HF 2572 (LSB 6320HV (1) 90)

HOUSE FILE 2572

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 702)

A BILL FOR

An Act establishing a minimum sentence for a persistent felony offender, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  902.8B  Minimum sentence —— persistent felony offender.
   A persistent felony offender is any person convicted of a forcible felony under section 702.11 who has twice before been convicted of a forcible felony in a court of this or any other state, or of the United States, if the most recent forcible felony conviction has occurred within twenty years of at least two prior forcible felony convictions. Notwithstanding any other provision of law to the contrary, a person sentenced as a persistent felony offender shall be committed to the custody of the director of the Iowa department of corrections for the rest of the person’s life with the possibility of parole after serving a minimum term of confinement as determined by the court.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a minimum sentence for a persistent felony offender.
   The bill provides that a persistent felony offender is any person convicted of a forcible felony under Code section 702.11 who has twice before been convicted of a forcible felony in a court of this or any other state, or of the United States, if the most recent forcible felony conviction has occurred within 20 years of at least two prior forcible felony convictions. Notwithstanding any other provision of law to the contrary, a person sentenced as a persistent felony offender shall be committed to the custody of the director of the Iowa department of corrections for the rest of the person’s life with the possibility of parole after serving a minimum term of confinement as determined by the court. A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson in the first degree, or burglary in the first degree.