H.F. 2230 Section 1. Section 622.10, subsection 4, Code 2022, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 4. The confidentiality privilege under this section shall 4 be absolute with regard to a criminal action and this section 5 shall not be construed to authorize or require the disclosure 6 of any privileged records to a defendant in a criminal 7 action unless the privilege holder voluntarily waives the 8 confidentiality privilege. 9 Sec. 2. Section 901.11, subsections 2, 3, 4, and 5, Code 10 2022, are amended to read as follows: 11 2. At the time of sentencing, the court shall determine 12 when a person convicted of child endangerment as described in 13 section 902.12, subsection 2 3 , shall first become eligible 14 for parole or work release within the parameters specified 15 in section 902.12, subsection 2 3 , based upon all pertinent 16 information including the person’s criminal record, a validated 17 risk assessment, and whether the offense involved multiple 18 intentional acts or a series of intentional acts, or whether 19 the offense involved torture or cruelty. 20 3. At the time of sentencing, the court shall determine when 21 a person convicted of robbery in the first degree as described 22 in section 902.12, subsection 3 4 , shall first become eligible 23 for parole or work release within the parameters specified 24 in section 902.12, subsection 3 4 , based upon all pertinent 25 information including the person’s criminal record, a validated 26 risk assessment, and the negative impact the offense has had 27 on the victim or other persons. 28 4. At the time of sentencing, the court shall determine when 29 a person convicted of robbery in the second degree as described 30 in section 902.12, subsection 4 5 , shall first become eligible 31 for parole or work release within the parameters specified 32 in section 902.12, subsection 4 5 , based upon all pertinent 33 information including the person’s criminal record, a validated 34 risk assessment, and the negative impact the offense has had 35 -1- LSB 5505YH (2) 89 as/rh 1/ 5

H.F. 2230 on the victim or other persons. 1 5. At the time of sentencing, the court shall determine when 2 a person convicted of arson in the first degree as described 3 in section 902.12, subsection 5 6 , shall first become eligible 4 for parole or work release within the parameters specified 5 in section 902.12, subsection 5 6 , based upon all pertinent 6 information including the person’s criminal record, a validated 7 risk assessment, and the negative impact the offense has had 8 on the victim or other persons. 9 Sec. 3. Section 902.12, Code 2022, is amended to read as 10 follows: 11 902.12 Minimum sentence for certain felonies —— eligibility 12 for parole or work release. 13 1. A person serving a sentence for conviction of any of 14 the following felonies that occur on or after July 1, 2023, if 15 other than a class “A” felony, shall be denied parole or work 16 release unless the person has served at least nine-tenths of 17 the maximum term of the person’s sentence: 18 a. Homicide or a related crime in violation of chapter 707. 19 b. Assault in violation of chapter 708. 20 c. Terrorism in violation of chapter 708A. 21 d. Sexual abuse in violation of chapter 709. 22 e. Kidnapping or related offenses in violation of chapter 23 710. 24 f. Human trafficking in violation of chapter 710A, except 25 for a violation of section 710A.2A. 26 g. Robbery, aggravated theft, or extortion in violation of 27 chapter 711. 28 h. Arson in violation of chapter 712. 29 i. Burglary in violation of chapter 713, except for a 30 violation of section 713.7. 31 j. Criminal gang participation or gang recruitment in 32 violation of chapter 723A. 33 1. 2. A person serving a sentence for conviction of any of 34 the following felonies , including a person serving a sentence 35 -2- LSB 5505YH (2) 89 as/rh 2/ 5

