House
File
2064
-
Reprinted
HOUSE
FILE
2064
BY
RIZER
and
DAWSON
(As
Amended
and
Passed
by
the
House
March
3,
2016
)
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
child
endangerment
1
resulting
in
the
death
of
a
child
or
minor,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
902.12,
Code
2016,
is
amended
to
read
as
1
follows:
2
902.12
Minimum
sentence
for
certain
felonies
——
eligibility
3
for
parole
or
work
release.
4
1.
A
person
serving
a
sentence
for
conviction
of
the
5
following
felonies,
including
a
person
serving
a
sentence
6
for
conviction
of
the
following
felonies
prior
to
July
1,
7
2003,
shall
be
denied
parole
or
work
release
unless
the
person
8
has
served
at
least
seven-tenths
of
the
maximum
term
of
the
9
person’s
sentence:
10
1.
a.
Murder
in
the
second
degree
in
violation
of
section
11
707.3
.
12
2.
b.
Attempted
murder
in
violation
of
section
707.11
.
13
3.
c.
Sexual
abuse
in
the
second
degree
in
violation
of
14
section
709.3
.
15
4.
d.
Kidnapping
in
the
second
degree
in
violation
of
16
section
710.3
.
17
5.
e.
Robbery
in
the
first
or
second
degree
in
violation
of
18
section
711.2
or
711.3
,
except
as
determined
in
subsection
3
.
19
6.
f.
Vehicular
homicide
in
violation
of
section
707.6A,
20
subsection
1
or
2
,
if
the
person
was
also
convicted
under
21
section
321.261,
subsection
4
,
based
on
the
same
facts
or
22
event
that
resulted
in
the
conviction
under
section
707.6A,
23
subsection
1
or
2
.
24
2.
a.
A
person
serving
a
sentence
for
a
conviction
of
25
child
endangerment
as
defined
in
section
726.6,
subsection
26
1,
paragraph
“b”
,
that
is
described
and
punishable
under
27
section
726.6,
subsection
4,
shall
be
denied
parole
or
work
28
release
until
the
person
has
served
between
three-tenths
and
29
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
30
provided
under
paragraph
“b”
.
31
b.
The
sentencing
court
shall
determine
when
the
person
32
shall
become
eligible
for
consideration
of
parole
or
work
33
release
within
the
parameters
specified
under
paragraph
“a”
,
34
based
upon
all
pertinent
information
including
the
person’s
35
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criminal
record
and
whether
the
offense
involved
multiple
1
intentional
acts
or
a
series
of
intentional
acts,
or
whether
2
the
offense
involved
torture
or
cruelty.
3
3.
a.(1)
A
person
serving
a
sentence
for
a
conviction
of
4
robbery
in
the
second
degree
in
violation
of
section
711.3
5
for
a
conviction
that
occurs
on
or
after
July
1,
2016,
shall
6
be
denied
parole
or
work
release
until
the
person
has
served
7
between
three-tenths
and
seven-tenths
of
the
maximum
term
of
8
the
person’s
sentence
as
provided
under
subparagraph
(2).
9
(2)
The
sentencing
court
shall
determine
when
the
person
10
shall
become
eligible
for
consideration
of
parole
or
work
11
release
within
the
parameters
specified
under
subparagraph
(1),
12
based
upon
all
pertinent
information
including
the
person’s
13
criminal
record
and
the
negative
impact
the
offense
has
had
on
14
the
victim
or
other
persons.
15
b.
(1)
Effective
July
1,
2018,
a
person
who
began
serving
16
a
sentence
prior
to
July
1,
2016,
for
a
conviction
of
robbery
17
in
the
second
degree
in
violation
of
section
711.3,
who
has
18
not
previously
been
convicted
of
a
forcible
felony,
shall
be
19
denied
parole
or
work
release
until
the
person
has
served
20
between
three-tenths
and
seven-tenths
of
the
maximum
term
of
21
the
person’s
sentence.
22
(2)
When
the
board
of
parole
considers
a
person
for
parole
23
or
work
release
pursuant
to
this
paragraph
“b”
the
board
shall
24
consider
all
pertinent
information
including
the
person’s
25
criminal
record
and
the
negative
impact
the
offense
has
had
on
26
the
victim
or
other
persons.
27
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