House
Study
Bill
31
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
commission
of
a
criminal
offense
involving
1
a
victim
fifteen
years
of
age
or
younger,
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
710.3,
Code
2015,
is
amended
to
read
as
1
follows:
2
710.3
Kidnapping
in
the
second
degree.
3
1.
Kidnapping
where
the
purpose
is
to
hold
the
victim
4
for
ransom
,
or
where
the
kidnapper
is
armed
with
a
dangerous
5
weapon
,
or
where
the
victim
is
fifteen
years
of
age
or
younger,
6
is
kidnapping
in
the
second
degree.
7
2.
Kidnapping
in
the
second
degree
is
a
class
“B”
felony.
8
3.
For
purposes
of
determining
whether
the
person
should
9
register
as
a
sex
offender
pursuant
to
the
provisions
of
10
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
11
provided
in
section
692A.126
.
12
Sec.
2.
Section
903A.2,
subsection
1,
unnumbered
paragraph
13
1,
Code
2015,
is
amended
to
read
as
follows:
14
Each
inmate
committed
to
the
custody
of
the
director
of
the
15
department
of
corrections
is
eligible
to
earn
a
reduction
of
16
sentence
in
the
manner
provided
in
this
section
.
For
purposes
17
of
calculating
the
amount
of
time
by
which
an
inmate’s
sentence
18
may
be
reduced,
inmates
shall
be
grouped
into
the
following
two
19
three
sentencing
categories:
20
Sec.
3.
Section
903A.2,
subsection
1,
paragraph
a,
21
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
22
follows:
23
Category
“A”
sentences
are
those
sentences
which
are
not
24
subject
to
a
maximum
accumulation
of
earned
time
of
fifteen
25
percent
of
the
total
sentence
of
confinement
under
section
26
902.12
or
category
“C”
sentences
.
To
the
extent
provided
27
in
subsection
5
,
category
“A”
sentences
also
include
life
28
sentences
imposed
under
section
902.1
.
An
inmate
of
an
29
institution
under
the
control
of
the
department
of
corrections
30
who
is
serving
a
category
“A”
sentence
is
eligible
for
a
31
reduction
of
sentence
equal
to
one
and
two-tenths
days
for
each
32
day
the
inmate
demonstrates
good
conduct
and
satisfactorily
33
participates
in
any
program
or
placement
status
identified
by
34
the
director
to
earn
the
reduction.
The
programs
include
but
35
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are
not
limited
to
the
following:
1
Sec.
4.
Section
903A.2,
subsection
1,
paragraph
b,
Code
2
2015,
is
amended
to
read
as
follows:
3
b.
Category
“B”
sentences
are
those
sentences
which
are
4
subject
to
a
maximum
accumulation
of
earned
time
of
fifteen
5
percent
of
the
total
sentence
of
confinement
under
section
6
902.12
and
are
not
category
“C”
sentences
.
An
inmate
of
an
7
institution
under
the
control
of
the
department
of
corrections
8
who
is
serving
a
category
“B”
sentence
is
eligible
for
a
9
reduction
of
sentence
equal
to
fifteen
eighty-fifths
of
a
day
10
for
each
day
of
good
conduct
by
the
inmate.
11
Sec.
5.
Section
903A.2,
subsection
1,
Code
2015,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
c.
Notwithstanding
paragraphs
“a”
and
“b”
,
14
an
inmate
serving
a
category
“C”
sentence
is
ineligible
to
15
earn
any
reduction
of
sentence
under
this
section.
Category
16
“C”
sentences
are
those
sentences
where
the
victim
was
fifteen
17
years
of
age
or
younger
at
the
time
the
offense
was
committed
18
and
is
a
violation
of
any
of
the
following:
19
(1)
Section
707.3
or
707.11.
20
(2)
Section
709.2,
709.3,
709.4,
or
709.8,
section
709.11,
21
subsection
1
or
2,
section
709.15,
subsection
4,
paragraph
“a”
,
22
or
section
709.15,
subsection
5,
paragraph
“a”
.
23
(3)
Section
710.3
or
710.4.
24
(4)
Section
710A.2,
subsection
2
or
4.
25
(5)
Section
728.12,
subsection
1
or
2,
or
section
728.12,
26
subsection
3,
if
the
offense
is
classified
as
a
felony.
27
Sec.
6.
Section
903A.7,
Code
2015,
is
amended
to
read
as
28
follows:
29
903A.7
Separate
sentences.
30
1.
Consecutive
multiple
sentences
that
are
within
the
31
same
category
under
section
903A.2
shall
be
construed
as
one
32
continuous
sentence
for
purposes
of
calculating
reductions
of
33
sentence
for
earned
time.
34
2.
