House Study Bill 666 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to habitual offenders, and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6837YC (4) 91 as/js

H.F. _____ Section 1. Section 902.8, Code 2026, is amended by striking 1 the section and inserting in lieu thereof the following: 2 902.8 Habitual offender. 3 1. As used in this section: 4 a. “Level one offense” means all class “A”, “B”, “C”, and 5 “D” felonies, and all aggravated misdemeanors that involve 6 sexual abuse under chapter 709, domestic abuse assault under 7 section 708.2A, assault with the intent to inflict a serious 8 injury or while using or displaying a dangerous weapon under 9 section 708.2, subsections 1 and 3, organized retail theft 10 under section 714.2B, subsection 3, paragraph “c” , theft, 11 and possession of a controlled substance. For purposes of 12 determining habitual offender status, each conviction of a 13 level one offense is worth one point. 14 b. “Level two offense” means all aggravated misdemeanors 15 that are not classified as a level one offense under paragraph 16 “a” , and serious misdemeanors that involve assault causing 17 bodily injury or mental illness under section 708.2, subsection 18 2, domestic abuse assault causing bodily injury or mental 19 illness under section 708.2A, subsection 2, paragraph “b” , 20 harassment under section 708.7, subsection 3, unlawful 21 possession of a controlled substance under section 124.401, 22 subsections 3 and 5, theft in the fourth degree under section 23 714.2, and criminal mischief in the third degree under section 24 716.4. For purposes of determining habitual offender status, 25 each conviction of a level two offense is worth one-half point. 26 2. A habitual offender is a person who has been convicted, 27 in a court of this state or any other state, or of the United 28 States, of any combination of level one or level two offenses 29 resulting in the accumulation of three or more points. 30 3. Notwithstanding any other provision of law to the 31 contrary, a person sentenced as a habitual offender shall not 32 be eligible for parole or work release until the person has 33 served a minimum term of commitment of twenty years unless the 34 current level one offense the person is convicted of carries a 35 -1- LSB 6837YC (4) 91 as/js 1/ 3

H.F. _____ higher minimum sentence, which shall be considered the minimum 1 sentence under this section. 2 Sec. 2. Section 902.9, subsection 1, paragraph c, Code 2026, 3 is amended to read as follows: 4 c. An A habitual offender shall be confined for no more than 5 fifteen years sentenced to confinement as provided in section 6 902.8 . 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to habitual offenders. 11 The bill strikes the current law regarding habitual 12 offenders and provides that a habitual offender is a person 13 who has been convicted, in a court of this state or any other 14 state, or of the United States, of any combination of level one 15 or level two offenses resulting in the accumulation of three 16 or more points. 17 The bill defines “level one offense” as all class “A”, “B”, 18 “C”, and “D” felonies, and all aggravated misdemeanors that 19 involve sexual abuse under Code chapter 709, domestic abuse 20 assault under Code section 708.2A, assault with the intent 21 to inflict a serious injury or while using or displaying a 22 dangerous weapon under Code section 708.2(1) and (3), organized 23 retail theft under Code section 714.2B(3)(c), theft, and 24 possession of a controlled substance. Each conviction of a 25 level one offense is worth one point. 26 The bill defines “level two offense” as all aggravated 27 misdemeanors that are not classified as a level one offense, 28 and serious misdemeanors that involve assault causing bodily 29 injury or mental illness under Code section 708.2(2), domestic 30 abuse assault causing bodily injury or mental illness under 31 Code section 708.2A(2)(b), harassment under Code section 32 708.7(3), unlawful possession of a controlled substance under 33 Code section 124.401(3) and (5), theft in the fourth degree 34 under Code section 714.2, and criminal mischief in the third 35 -2- LSB 6837YC (4) 91 as/js 2/ 3

H.F. _____ degree under Code section 716.4. Each conviction of a level 1 two offense is worth one-half point. 2 The bill provides that notwithstanding any other provision 3 of law to the contrary, a person sentenced as a habitual 4 offender shall not be eligible for parole or work release until 5 the person has served a minimum term of commitment of 20 years 6 unless the current level one offense the person is convicted of 7 carries a higher minimum sentence, which shall be considered 8 the minimum sentence under the bill. 9 -3- LSB 6837YC (4) 91 as/js 3/ 3