S.F. _____ Section 1. Section 124.413, subsection 1, Code 2014, is 1 amended to read as follows: 2 1. A person , eighteen years of age or older at the time the 3 offense was committed, sentenced pursuant to section 124.401, 4 subsection 1 , paragraph “a” , “b” , “c” , “e” , or “f” , shall not 5 be eligible for parole until the person has served a minimum 6 period of confinement of one-third of the maximum indeterminate 7 sentence prescribed by law. 8 Sec. 2. Section 902.1, subsection 2, Code 2014, is amended 9 to read as follows: 10 2. a. Notwithstanding subsection 1, a person convicted of 11 a class “A” felony, and who was under the age of eighteen at 12 the time the offense was committed shall be eligible for parole 13 after serving a minimum term of confinement of twenty-five 14 years . 15 b. If a person is paroled pursuant to this subsection the 16 person shall be subject to the same set of procedures set out 17 in chapters 901B , 905 , 906 , and chapter 908 , and rules adopted 18 under those chapters for persons on parole. 19 c. A person convicted of murder in the first degree in 20 violation of section 707.2 shall not be eligible for parole 21 pursuant to this subsection. 22 Sec. 3. Section 902.7, Code 2014, is amended to read as 23 follows: 24 902.7 Minimum sentence —— use of a dangerous weapon. 25 At the trial of a person , eighteen years of age or older at 26 the time the offense was committed, charged with participating 27 in a forcible felony, if the trier of fact finds beyond a 28 reasonable doubt that the person is guilty of a forcible 29 felony and that the person represented that the person was in 30 the immediate possession and control of a dangerous weapon, 31 displayed a dangerous weapon in a threatening manner, or was 32 armed with a dangerous weapon while participating in the 33 forcible felony the convicted person shall serve a minimum of 34 five years of the sentence imposed by law. A person sentenced 35 -1- LSB 5456SC (3) 85 jm/rj 1/ 4

S.F. _____ pursuant to this section shall not be eligible for parole until 1 the person has served the minimum sentence of confinement 2 imposed by this section . 3 Sec. 4. Section 902.8, Code 2014, is amended to read as 4 follows: 5 902.8 Minimum sentence —— habitual offender. 6 An habitual offender is any person , eighteen years of age 7 or older at the time the offense was committed, convicted of 8 a class “C” or a class “D” felony, who has twice before been 9 convicted of any felony in a court of this or any other state, 10 or of the United States. An offense is a felony if, by the 11 law under which the person is convicted, it is so classified 12 at the time of the person’s conviction. A conviction for an 13 offense committed while the person was under eighteen years of 14 age shall not be used in determining whether a person is an 15 habitual offender under this section. A person sentenced as an 16 habitual offender shall not be eligible for parole until the 17 person has served the minimum sentence of confinement of three 18 years. 19 Sec. 5. Section 902.8A, Code 2014, is amended to read as 20 follows: 21 902.8A Minimum sentence for conspiring to manufacture, or 22 delivery of, amphetamine or methamphetamine to a minor. 23 A person , eighteen years of age or older at the time the 24 offense was committed, who has been convicted for a first 25 violation under section 124.401D shall not be eligible 26 for parole until the person has served a minimum term of 27 confinement of ten years. 28 Sec. 6. Section 902.11, Code 2014, is amended to read as 29 follows: 30 902.11 Minimum sentence —— eligibility of prior forcible 31 felon for parole or work release. 32 1. A person , eighteen years of age or older at the time 33 the offense was committed, serving a sentence for conviction 34 of a felony, who has a criminal record of one or more prior 35 -2- LSB 5456SC (3) 85 jm/rj 2/ 4

S.F. _____ convictions for a forcible felony or a crime of a similar 1 gravity in this or any other state, shall be denied parole or 2 work release unless the person has served at least one-half of 3 the maximum term of the defendant’s sentence. However, the 4 mandatory sentence provided for by this section does not apply 5 if either of the following apply: 6 1. a. The sentences for the prior forcible felonies expired 7 at least five years before the date of conviction for the 8 present felony. 9 2. b. The sentence being served is on a conviction for 10 operating a motor vehicle while under the influence of alcohol 11 or a drug under chapter 321J . 12 2. A conviction for an offense committed while the 13 person was under eighteen years of age shall not be used in 14 determining whether the mandatory sentence in this section 15 applies. 16 Sec. 7. Section 902.12, unnumbered paragraph 1, Code 2014, 17 is amended to read as follows: 18 A person , eighteen years of age or older at the time the 19 offense was committed, serving a sentence for conviction of 20 the following felonies, including a person serving a sentence 21 for conviction of the following felonies prior to July 1, 22 2003, shall be denied parole or work release unless the person 23 has served at least seven-tenths of the maximum term of the 24 person’s sentence: 25 Sec. 8. RETROACTIVE APPLICABILITY. This Act applies 26 retroactively to make the sentencing provisions included in 27 this Act inapplicable to a person convicted under prior law 28 who was under eighteen years of age at the time the offense 29 was committed. If necessary, a person shall be resentenced 30 in accordance with the provisions of this Act or a person’s 31 release date from prison shall be recalculated in accordance 32 with this Act. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5456SC (3) 85 jm/rj 3/ 4

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to the imposition of mandatory minimum 2 sentences for certain criminal offenses committed by juveniles. 3 The bill specifies that the following mandatory minimum 4 sentences are not applicable to the criminal sentencing and 5 subsequent incarceration if the person was under 18 years of 6 age at the time the underlying criminal offense was committed: 7 Code sections 124.413 (mandatory minimum for drug offenses), 8 902.7 (use of a dangerous weapon), 902.8 (habitual offender), 9 902.8A (minimum sentence for conspiring to manufacture, or 10 delivery of, amphetamine or methamphetamine to a minor), 902.11 11 (prior forcible felon), and 902.12 (70 percent sentences). 12 The bill also specifies in Code section 902.1 that a person 13 who commits a class “A” felony including murder in the first 14 degree and who was under the age of 18 at the time the offense 15 was committed shall be eligible for parole. Current law 16 specifies if the person commits a class “A” felony other than 17 murder in the first degree the person shall serve a mandatory 18 minimum of 25 years in prison prior to being eligible for 19 parole. Current law also specifies that if a person commits 20 murder in the first degree and is under 18 years of age at the 21 time the offense was committed the person is not eligible for 22 parole. However, the United States Supreme Court in a recent 23 ruling in Miller v. Alabama prohibited life sentences without 24 the possibility of parole for a juvenile who commits murder. 25 The bill also applies retroactively to a person convicted 26 under prior law who was under 18 years of age at the time 27 the offense was committed. If necessary, a person shall be 28 resentenced in accordance with the provisions of this bill or 29 the release date from prison recalculated in accordance with 30 this bill. 31 -4- LSB 5456SC (3) 85 jm/rj 4/ 4