H.F. 545 Section 1. Section 901.11, Code 2019, is amended to read as 1 follows: 2 901.11 Parole or work release eligibility determination —— 3 certain drug , child endangerment, and robbery felony offenses. 4 1. At the time of sentencing, the court shall determine 5 when a person convicted under section 124.401, subsection 6 1 , paragraph “b” , shall first become eligible for parole 7 or work release within the parameters described in section 8 124.413, subsection 3 , based upon all the pertinent information 9 including the person’s criminal record, a validated risk 10 assessment, and the negative impact the offense has had on the 11 victim or other persons. 12 2. At the time of sentencing, the court shall determine 13 when a person convicted of child endangerment as described in 14 section 902.12, subsection 2 any of the felonies described in 15 section 902.12 , shall first become eligible for parole or work 16 release within the parameters specified in section 902.12, 17 subsection 2 , based upon all pertinent information including 18 the person’s criminal record, a validated risk assessment, the 19 negative impact the offense has had on the victim or other 20 persons, and whether the offense involved multiple intentional 21 acts or a series of intentional acts, or whether the offense 22 involved torture or cruelty. 23 3. At the time of sentencing, the court shall determine when 24 a person convicted of robbery in the second degree as described 25 in section 902.12, subsection 3 , shall first become eligible 26 for parole or work release within the parameters specified 27 in section 902.12, subsection 3 , based upon all pertinent 28 information including the person’s criminal record, a validated 29 risk assessment, and the negative impact the offense has had 30 on the victim or other persons. 31 Sec. 2. Section 902.12, Code 2019, is amended to read as 32 follows: 33 902.12 Minimum sentence for certain felonies —— eligibility 34 for parole or work release. 35 -1- LSB 2351HH (3) 88 as/rh 1/ 4

H.F. 545 1. A person serving a sentence for conviction of the 1 following felonies, including a person serving a sentence for 2 conviction of the following felonies prior to July 1, 2003 3 2019 , shall be denied parole or work release unless the person 4 has served at least seven-tenths of the maximum term of the 5 person’s sentence until the person has served between one-half 6 and seven-tenths of the maximum term of the person’s sentence 7 as determined under section 901.11, subsection 2 : 8 a. 1. Murder in the second degree in violation of section 9 707.3 . 10 b. 2. Attempted murder in violation of section 707.11 , 11 except as provided in section 707.11, subsection 5 . 12 c. 3. Sexual abuse in the second degree in violation of 13 section 709.3 . 14 d. 4. Kidnapping in the second degree in violation of 15 section 710.3 . 16 e. 5. Robbery in the first or second degree in violation of 17 section 711.2 or 711.3 , except as determined in subsection 3 . 18 f. 6. Vehicular homicide in violation of section 707.6A, 19 subsection 1 or 2 , if the person was also convicted under 20 section 321.261, subsection 4 , based on the same facts or 21 event that resulted in the conviction under section 707.6A, 22 subsection 1 or 2 . 23 2. 7. A person serving a sentence for a conviction of child 24 Child endangerment as defined in section 726.6, subsection 25 1 , paragraph “b” , that is described and punishable under 26 section 726.6, subsection 4 , shall be denied parole or work 27 release until the person has served between three-tenths and 28 seven-tenths of the maximum term of the person’s sentence as 29 determined under section 901.11, subsection 2 . 30 3. A person serving a sentence for a conviction for 31 robbery in the second degree in violation of section 711.3 32 for a conviction that occurs on or after July 1, 2016, shall 33 be denied parole or work release until the person has served 34 between one-half and seven-tenths of the maximum term of 35 -2- LSB 2351HH (3) 88 as/rh 2/ 4

H.F. 545 the person’s sentence as determined under section 901.11, 1 subsection 3 . 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to minimum sentences for certain felonies 6 and parole and work release eligibility, and provides 7 penalties. 8 Under current Code section 902.12, a person shall be denied 9 parole or work release until at least seven-tenths of the 10 maximum term of the person’s sentence is served for convictions 11 of murder in the second degree, attempted murder not involving 12 a peace officer, sexual abuse in the second degree, kidnapping 13 in the second degree, robbery in the first degree, robbery in 14 the second degree occurring before July 1, 2016, and vehicular 15 homicide where a person failed to remain at the scene of the 16 accident. Current law also requires that a person convicted 17 of child endangerment resulting in the death of a minor child 18 shall be denied parole or work release until the person has 19 served between three-tenths and seven-tenths of the maximum 20 term of the person’s sentence, and that a person convicted of 21 second degree robbery that occurred on or after July 1, 2016, 22 shall be denied parole or work release until the person has 23 served between one-half and seven-tenths of the maximum term of 24 the person’s sentence. 25 The bill amends current law to provide that a person serving 26 a sentence for a conviction, including a person serving a 27 sentence for a conviction prior to July 1, 2019, for any of 28 the following felonies shall be denied parole or work release 29 until the person has served between one-half and seven-tenths 30 of the maximum term of the person’s sentence as determined 31 under Code section 901.11(2): murder in the second degree; 32 attempted murder, except attempted murder against a peace 33 officer; sexual abuse in the second degree; kidnapping in the 34 second degree; robbery in the first or second degree; vehicular 35 -3- LSB 2351HH (3) 88 as/rh 3/ 4

H.F. 545 homicide when the person unintentionally causes the death of 1 another by operating a motor vehicle while intoxicated, when 2 the person unintentionally causes the death of another in a 3 reckless manner with willful or wanton disregard for the safety 4 of persons or property, or when the person unintentionally 5 causes the death of another when eluding or attempting to elude 6 a pursuing law enforcement vehicle if the death of the other 7 person directly or indirectly results from the violation and if 8 the person was also convicted of failing to remain at the scene 9 of an accident that resulted in the death of another person; 10 and child endangerment that resulted in the death of a child or 11 minor. 12 The bill provides that at the time of sentencing, the court 13 shall determine when a person convicted of any of the felonies 14 described in Code section 902.12 shall first become eligible 15 for parole or work release within the parameters specified 16 in Code section 902.12, based upon all pertinent information 17 including the person’s criminal record, a validated risk 18 assessment, the negative impact the offense has had on the 19 victim or other persons, and whether the offense involved 20 multiple intentional acts or a series of intentional acts, or 21 whether the offense involved torture or cruelty. 22 -4- LSB 2351HH (3) 88 as/rh 4/ 4