House File 2064 S-5118 Amend the amendment, S-5082, to House File 2064, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. Page 1, by striking lines 1 through 24 and 4 inserting: 5 < Amend House File 2064, as amended, passed, and 6 reprinted by the House, as follows: 7 1. By striking everything after the enacting clause 8 and inserting: 9 < Section 1. Section 802.2B, Code 2016, is amended 10 by adding the following new subsection: 11 NEW SUBSECTION . 5A. Child endangerment in 12 violation of section 726.6, subsection 4, 5, or 6. 13 Sec. 2. Section 902.12, Code 2016, is amended to 14 read as follows: 15 902.12 Minimum sentence for certain felonies —— 16 eligibility for parole or work release. 17 1. A person serving a sentence for conviction of 18 the following felonies, including a person serving a 19 sentence for conviction of the following felonies prior 20 to July 1, 2003, shall be denied parole or work release 21 unless the person has served at least seven-tenths of 22 the maximum term of the person’s sentence: 23 1. a. Murder in the second degree in violation of 24 section 707.3 . 25 2. b. Attempted murder in violation of section 26 707.11 . 27 3. c. Sexual abuse in the second degree in 28 violation of section 709.3 . 29 4. d. Kidnapping in the second degree in violation 30 of section 710.3 . 31 5. e. Robbery in the first or second degree in 32 violation of section 711.2 or 711.3 . 33 6. f. Vehicular homicide in violation of section 34 707.6A, subsection 1 or 2 , if the person was also 35 -1- S5082.3310 (2) 86 jm/rj 1/ 3 #1.
convicted under section 321.261, subsection 4 , based on 1 the same facts or event that resulted in the conviction 2 under section 707.6A, subsection 1 or 2 . 3 2. a. A person serving a sentence for a conviction 4 of child endangerment as defined in section 726.6, 5 subsection 1, paragraph “b” , that is described and 6 punishable under section 726.6, subsection 4, shall 7 be denied parole or work release until the person has 8 served between three-tenths and seven-tenths of the 9 maximum term of the person’s sentence as provided under 10 paragraph “b” . 11 b. The sentencing court shall determine when 12 the person shall become eligible for consideration 13 of parole or work release within the parameters 14 specified under paragraph “a” , based upon all pertinent 15 information including the person’s criminal record, 16 a validated risk assessment, and whether the offense 17 involved multiple intentional acts or a series of 18 intentional acts, or whether the offense involved 19 torture or cruelty. 20 Sec. 3. NEW SECTION . 906.20 Waiver of minimum 21 sentence. 22 Notwithstanding section 124.413, the board of 23 parole, at its discretion, may place on parole or work 24 release a person sentenced for a violation of section 25 124.401, subsection 1, paragraph “a” , “b” , or “c” , if 26 the person is not classified a high risk to reoffend 27 and the person has served at least one-half of the 28 minimum period of confinement prescribed under section 29 124.413. >> 30 2. Title page, line 2, by striking < resulting in 31 the death of a child or minor > and inserting < and to 32 criminal drug offenses > 33 -2- S5082.3310 (2) 86 jm/rj 2/ 3
______________________________ STEVEN J. SODDERS -3- S5082.3310 (2) 86 jm/rj 3/ 3