HF 2155 (LSB 5053YH (2) 91)

HOUSE FILE 2155

BY  COLLINS

A BILL FOR

An Act relating to mandatory minimum sentences for certain criminal offenses, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.7, Code 2026, is amended to read as follows:
   902.7  Minimum sentence —— use of a dangerous weapon.
   At the trial of a person charged with participating in a forcible felony, if the trier of fact finds beyond a reasonable doubt that the person is guilty of a forcible felony and that the person represented that the person was in the immediate possession and control of a dangerous weapon, displayed a dangerous weapon in a threatening manner, or was armed with a dangerous weapon while participating in the forcible felony the convicted person shall serve a minimum of five years one-half of the sentence imposed by law. A person sentenced pursuant to this section shall not be eligible for parole until the person has served the minimum sentence of confinement imposed by this section.
    Sec. 2.  Section 902.8, Code 2026, is amended to read as follows:
   902.8  Minimum sentence —— habitual offender.
   An A 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. 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 a habitual offender shall not be eligible for parole until the person has served the a minimum sentence of confinement of three years one-half of the sentence imposed by law.
    Sec. 3.  Section 902.8A, Code 2026, is amended to read as follows:
   902.8A  Minimum sentence for conspiring to manufacture amphetamine or methamphetamine for delivery, or delivery of, amphetamine or methamphetamine, to a minor.
   A person who has been convicted for a first violation under section 124.401D shall not be eligible for parole until the person has served a minimum term of confinement of ten years of one-half of the sentence imposed by law.
    Sec. 4.  Section 902.12, subsection 2, Code 2026, is amended to read as follows:
   2.  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 one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 2.
    Sec. 5.  Section 902.13, subsection 1, Code 2026, is amended to read as follows:
   1.  A person who has been convicted of a third or subsequent offense of domestic abuse assault under section 708.2A, subsection 4, shall be denied parole or work release until the person has served between one-fifth one-half of the maximum term and the maximum term of the person’s sentence as provided in subsection 2.
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 mandatory minimum sentences for certain criminal offenses.
   The bill provides that a person found guilty of a forcible felony who was in the immediate possession and control of a dangerous weapon, displayed a dangerous weapon in a threatening manner, or was armed with a dangerous weapon while participating in the forcible felony shall serve a minimum of one-half of the sentence imposed by law. Current law requires the person to serve five years prior to eligibility for parole.
   The bill provides that a person sentenced as a habitual offender shall not be eligible for parole until the person has served a minimum of one-half of the sentence imposed by law. Code section 902.8 defines a habitual offender as 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.
   The bill provides that a person who has been convicted of a first violation of conspiring to manufacture amphetamine or methamphetamine for delivery, or delivery of amphetamine or methamphetamine, to a minor under Code section 124.401D shall not be eligible for parole until the person has served a minimum of one-half of the sentence imposed by law rather than a minimum of 10 years as provided by current law.
   The bill provides that a person serving a sentence for a conviction of child endangerment as defined in Code section 726.6(1)(b), that is described and punishable under Code section 726.6(5), 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. Current law requires the person to serve between three-tenths and seven-tenths of the maximum term.
   The bill provides that a person who has been convicted of a third or subsequent offense of domestic abuse assault shall be denied parole or work release until the person has served between one-half of the maximum term and the maximum term of the person’s sentence. Current law requires the person to serve between one-fifth of the maximum term and the maximum term of the person’s sentence.