House File 2398 - Introduced HOUSE FILE 2398 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2114) A BILL FOR An Act relating to the murder of a peace officer, reserve peace 1 officer, correctional officer, jailer, public employee, or 2 hostage, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5151HV (3) 85 jm/rj

H.F. 2398 Section 1. Section 707.2, subsection 1, paragraph d, Code 1 2014, is amended to read as follows: 2 d. The person intentionally kills a peace officer , 3 correctional officer, public employee, or hostage while the 4 person is imprisoned in a correctional institution under the 5 jurisdiction of the Iowa department of corrections, or in a 6 city or county jail or reserve peace officer when the officer 7 is in the performance of any act which is within the scope of 8 the lawful duty or authority of that officer and the person 9 knew or should have known the individual to be an officer . 10 Sec. 2. Section 707.2, subsection 1, Code 2014, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . g. The person intentionally kills a 13 correctional officer, jailer, public employee, or hostage while 14 the person is imprisoned in a correctional institution under 15 the jurisdiction of the Iowa department of corrections, or in 16 a city or county jail. 17 Sec. 3. Section 707.3, subsection 1, Code 2014, is amended 18 to read as follows: 19 1. a. A person commits murder in the second degree when the 20 person commits murder which is not murder in the first degree. 21 b. Murder in the second degree includes the following: 22 (1) The person kills a peace officer or reserve peace 23 officer when the officer is in the performance of any act which 24 is within the scope of the lawful duty or authority of that 25 officer and the person knew or should have known the individual 26 to be an officer. 27 (2) The person kills a correctional officer, jailer, 28 public employee, or hostage while the person is imprisoned in 29 a correctional institution under the jurisdiction of the Iowa 30 department of corrections, or in a city or county jail. 31 Sec. 4. Section 902.12, Code 2014, is amended to read as 32 follows: 33 902.12 Minimum sentence for certain felonies —— eligibility 34 for parole or work release. 35 -1- LSB 5151HV (3) 85 jm/rj 1/ 3

H.F. 2398 1. A person serving a sentence for conviction of the 1 following felonies, including a person serving a sentence 2 for conviction of the following felonies prior to July 1, 3 2003, shall be denied parole or work release unless the person 4 has served at least seven-tenths of the maximum term of the 5 person’s sentence: 6 1. a. Murder Except as provided in subsection 2, murder in 7 the second degree in violation of section 707.3 . 8 2. b. Attempted murder in violation of section 707.11 . 9 3. c. Sexual abuse in the second degree in violation of 10 section 709.3 . 11 4. d. Kidnapping in the second degree in violation of 12 section 710.3 . 13 5. e. Robbery in the first or second degree in violation of 14 section 711.2 or 711.3 . 15 6. f. Vehicular homicide in violation of section 707.6A, 16 subsection 1 or 2 , if the person was also convicted under 17 section 321.261, subsection 4 , based on the same facts or 18 event that resulted in the conviction under section 707.6A, 19 subsection 1 or 2 . 20 2. Except as provided in section 903A.2, subsection 1, 21 paragraph “b” , a person serving a sentence for conviction of 22 murder in the second degree under section 707.3, subsection 1, 23 paragraph “b” , shall serve one hundred percent of the maximum 24 term of the person’s sentence and shall not be released on 25 parole or work release. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill specifies that murder in the first degree includes 30 the intentional killing of a peace officer or reserve peace 31 officer when the officer is in the performance of any act which 32 is within the scope of the lawful duty or authority of that 33 officer and the person knew or should have known the individual 34 to be an officer. The bill further specifies that murder in 35 -2- LSB 5151HV (3) 85 jm/rj 2/ 3

H.F. 2398 the first degree includes the intentional killing of a jailer 1 while the killer is incarcerated in a city or county jail. 2 Under current law, murder in the first degree includes the 3 intentional killing of a peace officer, correctional officer, 4 public employee, or hostage while the person is imprisoned in 5 a correctional institution under the jurisdiction of the Iowa 6 department of corrections, or in a city or county jail. 7 Murder in the first degree is a class “A” felony. 8 The bill bifurcates the penalty for murder in the second 9 degree. Under the bill, a person commits a class “B” 10 felony subject to a maximum term of confinement of 50 years, 11 classified as an 85 percent sentence under Code section 12 902.12, if the person does any of the following: kills a 13 peace officer or reserve peace officer when the officer is in 14 the performance of any act which is within the scope of the 15 lawful duty or authority of that officer and the person knew or 16 should have known the individual to be an officer; or kills a 17 correctional officer, jailer, public employee, or hostage while 18 the person is imprisoned in a correctional institution under 19 the jurisdiction of the Iowa department of corrections, or in 20 a city or county jail. 21 All other murder in the second degree offenses are a class 22 “B” felony subject to a maximum term of confinement of 50 23 years, classified as 70 percent sentences under Code section 24 902.12. 25 -3- LSB 5151HV (3) 85 jm/rj 3/ 3