SF 2079 (LSB 6111XS (3) 91)

SENATE FILE 2079

BY  GUTH and TAYLOR

A BILL FOR

An Act relating to parole eligibility for a person under the age of twenty-one convicted of a class “A” felony and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.1, subsection 2, paragraph a, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Notwithstanding subsection 1, a defendant convicted of murder in the first degree in violation of section 707.2, and who was under the age of eighteen twenty-one at the time the offense was committed shall receive one of the following sentences:
    Sec. 2.  Section 902.1, subsection 3, paragraph a, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Notwithstanding subsections 1 and 2, a defendant convicted of a class “A” felony, other than murder in the first degree in violation of section 707.2, and who was under the age of eighteen twenty-one at the time the offense was committed shall receive one of the following sentences:
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 parole eligibility for a person under the age of 21 convicted of a class “A” felony.
   Current law provides that a person under the age of 18 convicted of first degree murder, a class “A” felony, shall receive one of the following sentences: commitment to the department of corrections for the rest of the defendant’s life with no possibility of parole unless the governor commutes the sentence to a term of years; commitment to the department of corrections for the rest of the defendant’s life with the possibility of parole after serving a minimum term of confinement as determined by the court; or commitment to the department of corrections for the rest of the defendant’s life with the possibility of parole.
   The bill increases the age limit from 18 years to 21 years.
   Current law provides that a defendant convicted of a class “A” felony, other than murder in the first degree, and who was under the age of 18 at the time the offense was committed shall receive one of the following sentences: commitment to the department of corrections for the rest of the defendant’s life with the possibility of parole after serving a minimum term of confinement as determined by the court; or commitment to the department of corrections for the rest of the defendant’s life with the possibility of parole.
   The bill increases the age limit from 18 years to 21 years.