Senate
Study
Bill
3144
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
modifying
the
parole
and
work
release
eligibility
for
1
persons
convicted
of
robbery
in
the
first
or
second
degree.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
902.12,
Code
2014,
is
amended
to
read
as
1
follows:
2
902.12
Minimum
sentence
for
certain
felonies
——
eligibility
3
for
parole
or
work
release.
4
1.
A
person
serving
a
sentence
for
conviction
of
the
5
following
felonies,
including
a
person
serving
a
sentence
6
for
conviction
of
the
following
felonies
prior
to
July
1,
7
2003,
shall
be
denied
parole
or
work
release
unless
the
person
8
has
served
at
least
seven-tenths
of
the
maximum
term
of
the
9
person’s
sentence:
10
1.
a.
Murder
in
the
second
degree
in
violation
of
section
11
707.3
.
12
2.
b.
Attempted
murder
in
violation
of
section
707.11
.
13
3.
c.
Sexual
abuse
in
the
second
degree
in
violation
of
14
section
709.3
.
15
4.
d.
Kidnapping
in
the
second
degree
in
violation
of
16
section
710.3
.
17
5.
Robbery
in
the
first
or
second
degree
in
violation
of
18
section
711.2
or
711.3
.
19
6.
e.
Vehicular
homicide
in
violation
of
section
707.6A,
20
subsection
1
or
2
,
if
the
person
was
also
convicted
under
21
section
321.261,
subsection
4
,
based
on
the
same
facts
or
22
event
that
resulted
in
the
conviction
under
section
707.6A,
23
subsection
1
or
2
.
24
2.
a.
A
person
serving
a
sentence
for
a
conviction
of
25
robbery
in
the
first
degree
in
violation
of
section
711.2
shall
26
be
denied
parole
or
work
release
unless
the
person
has
served
27
at
least
seven
years
of
the
sentence
imposed
by
law.
28
b.
A
person
serving
a
sentence
for
a
conviction
of
robbery
29
in
the
second
degree
in
violation
of
section
711.3
shall
be
30
denied
parole
or
work
release
unless
the
person
has
served
at
31
least
three
years
of
the
sentence
imposed
by
law.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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_____
This
bill
modifies
the
parole
and
work
release
eligibility
1
for
persons
convicted
of
robbery
in
the
first
or
second
degree.
2
Under
the
bill,
a
person
serving
a
sentence
for
a
conviction
3
of
robbery
in
the
first
degree
in
violation
of
Code
section
4
711.2
shall
be
denied
parole
or
work
release
unless
the
person
5
has
served
a
minimum
of
seven
years
of
confinement.
A
person
6
who
commits
robbery
in
the
first
degree
commits
a
class
“B”
7
felony
which
is
punishable
by
confinement
for
no
more
than
25
8
years.
Under
current
law,
a
person
serving
a
sentence
for
9
robbery
in
the
first
degree
is
not
eligible
for
parole
until
10
the
person
has
served
a
minimum
of
17.5
years
of
confinement.
11
Under
the
bill,
a
person
serving
a
sentence
for
a
conviction
12
of
robbery
in
the
second
degree
in
violation
of
Code
section
13
711.3
shall
be
denied
parole
or
work
release
unless
the
person
14
has
served
a
minimum
of
three
years
of
confinement.
A
person
15
who
commits
robbery
in
the
second
degree
commits
a
class
“C”
16
felony.
A
class
“C”
felony
is
punishable
by
confinement
for
17
no
more
than
10
years
and
a
fine
of
at
least
$1,000
but
not
18
more
than
$10,000.
Under
current
law,
a
person
serving
a
19
sentence
for
robbery
in
the
second
degree
is
not
eligible
for
20
parole
until
the
person
has
served
a
minimum
of
seven
years
of
21
confinement.
22
The
bill
does
not
change
the
formula
for
calculating
earned
23
time
for
a
person
convicted
of
robbery
in
the
first
or
second
24
degree
pursuant
to
Code
section
903A.2(1)(b).
Under
current
25
law
and
the
bill,
a
person
convicted
of
robbery
in
the
first
or
26
second
degree
is
subject
to
a
maximum
accumulation
of
earned
27
time
of
15
percent
of
the
total
sentence
of
confinement.
28
Robbery
in
the
first
degree
or
second
degree
remains
29
classified
as
a
forcible
felony
under
the
bill
which
requires
a
30
mandatory
prison
sentence.
31
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