House Amendment to Senate Amendment to House File 2064 S-5179 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 -1- H8196.3906.H (2) 86 md 1/ 4 #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 -2- H8196.3906.H (2) 86 md 2/ 4

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 one-half of the minimum 16 term of confinement prescribed in section 124.413. 17 2. When the board of parole considers a person 18 for parole or work release pursuant to this section, 19 the board shall consider all pertinent information 20 including the person’s criminal record, a validated 21 risk assessment, and the negative impact the offense 22 has had on the victim or other persons. 23 Sec. ___. Section 902.12, Code 2016, is amended to 24 read as follows: 25 902.12 Minimum sentence for certain felonies —— 26 eligibility for parole or work release. 27 1. A person serving a sentence for conviction of 28 the following felonies, including a person serving a 29 sentence for conviction of the following felonies prior 30 to July 1, 2003, shall be denied parole or work release 31 unless the person has served at least seven-tenths of 32 the maximum term of the person’s sentence: 33 1. a. Murder in the second degree in violation of 34 section 707.3 . 35 -3- H8196.3906.H (2) 86 md 3/ 4

2. b. Attempted murder in violation of section 1 707.11 . 2 3. c. Sexual abuse in the second degree in 3 violation of section 709.3 . 4 4. d. Kidnapping in the second degree in violation 5 of section 710.3 . 6 5. e. Robbery in the first or second degree 7 in violation of section 711.2 or 711.3 , except as 8 determined in subsection 3 . 9 6. f. Vehicular homicide in violation of section 10 707.6A, subsection 1 or 2 , if the person was also 11 convicted under section 321.261, subsection 4 , based on 12 the same facts or event that resulted in the conviction 13 under section 707.6A, subsection 1 or 2 . 14 2. A person serving a sentence for a conviction 15 of child endangerment as defined in section 726.6, 16 subsection 1, paragraph “b” , that is described and 17 punishable under section 726.6, subsection 4, shall 18 be denied parole or work release until the person has 19 served between three-tenths and seven-tenths of the 20 maximum term of the person’s sentence as determined 21 under section 901.11, subsection 2. 22 3. A person serving a sentence for a conviction for 23 robbery in the second degree in violation of section 24 711.3 for a conviction that occurs on or after July 1, 25 2016, shall be denied parole or work release until the 26 person has served between one-half and seven-tenths of 27 the maximum term of the person’s sentence as determined 28 under section 901.11, subsection 3. > 29 2. Title page, lines 1 and 2, by striking < offense 30 of child endangerment resulting in death of a child or 31 minor, > and inserting < offenses of child endangerment 32 and robbery and criminal drug offenses, > 33 -4- H8196.3906.H (2) 86 md 4/ 4