House
Study
Bill
44
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
establishing
a
parole
procedure
for
certain
persons
1
serving
a
class
“A”
felony
sentence.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
902.1,
Code
2011,
is
amended
to
read
as
1
follows:
2
902.1
Class
“A”
felony.
3
1.
Upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
4
verdict
upon
which
a
judgment
of
conviction
of
a
class
“A”
5
felony
may
be
rendered,
the
court
shall
enter
a
judgment
of
6
conviction
and
shall
commit
the
defendant
into
the
custody
of
7
the
director
of
the
Iowa
department
of
corrections
for
the
rest
8
of
the
defendant’s
life.
Nothing
in
the
Iowa
corrections
code
9
pertaining
to
deferred
judgment,
deferred
sentence,
suspended
10
sentence,
or
reconsideration
of
sentence
applies
to
a
class
“A”
11
felony,
and
a
person
convicted
of
a
class
“A”
felony
shall
not
12
be
released
on
parole
unless
the
governor
commutes
the
sentence
13
to
a
term
of
years.
14
2.
a.
Notwithstanding
subsection
1,
a
person
convicted
15
of
a
class
“A”
felony,
and
who
was
a
child
under
the
age
16
of
eighteen
at
the
time
the
offense
was
committed
shall
be
17
eligible
for
parole
after
serving
a
minimum
term
of
confinement
18
of
twenty-five
years.
19
b.
If
a
person
is
paroled
pursuant
to
this
subsection
the
20
person
shall
be
subject
to
the
same
set
of
procedures
set
out
21
in
chapters
901B,
905,
906,
and
chapter
908,
and
rules
adopted
22
under
those
chapters
for
persons
on
parole.
23
c.
A
person
convicted
of
murder
in
the
first
degree
in
24
violation
of
section
707.2
shall
not
be
eligible
for
parole
25
pursuant
to
this
subsection.
26
EXPLANATION
27
This
bill
establishes
a
parole
procedure
for
certain
persons
28
serving
a
class
“A”
felony.
29
The
bill
provides
that
a
person
serving
a
class
“A”
felony,
30
other
than
a
person
convicted
of
murder
in
the
first
degree,
31
who
was
under
18
years
of
age
when
the
offense
was
committed
is
32
eligible
for
parole
after
serving
a
minimum
term
of
confinement
33
of
25
years.
34
The
bill
applies
to
the
following
class
“A”
felonies:
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conspiracy
to
manufacture
for
delivery,
delivery,
or
intent
to
1
deliver
amphetamine
or
methamphetamine
to
a
minor
in
violation
2
of
Code
section
124.401D;
sexual
abuse
in
the
first
degree
in
3
violation
of
Code
section
709.2;
kidnapping
in
the
first
degree
4
in
violation
of
Code
section
710.2;
and
enhanced
penalties
for
5
sexual
abuse
and
lascivious
acts
with
a
child
in
violation
of
6
Code
section
902.14.
7
If
a
person
is
paroled
pursuant
to
the
bill,
the
person
8
shall
be
subject
to
the
same
set
of
procedures
set
out
in
Code
9
chapters
901B,
905,
906,
and
908,
and
rules
adopted
under
those
10
Code
chapters
for
persons
on
parole.
The
parole
status
of
a
11
person
paroled
pursuant
to
the
bill
may
be
revoked
and
the
12
original
sentence
imposed
under
the
procedures
of
Code
chapter
13
908.
The
paroled
person
may
also
be
discharged
early
from
14
parole
pursuant
to
Code
section
906.15.
15
Code
section
903A.5
does
not
apply
to
reduce
the
mandatory
16
minimum
sentence
of
25
years
established
by
the
bill.
17
The
bill
also
does
not
apply
to
enhanced
life
sentences
in
18
Code
chapter
901A
(sexually
predatory
offenses).
19
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