HF 55 (LSB 1955YH (6) 91)

HOUSE FILE 55

BY  RINKER

A BILL FOR

An Act relating to mandatory minimum sentences relating to the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.26, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  A person who is convicted of a felony in a state or federal court, or who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class “D” felony the following:
   (1)  A class “D” felony for a first offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed five years with a mandatory minimum term of confinement of two years.
   (2)  A class “D” felony for a second offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed five years with a mandatory minimum term of confinement of four years.
   (3)  A class “C” felony for a third offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed ten years with a mandatory minimum term of confinement of seven years.
   (4)  A class “C” felony for a fourth or subsequent offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed ten years with a mandatory minimum term of confinement of ten years.
   b.  The court shall not defer judgment or sentencing, or suspend execution of any mandatory minimum sentence of incarceration imposed by this subsection.
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 relating to the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon.
   Current law provides that a person who is convicted of a felony in a state or federal court, or who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class “D” felony.
   The bill establishes penalties for first, second, third, and fourth and subsequent violations, and requires commitment to the custody of the director of the department of corrections for a mandatory minimum term of incarceration. The bill provides the following: a first offense is a class “D” felony with a mandatory minimum term of confinement of two years; a second offense is a class “D” felony with a mandatory minimum term of confinement of four years; a third offense is a class “C” felony with a mandatory minimum term of confinement of seven years; and a fourth or subsequent offense is a class “C” felony with a mandatory minimum term of confinement of 10 years. The maximum period of confinement for a class “D” felony is five years, and the maximum period of confinement for a class “C” felony is ten years.
   The bill provides that the court shall not defer judgment or sentencing, or suspend execution of any mandatory minimum sentence of incarceration.