SF 2073 (LSB 5028XS (10) 85)

SENATE FILE 2073

BY  McCOY

A BILL FOR

An Act establishing a criminal penalty for a violent habitual offender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 901.5, subsection 2, Code 2014, is amended to read as follows:
   2.  If the defendant is not an a habitual offender or violent habitual offender as defined by section 902.8 or 902.8B, the court may pronounce judgment and impose a fine.
    Sec. 2.  NEW SECTION.  902.8B  Minimum sentence —— violent habitual offender.
   1.  A violent habitual offender is any person convicted of a class “C” or a class “D” felony, who has twice before been convicted of any felony violation under chapter 707, 708, 709, or 710. An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person’s conviction. A person sentenced as a violent habitual offender shall not be eligible for parole until the person has served the minimum sentence of confinement of four years.
   2.  For purposes of this section, felony conviction includes any felony conviction in another jurisdiction that is comparable to a felony listed in subsection 1 or any conviction under the prior laws of this state or another jurisdiction, that is comparable to a felony conviction listed in subsection 1.
    Sec. 3.  Section 902.9, subsection 1, paragraphs c through e, Code 2014, are amended to read as follows:
   c.  An A habitual offender under section 902.8 shall be confined for no more than fifteen years.
   d.  A class “C” felon, not an a habitual offender, shall be confined for no more than ten years, and in addition shall be sentenced to a fine of at least one thousand dollars but not more than ten thousand dollars.
   e.  A class “D” felon, not an a habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars.
    Sec. 4.  Section 902.9, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0d.  A violent habitual offender under section 902.8B shall be confined for no more than twenty-one years.
    Sec. 5.  Section 906.4, subsection 1, Code 2014, is amended to read as follows:
   1.  A parole or work release shall be ordered only for the best interest of society and the offender or as otherwise required by law, and not as an award of clemency. The board shall release on parole or work release any person whom it has the power to so release, when in its opinion there is reasonable probability that the person can be released without detriment to the community or to the person. A person’s release is not a detriment to the community or the person if the person is able and willing to fulfill the obligations of a law-abiding citizen, in the board’s determination.
    Sec. 6.  Section 906.4, subsection 2, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A person serving a sentence under section 902.8B shall be placed on parole or work release at least one year prior to the discharge of the person’s sentence. Parole or work release for a person serving a sentence under section 902.8B, shall begin in a residential treatment facility operated by a judicial district department of correctional services.
    Sec. 7.  Section 907.3, subsection 1, paragraph a, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (14)  The defendant is classified as a violent habitual offender under section 902.8B.
    Sec. 8.  Section 907.3, subsection 2, paragraph a, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (8)  Section 902.8B classifying the defendant as a violent habitual offender.
    Sec. 9.  Section 907.3, subsection 3, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  A sentence imposed under section 902.8B.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes a criminal penalty for a violent habitual offender.
   Under the bill, a person convicted of a class “C” or a class “D” felony, who has twice before been convicted of any felony violation under Code chapter 707 (homicide and related crimes), 708 (assault and related offenses), 709 (sexual abuse and related offenses), 710 (kidnapping and related offenses), or any similar offense in another jurisdiction shall be classified as a violent habitual offender. A person classified as a violent habitual offender shall be confined for no more than 21 years. A person sentenced as a violent habitual offender shall not be eligible for parole until the person has served the minimum sentence of confinement of four years.
   The bill requires a violent habitual offender to be placed on parole or work release prior to the expiration of the sentence. The bill prohibits a violent habitual offender from being discharged early from parole or work release unless the offender has served at least one year on parole or work release. The bill also requires a violent habitual offender’s parole or work release to begin in a residential treatment facility operated by a judicial district department of correctional services.
   The bill also prohibits a person classified as a violent habitual offender from receiving a deferred judgment, or a deferred or suspended sentence.