SSB 3124 (LSB 5219IC (4) 83)

SENATE/HOUSE FILE _____

BY  (RECOMMENDED BY THE CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL)

A BILL FOR

An Act creating the criminal offense of robbery in the third degree, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 702.11, subsection 2, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  dd.  Robbery in the third degree in violation of section 711.3A.
    Sec. 2.  Section 711.3, Code 2009, is amended to read as follows:
   711.3  Robbery in the second degree.

   All robbery which is not robbery in the first degree is robbery in the second degree, except as provided in section 711.3A. Robbery in the second degree is a class “C” felony.
    Sec. 3.  NEW SECTION.  711.3A  Robbery in the third degree.
   1.  A person commits robbery in the third degree when, while perpetrating a robbery, the person commits an assault as defined in section 708.2, subsection 6, upon another person.
   2.  Robbery in the third degree is a class “D” felony.
EXPLANATION
   This bill creates a criminal offense of robbery in the third degree.
   Under the bill, a person commits robbery in the third degree if while perpetrating the robbery the person commits a simple misdemeanor assault in violation of Code section 708.2(6). The bill classifies robbery in the third degree as a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill also exempts robbery in the third degree from the definition of forcible felony. By exempting robbery in the third degree from the definition of forcible felony, a person is eligible to receive a suspended or deferred sentence, or a deferred judgment under Code section 907.3.
   Currently, under the same set of facts and circumstances a person commits a robbery in the second degree in violation of Code section 711.3 and the offense is classified as a class “C” felony 70 percent sentence under Code section 902.12.