House
File
2542
-
Reprinted
HOUSE
FILE
2542
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
666)
(As
Amended
and
Passed
by
the
House
March
4,
2026
)
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
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H.F.
2542
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,
and
organized
retail
theft
10
under
section
714.2B,
subsection
3,
paragraph
“c”
.
For
purposes
11
of
determining
habitual
offender
status,
each
conviction
of
a
12
level
one
offense
is
worth
one
point.
13
b.
“Level
two
offense”
means
all
aggravated
misdemeanors
14
that
are
not
classified
as
a
level
one
offense
under
paragraph
15
“a”
,
and
serious
misdemeanors
that
involve
assault
causing
16
bodily
injury
or
mental
illness
under
section
708.2,
subsection
17
2,
domestic
abuse
assault
causing
bodily
injury
or
mental
18
illness
under
section
708.2A,
subsection
2,
paragraph
“b”
,
19
and
criminal
mischief
in
the
third
degree
under
section716.4.
20
For
purposes
of
determining
habitual
offender
status,
each
21
conviction
of
a
level
two
offense
is
worth
one-half
point.
22
2.
a.
A
habitual
offender
is
a
person
who
has
been
23
convicted
in
a
court
of
this
state
of
an
offense,
or
has
been
24
convicted
of
an
offense
committed
in
another
jurisdiction
that
25
would
constitute
an
equivalent
offense,
or
any
combination
of
26
level
one
or
level
two
offenses
resulting
in
the
accumulation
27
of
three
or
more
points.
28
b.
In
determining
whether
a
prior
conviction
counts
toward
29
the
accumulation
of
three
or
more
points,
the
court
shall
30
only
consider
criminal
convictions
within
twenty
years
of
the
31
current
conviction.
32
c.
For
purposes
of
paragraph
“a”
,
all
pending
charges
33
against
a
person
shall
be
aggregated
and
only
the
most
serious
34
charge
against
the
person
shall
count
toward
the
accumulation
35
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of
points.
1
d.
This
section
shall
only
apply
to
convictions
occurring
on
2
or
after
July
1,
2026.
3
3.
Notwithstanding
any
other
provision
of
law
to
the
4
contrary,
a
person
sentenced
as
a
habitual
offender
shall
not
5
be
eligible
for
parole
or
work
release
until
the
person
has
6
served
a
minimum
term
of
commitment
of
twenty
years
unless
the
7
current
level
one
offense
the
person
is
convicted
of
carries
a
8
higher
minimum
sentence,
which
shall
be
considered
the
minimum
9
sentence
under
this
section,
and
no
such
judgment,
sentence,
or
10
part
thereof
shall
be
deferred
or
suspended.
11
Sec.
2.
Section
902.9,
subsection
1,
paragraph
c,
Code
2026,
12
is
amended
to
read
as
follows:
13
c.
An
A
habitual
offender
shall
be
confined
for
no
more
than
14
fifteen
years
sentenced
to
confinement
as
provided
in
section
15
902.8
.
16
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