HF 2064 (LSB 5578YH (1) 86)

HOUSE FILE 2064

BY  RIZER and DAWSON

A BILL FOR

An Act relating to the criminal offense of child endangerment resulting in the death of a child or minor, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.12, Code 2016, is amended to read as follows:
   902.12  Minimum sentence for certain felonies —— eligibility for parole or work release.
   1.  A person serving a sentence for conviction of the following felonies, including a person serving a sentence for conviction of the following felonies prior to July 1, 2003, shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence:
   1.  a.  Murder in the second degree in violation of section 707.3.
   2.  b.  Attempted murder in violation of section 707.11.
   3.  c.  Sexual abuse in the second degree in violation of section 709.3.
   4.  d.  Kidnapping in the second degree in violation of section 710.3.
   5.  e.  Robbery in the first or second degree in violation of section 711.2 or 711.3.
   6.  f.  Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.
   2.  A person serving a sentence for a conviction of child endangerment in violation of section 726.6, subsection 4, shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of child endangerment that results in the death of a child or minor.
   The bill requires an offender who commits the criminal offense of child endangerment that results in the death of a child or minor to serve 70 percent of a 50-year class “B” felony sentence. Under current law, such an offender is sentenced to confinement for 50 years but is eligible for parole upon entering prison.
   Under current law and the bill, felonious child endangerment is also classified as a “forcible felony” under Code section 702.11, which under Code section 907.3 prohibits a defendant from receiving a suspended or deferred sentence or deferred judgment.
   Under Code section 905.11 an offender serving a 70 percent sentence, including an offender who is serving a child endangerment 70 percent sentence under the bill, shall reside in a residential facility operated by the district department for a period of not less than one year if such offender is released on parole or work release.
   Code section 906.15 also specifies that an offender serving a 70 percent sentence shall not be discharged from parole until the offender’s term of parole equals the period of imprisonment specified in the offender’s sentence, less all time served in confinement.
   An offender who commits child endangerment shall also register as a sex offender under Code chapter 692A if a determination is made that the offense was sexually motivated.