If
a
person
is
sentenced
to
serve
sentences
of
both
35
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categories,
category
“B”
sentences
shall
be
served
before
1
category
“A”
sentences
are
served,
and
earned
time
accrued
2
against
the
category
“B”
sentences
shall
not
be
used
to
reduce
3
the
category
“A”
sentences.
If
an
inmate
serving
a
category
4
“A”
sentence
is
sentenced
to
serve
a
category
“B”
sentence,
5
the
category
“A”
sentence
shall
be
interrupted,
and
no
further
6
earned
time
shall
accrue
against
that
sentence
until
the
7
category
“B”
sentence
is
completed.
8
3.
If
a
person
is
sentenced
to
serve
both
a
category
“C”
9
sentence
and
another
category
sentence,
the
category
“C”
10
sentence
shall
be
served
before
the
other
category
sentence
11
is
served,
and
no
earned
time
shall
accrue
until
the
category
12
“C”
sentence
has
been
served.
If
an
inmate
serving
another
13
category
sentence
besides
a
category
“C”
sentence
is
sentenced
14
to
serve
a
category
“C”
sentence,
the
sentence
of
the
other
15
category
sentence
shall
be
interrupted,
and
no
further
earned
16
time
shall
accrue
against
that
sentence
until
the
category
“C”
17
sentence
is
completed.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
criminal
offenses
involving
a
victim
15
22
years
of
age
or
younger.
23
The
bill
changes
the
definition
of
kidnapping
in
the
second
24
degree
to
include
any
kidnapping
where
the
victim
is
15
years
25
of
age
or
younger.
A
person
who
commits
kidnapping
in
the
26
second
degree
commits
a
class
“B”
felony.
A
class
“B”
felony
27
is
punishable
by
confinement
for
no
more
than
25
years.
28
Kidnapping
in
the
second
degree
is
also
classified
as
a
70
29
percent
sentence
under
Code
section
902.12.
If
the
kidnapping
30
in
the
second
degree
is
determined
to
be
sexually
motivated,
31
the
person
is
also
subject
to
the
sex
offender
registry.
32
Under
current
law
there
are
two
sentence
categories
relating
33
to
the
accrual
of
earned
time.
An
inmate
serving
a
category
34
“A”
sentence
is
eligible
for
a
reduction
of
sentence
equal
to
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one
and
two-tenths
days
for
each
day
the
inmate
demonstrates
1
good
conduct
and
satisfactorily
participates
in
any
program
or
2
placement
status
identified
by
the
director
of
the
department
3
of
corrections
to
earn
the
reduction.
An
inmate
serving
a
4
category
“B”
sentence
under
current
law
is
eligible
for
a
5
reduction
of
sentence
equal
to
fifteen
eighty-fifths
of
a
day
6
for
each
day
of
good
conduct
by
the
inmate.
7
The
bill
creates
a
category
“C”
sentence
for
the
accrual
8
of
earned
time
by
eliminating
the
ability
of
an
inmate
9
convicted
of
any
of
the
following
Code
section
felony
offenses
10
to
accumulate
earned
time
if
the
victim
of
the
offense
11
was
15
years
of
age
or
younger
at
the
time
the
offense
was
12
committed:
707.3
(murder
in
the
second
degree),
707.11
13
(attempt
to
commit
murder),
709.2
(sexual
abuse
in
the
first
14
degree),
709.3
(sexual
abuse
in
the
second
degree),
709.4
15
(sexual
abuse
in
the
third
degree),
709.8
(lascivious
acts
16
with
a
child),
709.11(1)
or
(2)
(assault
with
intent
to
commit
17
sexual
abuse),
709.15(4)(a)
or
(5)(a)(sexual
exploitation
by
a
18
counselor,
therapist,
or
school
employee),
710.3
(kidnapping
19
in
the
second
degree),
710.4
(kidnapping
in
the
third
degree),
20
710A.2(2)
or
(4)
(human
trafficking),
and
728.12
(sexual
21
exploitation
of
a
minor).
22
Under
the
bill,
if
a
person
is
sentenced
to
serve
both
23
a
category
“C”
sentence
and
another
category
sentence,
the
24
category
“C”
sentence
shall
be
served
before
the
other
category
25
sentence
is
served,
and
no
earned
time
shall
accrue
until
the
26
category
“C”
sentence
has
been
served.
The
bill
also
provides
27
that
if
an
inmate
serving
another
category
sentence
besides
28
a
category
“C”
sentence
is
sentenced
to
serve
a
category
“C”
29
sentence,
the
sentence
of
the
other
category
sentence
shall
be
30
interrupted,
and
no
further
earned
time
shall
accrue
against
31
that
sentence
until
the
category
“C”
sentence
is
completed.
32
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