HF 2230 (LSB 5505YH (2) 89)

HOUSE FILE 2230

BY  WESTRICH

A BILL FOR

An Act relating to criminal law including the disclosure of communications in professional confidence to a defendant and criminal sentencing and corrections, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.10, subsection 4, Code 2022, is amended by striking the subsection and inserting in lieu thereof the following:
   4.  The confidentiality privilege under this section shall be absolute with regard to a criminal action and this section shall not be construed to authorize or require the disclosure of any privileged records to a defendant in a criminal action unless the privilege holder voluntarily waives the confidentiality privilege.
    Sec. 2.  Section 901.11, subsections 2, 3, 4, and 5, Code 2022, are amended to read as follows:
   2.  At the time of sentencing, the court shall determine when a person convicted of child endangerment as described in section 902.12, subsection 2 3, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2 3, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and whether the offense involved multiple intentional acts or a series of intentional acts, or whether the offense involved torture or cruelty.
   3.  At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 3 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3 4, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 
   4.  At the time of sentencing, the court shall determine when a person convicted of robbery in the second degree as described in section 902.12, subsection 4 5, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 4 5, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
   5.  At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 5 6, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 5 6, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
    Sec. 3.  Section 902.12, Code 2022, is amended to read as follows:
   902.12  Minimum sentence for certain felonies —— eligibility for parole or work release.
   1.  A person serving a sentence for conviction of any of the following felonies that occur on or after July 1, 2023, if other than a class “A” felony, shall be denied parole or work release unless the person has served at least nine-tenths of the maximum term of the person’s sentence:
   a.  Homicide or a related crime in violation of chapter 707.
   b.  Assault in violation of chapter 708.
   c.  Terrorism in violation of chapter 708A.
   d.  Sexual abuse in violation of chapter 709.
   e.  Kidnapping or related offenses in violation of chapter 710.
   f.  Human trafficking in violation of chapter 710A, except for a violation of section 710A.2A.
   g.  Robbery, aggravated theft, or extortion in violation of chapter 711.
   h.  Arson in violation of chapter 712.
   i.  Burglary in violation of chapter 713, except for a violation of section 713.7.
   j.  Criminal gang participation or gang recruitment in violation of chapter 723A.
   1.  2.  A person serving a sentence for conviction of any of the following felonies, including a person serving a sentence for conviction of the following felonies that occur prior to July 1, 2003 2022, shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence:
   a.  Murder in the second degree in violation of section 707.3.
   b.  Attempted murder in violation of section 707.11, except as provided in section 707.11, subsection 5.
   c.  Sexual abuse in the second degree in violation of section 709.3.
   d.  Kidnapping in the second degree in violation of section 710.3.
   e.  Robbery in the second degree in violation of section 711.3, except as determined in subsection 4 5.
   f.  Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.
   2.  3.  A person serving a sentence for a conviction of child endangerment as defined in section 726.6, subsection 1, paragraph “b”, that is described and punishable under section 726.6, subsection 5, shall be denied parole or work release until the person has served between three-tenths and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 2.
   3.  4.  A person serving a sentence for a conviction for robbery in the first degree in violation of section 711.2 for a conviction that occurs on or after July 1, 2018 prior to July 1, 2022, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 3.
   4.  5.  A person serving a sentence for a conviction for robbery in the second degree in violation of section 711.3 for a conviction that occurs on or after July 1, 2016 prior to July 1, 2022, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 4.
   5.  6.  A person serving a sentence for a conviction for arson in the first degree in violation of section 712.2 that occurs on or after July 1, 2019 prior to July 1, 2022, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 5.
    Sec. 4.  Section 903A.2, subsection 1, paragraph c, Code 2022, is amended to read as follows:
   c.  Category “C” sentences are those sentences for attempted murder described in section 707.11, subsection 5, and sentences for the offenses described in section 902.12, subsection 1. Notwithstanding paragraphs paragraph “a” or “b”, an inmate serving a category “C” sentence is ineligible for a reduction of sentence under this section. 
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 criminal law including the disclosure of communications in professional confidence to a defendant and criminal sentencing and corrections, and makes penalties applicable.
   The bill provides that for purposes of a defendant seeking access to privileged records in a criminal action, the confidentiality privilege shall be absolute and shall not be construed to authorize or require the disclosure of any privileged records to a defendant unless the privilege holder voluntarily waives the confidentiality privilege.
   Current law requires that a person shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence for the most serious felonies. The bill provides that a person convicted of certain felonies on or after July 1, 2023, except for a violation classified as a class “A” felony, shall be denied parole or work release unless the person has served at least nine-tenths of the maximum term of the person’s sentence. Felonies requiring a person to serve nine-tenths of the maximum term of the person’s sentence include homicide or a related crime (Code chapter 707); assault (Code chapter 708); terrorism (Code chapter 708A); sexual abuse (Code chapter 709); kidnapping and related offenses (Code chapter 710); human trafficking except for a violation of Code section 710A.2A (Code chapter 710A); robbery, aggravated theft, or extortion (Code chapter 711); arson (Code chapter 712); burglary, except for a violation of Code section 713.7 (Code chapter 713); and criminal gang participation or gang recruitment (Code chapter 723A).
   The bill provides that for earned time purposes, sentences for attempted murder described in Code section 707.11(5) (attempt to commit murder of a peace officer), and sentences for any of the offenses described in Code section 902.12(1) (minimum sentences for certain felonies), shall be classified as category “C” sentences. An inmate serving a category “C” sentence is ineligible for a reduction of sentence under Code section 903A.2.