H.F. _____ 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 5252YC (6) 85 jm/rj 1/ 5

H.F. _____ 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) Sections 707.2, 707.3, 707.3A, 707.4, 707.5, and 20 707.11. 21 (2) Section 707A.2. 22 (3) Sections 708.2, subsections 1, 3, 4, and 5, section 23 708.2A, subsection 2, paragraphs “c” and “d” , section 708.2A, 24 subsections 3, 4, and 5, sections 708.2C, 708.3, 708.4, 708.5, 25 and 708.6, section 708.7, subsection 2, and sections 708.8 and 26 708.11. 27 (4) Sections 709.2 and 709.3, section 709.4, except 28 section 709.4, subsection 1, paragraph “b” , subparagraph (3), 29 subparagraph division (d), and sections 709.8, 709.11, 709.12, 30 709.15, and 709.16. 31 (5) Sections 710.2, 710.3, 710.4, 710.5, 710.10, and 32 710.11. 33 (6) Sections 710A.2 and 710A.2A. 34 (7) Sections 712.2, 712.3, and 712.4. 35 -2- LSB 5252YC (6) 85 jm/rj 2/ 5

H.F. _____ (8) Sections 713.3, 713.4, 713.5, and 713.6. 1 (9) Sections 725.1 and 725.2, and section 725.3, subsection 2 2. 3 (10) Section 726.2. 4 (11) Section 728.12. 5 (12) Any conspiracy as defined under section 706.1 to commit 6 an offense described in this paragraph “c” . 7 Sec. 6. Section 903A.7, Code 2014, is amended to read as 8 follows: 9 903A.7 Separate sentences. 10 1. Consecutive multiple sentences that are within the 11 same category under section 903A.2 shall be construed as one 12 continuous sentence for purposes of calculating reductions of 13 sentence for earned time. 14 2. If a person is sentenced to serve sentences of both 15 categories, category “B” sentences shall be served before 16 category “A” sentences are served, and earned time accrued 17 against the category “B” sentences shall not be used to reduce 18 the category “A” sentences. If an inmate serving a category 19 “A” sentence is sentenced to serve a category “B” sentence, 20 the category “A” sentence shall be interrupted, and no further 21 earned time shall accrue against that sentence until the 22 category “B” sentence is completed. 23 3. If a person is sentenced to serve both a category “C” 24 sentence and another category sentence, the category “C” 25 sentence shall be served before the other category sentence 26 is served, and no earned time shall accrue until the category 27 “C” sentence has been served. If an inmate serving another 28 category sentence besides a category “C” sentence is sentenced 29 to serve a category “C” sentence, the sentence of the other 30 category sentence shall be interrupted, and no further earned 31 time shall accrue against that sentence until the category “C” 32 sentence is completed. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5252YC (6) 85 jm/rj 3/ 5

H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to criminal offenses involving a victim 15 2 years of age or younger. 3 The bill changes the definition of kidnapping in the second 4 degree to include any kidnapping where the victim is 15 years 5 of age or younger. A person who commits kidnapping in the 6 second degree commits a class “B” felony. A class “B” felony 7 is punishable by confinement for no more than 25 years. 8 Kidnapping in the second degree is also classified as a 70 9 percent sentence under Code section 902.12. 10 Under current law there are two sentence categories relating 11 to the accrual of earned time. An inmate serving a category 12 “A” sentence is eligible for a reduction of sentence equal to 13 one and two-tenths days for each day the inmate demonstrates 14 good conduct and satisfactorily participates in any program or 15 placement status identified by the director of the department 16 of corrections to earn the reduction. An inmate serving a 17 category “B” sentence under current law is eligible for a 18 reduction of sentence equal to fifteen eighty-fifths of a day 19 for each day of good conduct by the inmate. 20 The bill creates a category “C” sentence for the accrual of 21 earned time by eliminating the ability of an inmate convicted 22 of any of the following Code section offenses to accumulate 23 earned time if the victim of the offense was 15 years of age 24 or younger at the time the offense was committed: 707.2 25 (murder in the first degree), 707.3 (murder in the second 26 degree), 707.3A (solicitation to commit murder), 707.4 27 (voluntary manslaughter), 707.5 (involuntary manslaughter), 28 707.11 (attempt to commit murder), 707A.2 (assisting suicide), 29 708.2(1), (3), (4), and (5) (certain assaults), 708.2A(2)(c) 30 and (d) and 708.2A(3), (4), and (5) (certain domestic 31 assaults), 708.2C (assault in violation of individual rights), 32 708.3 (assault while participating in a felony), 708.4 (willful 33 injury), 708.5 (administering harmful substances), 708.6 34 (intimidation with a dangerous weapon), 708.7(2) (harassment 35 -4- LSB 5252YC (6) 85 jm/rj 4/ 5

H.F. _____ in the first degree), 708.8 (going armed with intent), 708.11 1 (stalking), 709.2 (sexual abuse in the first degree), 709.3 2 (sexual abuse in the second degree), 709.4 (sexual abuse in the 3 third degree except statutory rape), 709.8 (lascivious acts 4 with a child), 709.11 (assault with intent to commit sexual 5 abuse), 709.12 (indecent contact with a child), 709.15 (sexual 6 exploitation by a counselor, therapist, or school employee), 7 709.16 (sexual misconduct with offenders and juveniles), 710.2 8 (kidnapping in the first degree), 710.3 (kidnapping in the 9 second degree), 710.4 (kidnapping in the third degree), 710.5 10 (child stealing), 710.10 (enticing a minor), 710.11 (purchase 11 or sale of individual), 710A.2 (human trafficking), 710A.2A 12 (solicitation of commercial sexual activity), 712.2 (arson in 13 the first degree), 712.3 (arson in the second degree), 712.4 14 (arson in the third degree), 713.3 (burglary in the first 15 degree), 713.4 (attempted burglary in the first degree), 713.5 16 (burglary in the second degree), 713.6 (attempted burglary in 17 the second degree), 725.1 (prostitution), 725.2 (pimping), 18 725.3(2) (pandering involving a minor), 726.2 (incest), 728.12 19 (sexual exploitation of a minor), and any conspiracy as defined 20 in Code section 706.1 to commit an offense described in the 21 bill involving a victim 15 years of age or younger. 22 Under the bill, if a person is sentenced to serve both 23 a category “C” sentence and another category sentence, the 24 category “C” sentence shall be served before the other category 25 sentence is served, and no earned time shall accrue until the 26 category “C” sentence has been served. The bill also provides 27 that if an inmate serving another category sentence besides 28 a category “C” sentence is sentenced to serve a category “C” 29 sentence, the sentence of the other category sentence shall be 30 interrupted, and no further earned time shall accrue against 31 that sentence until the category “C” sentence is completed. 32 -5- LSB 5252YC (6) 85 jm/rj 5/ 5