HF 389 (LSB 2287YH (3) 87)

HOUSE FILE 389

BY  FISHER

A BILL FOR

An Act relating to an habitual offender, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.8, Code 2017, is amended to read as follows:
   902.8  Minimum sentence —— habitual offender.
   An habitual offender is any person convicted of a class “B”, class “C”, or a class “D” felony, who has twice before been convicted of any felony in a court of this or any other state, or of the United States. An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person’s conviction. A person sentenced as an habitual offender shall not be eligible for parole until the person has served the minimum sentence of confinement of three years.
    Sec. 2.  Section 902.9, subsection 1, paragraph c, Code 2017, is amended to read as follows:
   c.  An habitual offender shall be confined for no more than fifteen years twice the maximum sentence as determined by this section or as otherwise prescribed by statute.
    Sec. 3.  Section 902.12, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person serving a sentence for a conviction as an habitual offender under section 902.8 shall be denied parole or work release until 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 an habitual offender, and provides penalties.
   Currently, an habitual offender is any person convicted of a class “C” or a class “D” felony, who has twice before been convicted of any felony in a court of this or any other state, or of the United States. In addition, current law provides that the maximum sentence for an habitual offender is 15 years of confinement upon conviction of a class “C” or class “D” felony, which results in five more years of confinement for a class “C” felony conviction and 10 more years of confinement for a class “D” felony conviction. 
   The bill expands the persons eligible for an habitual offender sentence to include a person who commits a class “B” felony if that person has twice before been convicted of any felony in a court of this or any other state, or of the United States.
   The bill replaces the maximum habitual offender sentence of 15 years of confinement with a sentence that is twice the maximum sentence for the felony committed as determined by Code section 902.9 or twice the maximum sentence as otherwise prescribed by the statute violated.
   A person convicted as an habitual offender under the bill shall also be denied parole or work release until the person has served at least seven-tenths of the maximum term of the person’s sentence.