HF 2542 (LSB 6837HV (3) 91)

HOUSE FILE 2542

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 666)

(As Amended and Passed by the House 2026-03-04)

A BILL FOR

An Act relating to habitual offenders, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.8, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   902.8  Habitual offender.
   1.  As used in this section:
   a.  “Level one offense” means all class “A”, “B”, “C”, and “D” felonies, and all aggravated misdemeanors that involve sexual abuse under chapter 709, domestic abuse assault under section 708.2A, assault with the intent to inflict a serious injury or while using or displaying a dangerous weapon under section 708.2, subsections 1 and 3, and organized retail theft under section 714.2B, subsection 3, paragraph “c”. For purposes of determining habitual offender status, each conviction of a level one offense is worth one point.
   b.  “Level two offense” means all aggravated misdemeanors that are not classified as a level one offense under paragraph “a”, and serious misdemeanors that involve assault causing bodily injury or mental illness under section 708.2, subsection 2, domestic abuse assault causing bodily injury or mental illness under section 708.2A, subsection 2, paragraph “b”, and criminal mischief in the third degree under section716.4. For purposes of determining habitual offender status, each conviction of a level two offense is worth one-half point.
   2.  a.  A habitual offender is a person who has been convicted in a court of this state of an offense, or has been convicted of an offense committed in another jurisdiction that would constitute an equivalent offense, or any combination of level one or level two offenses resulting in the accumulation of three or more points.
   b.  In determining whether a prior conviction counts toward the accumulation of three or more points, the court shall only consider criminal convictions within twenty years of the current conviction.
   c.  For purposes of paragraph “a”, all pending charges against a person shall be aggregated and only the most serious charge against the person shall count toward the accumulation of points.
   d.  This section shall only apply to convictions occurring on or after July 1, 2026.
   3.  Notwithstanding any other provision of law to the contrary, a person sentenced as a habitual offender shall not be eligible for parole or work release until the person has served a minimum term of commitment of twenty years unless the current level one offense the person is convicted of carries a higher minimum sentence, which shall be considered the minimum sentence under this section, and no such judgment, sentence, or part thereof shall be deferred or suspended.
    Sec. 2.  Section 902.9, subsection 1, paragraph c, Code 2026, is amended to read as follows:
   c.  An A habitual offender shall be confined for no more than fifteen years sentenced to confinement as provided in section 902.8.