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
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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
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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
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