
in
subsection
3
and
8
sections
901.11
and
901.12,
a
person
sentenced
pursuant
9
to
section
124.401,
subsection
1
,
paragraph
“a”
,
“b”
,
10
“c”
,
“e”
,
or
“f”
,
shall
not
be
eligible
for
parole
or
11
work
release
until
the
person
has
served
a
minimum
12
period
of
confinement
of
one-third
of
the
maximum
13
indeterminate
sentence
prescribed
by
law.
14
Sec.
___.
Section
124.413,
Code
2016,
is
amended
by
15
adding
the
following
new
subsection:
16
NEW
SUBSECTION
.
3.
A
person
serving
a
sentence
17
pursuant
to
section
124.401,
subsection
1,
paragraph
18
“b”
or
“c”
,
shall
be
denied
parole
or
work
release,
19
based
upon
all
the
pertinent
information
as
determined
20
by
the
court
under
section
901.11,
subsection
1,
until
21
the
person
has
served
between
one-half
of
the
minimum
22
term
of
confinement
prescribed
in
subsection
1
and
the
23
maximum
indeterminate
sentence
prescribed
by
law.
24
Sec.
___.
Section
711.3,
Code
2016,
is
amended
to
25
read
as
follows:
26
711.3
Robbery
in
the
second
degree.
27
All
robbery
which
is
not
robbery
in
the
first
degree
28
is
robbery
in
the
second
degree
,
except
as
provided
in
29
section
711.3A
.
Robbery
in
the
second
degree
is
a
class
30
“C”
felony.
31
Sec.
___.
NEW
SECTION
.
711.3A
Robbery
in
the
third
32
degree.
33
1.
A
person
commits
robbery
in
the
third
degree
34
when,
while
perpetrating
a
robbery,
the
person
commits
35
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5
#1.
an
assault
as
described
in
section
708.2,
subsection
6,
1
upon
another
person.
2
2.
Robbery
in
the
third
degree
is
an
aggravated
3
misdemeanor.
4
Sec.
___.
Section
802.2B,
Code
2016,
is
amended
by
5
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
5A.
Child
endangerment
in
7
violation
of
section
726.6,
subsection
4,
5,
or
6.
8
Sec.
___.
NEW
SECTION
.
901.11
Parole
eligibility
9
determination
by
court
——
certain
drug,
child
10
endangerment,
and
robbery
offenses.
11
1.
At
the
time
of
sentencing,
the
court
shall
12
determine
when
a
person
convicted
under
section
13
124.401,
subsection
1,
paragraph
“b”
or
“c”
,
shall
14
first
become
eligible
for
parole
or
work
release
15
within
the
parameters
described
in
section
124.413,
16
subsection
3,
based
upon
all
the
pertinent
information
17
including
the
person’s
criminal
record,
a
validated
18
risk
assessment,
and
the
negative
impact
the
offense
19
has
had
on
the
victim
or
other
persons.
20
2.
At
the
time
of
sentencing,
the
court
shall
21
determine
when
a
person
convicted
of
child
endangerment
22
as
described
in
section
902.12,
subsection
2,
shall
23
first
become
eligible
for
parole
or
work
release
within
24
the
parameters
specified
in
section
902.12,
subsection
25
2,
based
upon
all
pertinent
information
including
the
26
person’s
criminal
record,
a
validated
risk
assessment,
27
and
whether
the
offense
involved
multiple
intentional
28
acts
or
a
series
of
intentional
acts,
or
whether
the
29
offense
involved
torture
or
cruelty.
30
3.
At
the
time
of
sentencing,
the
court
shall
31
determine
when
a
person
convicted
of
robbery
in
32
the
second
degree
as
described
in
section
902.12,
33
subsection
3,
shall
first
become
eligible
for
parole
34
or
work
release
within
the
parameters
specified
in
35
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5
section
902.12,
subsection
3,
based
upon
all
pertinent
1
information
including
the
person’s
criminal
record,
a
2
validated
risk
assessment,
and
the
negative
impact
the
3
offense
has
had
on
the
victim
or
other
persons.
