House File 2253 - Introduced HOUSE FILE 2253 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 501) A BILL FOR An Act relating to commission of a criminal offense involving 1 a victim fifteen years of age or younger, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5252HV (2) 85 jm/rj
H.F. 2253 Section 1. Section 710.3, Code 2014, is amended to read as 1 follows: 2 710.3 Kidnapping in the second degree. 3 1. Kidnapping where the purpose is to hold the victim 4 for ransom , or where the kidnapper is armed with a dangerous 5 weapon , or where the victim is fifteen years of age or younger, 6 is kidnapping in the second degree. Kidnapping in the second 7 degree is a class “B” felony. 8 2. For purposes of determining whether the person should 9 register as a sex offender pursuant to the provisions of 10 chapter 692A , the fact finder shall make a determination as 11 provided in section 692A.126 . 12 Sec. 2. Section 903A.2, subsection 1, unnumbered paragraph 13 1, Code 2014, is amended to read as follows: 14 Each inmate committed to the custody of the director of the 15 department of corrections is eligible to earn a reduction of 16 sentence in the manner provided in this section . For purposes 17 of calculating the amount of time by which an inmate’s sentence 18 may be reduced, inmates shall be grouped into the following two 19 three sentencing categories: 20 Sec. 3. Section 903A.2, subsection 1, paragraph a, 21 unnumbered paragraph 1, Code 2014, is amended to read as 22 follows: 23 Category “A” sentences are those sentences which are not 24 subject to a maximum accumulation of earned time of fifteen 25 percent of the total sentence of confinement under section 26 902.12 or category “C” sentences . To the extent provided 27 in subsection 5 , category “A” sentences also include life 28 sentences imposed under section 902.1 . An inmate of an 29 institution under the control of the department of corrections 30 who is serving a category “A” sentence is eligible for a 31 reduction of sentence equal to one and two-tenths days for each 32 day the inmate demonstrates good conduct and satisfactorily 33 participates in any program or placement status identified by 34 the director to earn the reduction. The programs include but 35 -1- LSB 5252HV (2) 85 jm/rj 1/ 4
H.F. 2253 are not limited to the following: 1 Sec. 4. Section 903A.2, subsection 1, paragraph b, Code 2 2014, is amended to read as follows: 3 b. Category “B” sentences are those sentences which are 4 subject to a maximum accumulation of earned time of fifteen 5 percent of the total sentence of confinement under section 6 902.12 and are not category “C” sentences . An inmate of an 7 institution under the control of the department of corrections 8 who is serving a category “B” sentence is eligible for a 9 reduction of sentence equal to fifteen eighty-fifths of a day 10 for each day of good conduct by the inmate. 11 Sec. 5. Section 903A.2, subsection 1, Code 2014, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . c. Notwithstanding paragraphs “a” and “b” , 14 an inmate serving a category “C” sentence is ineligible to 15 earn any reduction of sentence under this section. Category 16 “C” sentences are those sentences where the victim was fifteen 17 years of age or younger at the time the offense was committed 18 and is a violation of any of the following: 19 (1) Section 707.3 or 707.11. 20 (2) Section 709.2, 709.3, 709.4, or 709.8, section 709.11, 21 subsection 1 or 2, section 709.15, subsection 4, paragraph “a” , 22 or section 709.15, subsection 5, paragraph “a” . 23 (3) Section 710.3 or 710.4. 24 (4) Section 710A.2, subsection 2 or 4. 25 (5) Section 728.12, subsection 1 or 2, or section 728.12, 26 subsection 3, if the offense is classified as a felony. 27 Sec. 6. Section 903A.7, Code 2014, is amended to read as 28 follows: 29 903A.7 Separate sentences. 30 1. Consecutive multiple sentences that are within the 31 same category under section 903A.2 shall be construed as one 32 continuous sentence for purposes of calculating reductions of 33 sentence for earned time. 34 2. If a person is sentenced to serve sentences of both 35 -2- LSB 5252HV (2) 85 jm/rj 2/ 4
H.F. 2253 categories, category “B” sentences shall be served before 1 category “A” sentences are served, and earned time accrued 2 against the category “B” sentences shall not be used to reduce 3 the category “A” sentences. If an inmate serving a category 4 “A” sentence is sentenced to serve a category “B” sentence, 5 the category “A” sentence shall be interrupted, and no further 6 earned time shall accrue against that sentence until the 7 category “B” sentence is completed. 8 3. If a person is sentenced to serve both a category “C” 9 sentence and another category sentence, the category “C” 10 sentence shall be served before the other category sentence 11 is served, and no earned time shall accrue until the category 12 “C” sentence has been served. If an inmate serving another 13 category sentence besides a category “C” sentence is sentenced 14 to serve a category “C” sentence, the sentence of the other 15 category sentence shall be interrupted, and no further earned 16 time shall accrue against that sentence until the category “C” 17 sentence is completed. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to criminal offenses involving a victim 15 22 years of age or younger. 23 The bill changes the definition of kidnapping in the second 24 degree to include any kidnapping where the victim is 15 years 25 of age or younger. A person who commits kidnapping in the 26 second degree commits a class “B” felony. A class “B” felony 27 is punishable by confinement for no more than 25 years. 28 Kidnapping in the second degree is also classified as a 70 29 percent sentence under Code section 902.12. 30 Under current law there are two sentence categories relating 31 to the accrual of earned time. An inmate serving a category 32 “A” sentence is eligible for a reduction of sentence equal to 33 one and two-tenths days for each day the inmate demonstrates 34 good conduct and satisfactorily participates in any program or 35 -3- LSB 5252HV (2) 85 jm/rj 3/ 4
H.F. 2253 placement status identified by the director of the department 1 of corrections to earn the reduction. An inmate serving a 2 category “B” sentence under current law is eligible for a 3 reduction of sentence equal to fifteen eighty-fifths of a day 4 for each day of good conduct by the inmate. 5 The bill creates a category “C” sentence for the accrual 6 of earned time by eliminating the ability of an inmate 7 convicted of any of the following Code section felony offenses 8 to accumulate earned time if the victim of the offense 9 was 15 years of age or younger at the time the offense was 10 committed: 707.3 (murder in the second degree), 707.11 11 (attempt to commit murder), 709.2 (sexual abuse in the first 12 degree), 709.3 (sexual abuse in the second degree), 709.4 13 (sexual abuse in the third degree), 709.8 (lascivious acts 14 with a child), 709.11(1) or (2) (assault with intent to 15 commit sexual abuse), 709.15(4)(a) (sexual exploitation by a 16 counselor, therapist, or school employee), 710.3 (kidnapping 17 in the second degree), 710.4 (kidnapping in the third degree), 18 710A.2(2) or (4) (human trafficking), and 728.12 (sexual 19 exploitation of a minor). 20 Under the bill, if a person is sentenced to serve both 21 a category “C” sentence and another category sentence, the 22 category “C” sentence shall be served before the other category 23 sentence is served, and no earned time shall accrue until the 24 category “C” sentence has been served. The bill also provides 25 that if an inmate serving another category sentence besides 26 a category “C” sentence is sentenced to serve a category “C” 27 sentence, the sentence of the other category sentence shall be 28 interrupted, and no further earned time shall accrue against 29 that sentence until the category “C” sentence is completed. 30 -4- LSB 5252HV (2) 85 jm/rj 4/ 4