House File 2191 - Introduced HOUSE FILE 2191 BY RIZER A BILL FOR An Act reclassifying felony offenses when a firearm is 1 possessed, displayed, used, or attempted to be used during 2 their commission, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5391YH (4) 86 jm/rj

H.F. 2191 Section 1. NEW SECTION . 902.15 Felony offenses —— 1 reclassification —— firearms. 2 1. If the trier of fact finds beyond a reasonable doubt that 3 a person committing a felony was in the immediate possession 4 and control of a firearm, displayed a firearm in a threatening 5 manner, or used or attempted to use a firearm, the felony shall 6 be reclassified for the purpose of sentencing as follows: 7 a. A felony otherwise punishable under section 902.9, 8 subsection 1, paragraph “a” , shall be classified as a class “A” 9 felony. 10 b. A class “B” felony otherwise classified as punishable by 11 confinement for no more than fifty years shall be classified 12 as a class “A” felony. 13 c. A class “B” felony otherwise punishable by confinement 14 for no more than twenty-five years shall be classified as a 15 class “B” felony punishable by confinement for no more than 16 fifty years. 17 d. A class “C” felony shall be reclassified a class “B” 18 felony punishable by confinement for no more than twenty-five 19 years. 20 e. A class “D” felony shall be reclassified a class “C” 21 felony. 22 2. This section does not apply to a class “A” felony. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill reclassifies a felony when a firearm is possessed, 27 displayed, used, or attempted to be used during its commission, 28 and provides penalties. 29 The bill provides that if the trier of fact finds beyond 30 a reasonable doubt that during the commission of a felony 31 a person was in the immediate possession and control of a 32 firearm, displayed a firearm in a threatening manner, or 33 used or attempted to use a firearm, the felony shall be 34 reclassified. 35 -1- LSB 5391YH (4) 86 jm/rj 1/ 2

H.F. 2191 The bill reclassifies a felony as follows: a felony 1 otherwise punishable under Code section 902.9(1)(a) shall be 2 classified as a class “A” felony; a class “B” felony otherwise 3 punishable by confinement for no more than 50 years shall be 4 classified as a class “A” felony; a class “B” felony otherwise 5 punishable by confinement for no more than 25 years shall be 6 classified as a class “B” felony punishable by confinement for 7 no more than 50 years; a class “C” felony shall be reclassified 8 as a class “B” felony punishable by confinement for no more 9 than 25 years; and a class “D” felony shall be reclassified as 10 a class “C” felony. 11 The bill applies to all felony offenses except class “A” 12 felonies. 13 The bill does not amend Code section 902.7, which provides 14 that a person found guilty of participating in a forcible 15 felony, shall serve a minimum of five years of the sentence 16 imposed by law, if the trier of fact finds beyond a reasonable 17 doubt that the person represented that the person was in 18 the immediate possession and control of a dangerous weapon, 19 displayed a dangerous weapon in a threatening manner, or was 20 armed with a dangerous weapon while participating in the 21 forcible felony. 22 -2- LSB 5391YH (4) 86 jm/rj 2/ 2