House File 2064 - Introduced HOUSE FILE 2064 BY RIZER and DAWSON A BILL FOR An Act relating to the criminal offense of child endangerment 1 resulting in the death of a child or minor, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5578YH (1) 86 jm/rj
H.F. 2064 Section 1. Section 902.12, Code 2016, 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. e. Robbery in the first or second degree in violation of 18 section 711.2 or 711.3 . 19 6. f. 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 person serving a sentence for a conviction of child 25 endangerment in violation of section 726.6, subsection 4, shall 26 be denied parole or work release unless the person has served 27 at least seven-tenths of the maximum term of the person’s 28 sentence. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the criminal offense of child 33 endangerment that results in the death of a child or minor. 34 The bill requires an offender who commits the criminal 35 -1- LSB 5578YH (1) 86 jm/rj 1/ 2
H.F. 2064 offense of child endangerment that results in the death of 1 a child or minor to serve 70 percent of a 50-year class “B” 2 felony sentence. Under current law, such an offender is 3 sentenced to confinement for 50 years but is eligible for 4 parole upon entering prison. 5 Under current law and the bill, felonious child endangerment 6 is also classified as a “forcible felony” under Code section 7 702.11, which under Code section 907.3 prohibits a defendant 8 from receiving a suspended or deferred sentence or deferred 9 judgment. 10 Under Code section 905.11 an offender serving a 70 percent 11 sentence, including an offender who is serving a child 12 endangerment 70 percent sentence under the bill, shall reside 13 in a residential facility operated by the district department 14 for a period of not less than one year if such offender is 15 released on parole or work release. 16 Code section 906.15 also specifies that an offender serving 17 a 70 percent sentence shall not be discharged from parole until 18 the offender’s term of parole equals the period of imprisonment 19 specified in the offender’s sentence, less all time served in 20 confinement. 21 An offender who commits child endangerment shall also 22 register as a sex offender under Code chapter 692A if a 23 determination is made that the offense was sexually motivated. 24 -2- LSB 5578YH (1) 86 jm/rj 2/ 2