4
Sec.
___.
NEW
SECTION
.
901.12
Mandatory
minimum
5
sentence
——
parole
eligibility
——
certain
earlier
drug
6
offenses.
7
1.
Effective
July
1,
2016,
and
notwithstanding
8
section
124.413,
a
person
whose
sentence
commenced
9
prior
to
July
1,
2016,
for
a
conviction
under
section
10
124.401,
subsection
1,
paragraph
“b”
or
“c”
,
who
has
11
not
previously
been
convicted
of
a
forcible
felony,
12
and
who
does
not
have
a
prior
conviction
under
section
13
124.401,
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
,
14
shall
first
be
eligible
for
parole
or
work
release
15
after
the
person
has
served
between
one-half
of
the
16
minimum
term
of
confinement
prescribed
in
section
17
124.413
and
the
maximum
indeterminate
sentence
18
prescribed
by
law.
19
2.
When
the
board
of
parole
considers
a
person
20
for
parole
or
work
release
pursuant
to
this
section,
21
the
board
shall
consider
all
pertinent
information
22
including
the
person’s
criminal
record,
a
validated
23
risk
assessment,
and
the
negative
impact
the
offense
24
has
had
on
the
victim
or
other
persons.
25
Sec.
___.
Section
902.12,
Code
2016,
is
amended
to
26
read
as
follows:
27
902.12
Minimum
sentence
for
certain
felonies
——
28
eligibility
for
parole
or
work
release.
29
1.
A
person
serving
a
sentence
for
conviction
of
30
the
following
felonies,
including
a
person
serving
a
31
sentence
for
conviction
of
the
following
felonies
prior
32
to
July
1,
2003,
shall
be
denied
parole
or
work
release
33
unless
the
person
has
served
at
least
seven-tenths
of
34
the
maximum
term
of
the
person’s
sentence:
35
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5
1.
a.
Murder
in
the
second
degree
in
violation
of
1
section
707.3
.
2
2.
b.
Attempted
murder
in
violation
of
section
3
707.11
.
4
3.
c.
Sexual
abuse
in
the
second
degree
in
5
violation
of
section
709.3
.
6
4.
d.
Kidnapping
in
the
second
degree
in
violation
7
of
section
710.3
.
8
5.
e.
Robbery
in
the
first
or
second
degree
9
in
violation
of
section
711.2
or
711.3
,
except
as
10
determined
in
subsection
3
.
11
6.
f.
Vehicular
homicide
in
violation
of
section
12
707.6A,
subsection
1
or
2
,
if
the
person
was
also
13
convicted
under
section
321.261,
subsection
4
,
based
on
14
the
same
facts
or
event
that
resulted
in
the
conviction
15
under
section
707.6A,
subsection
1
or
2
.
16
2.
A
person
serving
a
sentence
for
a
conviction
17
of
child
endangerment
as
defined
in
section
726.6,
18
subsection
1,
paragraph
“b”
,
that
is
described
and
19
punishable
under
section
726.6,
subsection
4,
shall
20
be
denied
parole
or
work
release
until
the
person
has
21
served
between
three-tenths
and
seven-tenths
of
the
22
maximum
term
of
the
person’s
sentence
as
determined
23
under
section
901.11,
subsection
2.
24
3.
A
person
serving
a
sentence
for
a
conviction
for
25
robbery
in
the
second
degree
in
violation
of
section
26
711.3
for
a
conviction
that
occurs
on
or
after
July
1,
27
2016,
shall
be
denied
parole
or
work
release
until
the
28
person
has
served
between
one-half
and
seven-tenths
of
29
the
maximum
term
of
the
person’s
sentence
as
determined
30
under
section
901.11,
subsection
3.
>
31
2.
Title
page,
lines
1
and
2,
by
striking
<
offense
32
of
child
endangerment
resulting
in
death
of
a
child
or
33
minor,
>
and
inserting
<
offenses
of
child
endangerment
34
and
robbery
and
criminal
drug
offenses,
>
35
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5
______________________________
BALTIMORE
of
Boone
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