House
File
389
-
Introduced
HOUSE
FILE
389
BY
FISHER
A
BILL
FOR
An
Act
relating
to
an
habitual
offender,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
902.8,
Code
2017,
is
amended
to
read
as
1
follows:
2
902.8
Minimum
sentence
——
habitual
offender.
3
An
habitual
offender
is
any
person
convicted
of
a
class
“B”,
4
class
“C”
,
or
a
class
“D”
felony,
who
has
twice
before
been
5
convicted
of
any
felony
in
a
court
of
this
or
any
other
state,
6
or
of
the
United
States.
An
offense
is
a
felony
if,
by
the
law
7
under
which
the
person
is
convicted,
it
is
so
classified
at
8
the
time
of
the
person’s
conviction.
A
person
sentenced
as
an
9
habitual
offender
shall
not
be
eligible
for
parole
until
the
10
person
has
served
the
minimum
sentence
of
confinement
of
three
11
years.
12
Sec.
2.
Section
902.9,
subsection
1,
paragraph
c,
Code
2017,
13
is
amended
to
read
as
follows:
14
c.
An
habitual
offender
shall
be
confined
for
no
more
than
15
fifteen
years
twice
the
maximum
sentence
as
determined
by
this
16
section
or
as
otherwise
prescribed
by
statute
.
17
Sec.
3.
Section
902.12,
Code
2017,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
4.
A
person
serving
a
sentence
for
a
20
conviction
as
an
habitual
offender
under
section
902.8
shall
21
be
denied
parole
or
work
release
until
the
person
has
served
22
at
least
seven-tenths
of
the
maximum
term
of
the
person’s
23
sentence.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
an
habitual
offender,
and
provides
28
penalties.
29
Currently,
an
habitual
offender
is
any
person
convicted
of
30
a
class
“C”
or
a
class
“D”
felony,
who
has
twice
before
been
31
convicted
of
any
felony
in
a
court
of
this
or
any
other
state,
32
or
of
the
United
States.
In
addition,
current
law
provides
33
that
the
maximum
sentence
for
an
habitual
offender
is
15
years
34
of
confinement
upon
conviction
of
a
class
“C”
or
class
“D”
35
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389
felony,
which
results
in
five
more
years
of
confinement
for
a
1
class
“C”
felony
conviction
and
10
more
years
of
confinement
2
for
a
class
“D”
felony
conviction.
3
The
bill
expands
the
persons
eligible
for
an
habitual
4
offender
sentence
to
include
a
person
who
commits
a
class
“B”
5
felony
if
that
person
has
twice
before
been
convicted
of
any
6
felony
in
a
court
of
this
or
any
other
state,
or
of
the
United
7
States.
8
The
bill
replaces
the
maximum
habitual
offender
sentence
9
of
15
years
of
confinement
with
a
sentence
that
is
twice
the
10
maximum
sentence
for
the
felony
committed
as
determined
by
11
Code
section
902.9
or
twice
the
maximum
sentence
as
otherwise
12
prescribed
by
the
statute
violated.
13
A
person
convicted
as
an
habitual
offender
under
the
bill
14
shall
also
be
denied
parole
or
work
release
until
the
person
15
has
served
at
least
seven-tenths
of
the
maximum
term
of
the
16
person’s
sentence.
17
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