H.F. 2230 for conviction of the following felonies that occur prior to 1 July 1, 2003 2022 , shall be denied parole or work release 2 unless the person has served at least seven-tenths of the 3 maximum term of the person’s sentence: 4 a. Murder in the second degree in violation of section 5 707.3 . 6 b. Attempted murder in violation of section 707.11 , except 7 as provided in section 707.11, subsection 5 . 8 c. Sexual abuse in the second degree in violation of section 9 709.3 . 10 d. Kidnapping in the second degree in violation of section 11 710.3 . 12 e. Robbery in the second degree in violation of section 13 711.3 , except as determined in subsection 4 5 . 14 f. Vehicular homicide in violation of section 707.6A, 15 subsection 1 or 2 , if the person was also convicted under 16 section 321.261, subsection 4 , based on the same facts or 17 event that resulted in the conviction under section 707.6A, 18 subsection 1 or 2 . 19 2. 3. A person serving a sentence for a conviction of 20 child endangerment as defined in section 726.6, subsection 21 1 , paragraph “b” , that is described and punishable under 22 section 726.6, subsection 5 , shall be denied parole or work 23 release until the person has served between three-tenths and 24 seven-tenths of the maximum term of the person’s sentence as 25 determined under section 901.11, subsection 2 . 26 3. 4. A person serving a sentence for a conviction for 27 robbery in the first degree in violation of section 711.2 for 28 a conviction that occurs on or after July 1, 2018 prior to 29 July 1, 2022 , shall be denied parole or work release until 30 the person has served between one-half and seven-tenths of 31 the maximum term of the person’s sentence as determined under 32 section 901.11, subsection 3 . 33 4. 5. A person serving a sentence for a conviction for 34 robbery in the second degree in violation of section 711.3 35 -3- LSB 5505YH (2) 89 as/rh 3/ 5

H.F. 2230 for a conviction that occurs on or after July 1, 2016 prior 1 to July 1, 2022 , shall be denied parole or work release until 2 the person has served between one-half and seven-tenths of 3 the maximum term of the person’s sentence as determined under 4 section 901.11, subsection 4 . 5 5. 6. A person serving a sentence for a conviction for 6 arson in the first degree in violation of section 712.2 that 7 occurs on or after July 1, 2019 prior to July 1, 2022 , shall 8 be denied parole or work release until the person has served 9 between one-half and seven-tenths of the maximum term of 10 the person’s sentence as determined under section 901.11, 11 subsection 5 . 12 Sec. 4. Section 903A.2, subsection 1, paragraph c, Code 13 2022, is amended to read as follows: 14 c. Category “C” sentences are those sentences for attempted 15 murder described in section 707.11, subsection 5 , and sentences 16 for the offenses described in section 902.12, subsection 1 . 17 Notwithstanding paragraphs paragraph “a” or “b” , an inmate 18 serving a category “C” sentence is ineligible for a reduction 19 of sentence under this section . 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to criminal law including the disclosure 24 of communications in professional confidence to a defendant 25 and criminal sentencing and corrections, and makes penalties 26 applicable. 27 The bill provides that for purposes of a defendant seeking 28 access to privileged records in a criminal action, the 29 confidentiality privilege shall be absolute and shall not 30 be construed to authorize or require the disclosure of any 31 privileged records to a defendant unless the privilege holder 32 voluntarily waives the confidentiality privilege. 33 Current law requires that a person shall be denied parole or 34 work release unless the person has served at least seven-tenths 35 -4- LSB 5505YH (2) 89 as/rh 4/ 5

H.F. 2230 of the maximum term of the person’s sentence for the most 1 serious felonies. The bill provides that a person convicted 2 of certain felonies on or after July 1, 2023, except for a 3 violation classified as a class “A” felony, shall be denied 4 parole or work release unless the person has served at least 5 nine-tenths of the maximum term of the person’s sentence. 6 Felonies requiring a person to serve nine-tenths of the 7 maximum term of the person’s sentence include homicide or a 8 related crime (Code chapter 707); assault (Code chapter 708); 9 terrorism (Code chapter 708A); sexual abuse (Code chapter 709); 10 kidnapping and related offenses (Code chapter 710); human 11 trafficking except for a violation of Code section 710A.2A 12 (Code chapter 710A); robbery, aggravated theft, or extortion 13 (Code chapter 711); arson (Code chapter 712); burglary, except 14 for a violation of Code section 713.7 (Code chapter 713); and 15 criminal gang participation or gang recruitment (Code chapter 16 723A). 17 The bill provides that for earned time purposes, sentences 18 for attempted murder described in Code section 707.11(5) 19 (attempt to commit murder of a peace officer), and sentences 20 for any of the offenses described in Code section 902.12(1) 21 (minimum sentences for certain felonies), shall be classified 22 as category “C” sentences. An inmate serving a category “C” 23 sentence is ineligible for a reduction of sentence under Code 24 section 903A.2. 25 -5- LSB 5505YH (2) 89 as/rh 5/ 5