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Senate Study Bill 1010 - IntroducedA Bill ForAn Act 1relating to a special sentence for sexual abuse
2committed during a burglary.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 903B.1, Code 2021, is amended to read as
2follows:
3903B.1 Special sentence — class “B” or class “C” felonies.
4A person convicted of a class “C” felony or greater offense
5under chapter 709, a class “B” felony under section 713.3,
6subsection 1, paragraph “d”, or a class “C” felony under
7section 728.12, shall also be sentenced, in addition to
8any other punishment provided by law, to a special sentence
9committing the person into the custody of the director of the
10Iowa department of corrections for the rest of the person’s
11life, with eligibility for parole as provided in chapter
12906. The board of parole shall determine whether the person
13should be released on parole or placed in a work release
14program. The special sentence imposed under this section shall
15commence upon completion of the sentence imposed under any
16applicable criminal sentencing provisions for the underlying
17criminal offense and the person shall begin the sentence under
18supervision as if on parole or work release. The person shall
19be placed on the corrections continuum in chapter 901B, and
20the terms and conditions of the special sentence, including
21violations, shall be subject to the same set of procedures set
22out in chapters 901B, 905, 906, and chapter 908, and rules
23adopted under those chapters for persons on parole or work
24release. The revocation of release shall not be for a period
25greater than two years upon any first revocation, and five
26years upon any second or subsequent revocation. A special
27sentence shall be considered a category “A” sentence for
28purposes of calculating earned time under section 903A.2.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to a special sentence for sexual abuse
33committed during a burglary.
34The bill provides that a person convicted of sexual abuse
35committed during a burglary, a class “B” felony under Code
-1-1section 713.3(1)(d), shall also be sentenced, in addition to
2any other punishment provided by law, to a special sentence
3committing the person into the custody of the director of the
4Iowa department of corrections for the rest of the person’s
5life, with eligibility for parole as provided in Code chapter
6906. Code section 713.3(1)(d) provides that a person commits
7burglary in the first degree if, while perpetrating a burglary
8in or upon an occupied structure in which one or more persons
9are present, the person performs or participates in a sex act
10with any person which would constitute sexual abuse under Code
11section 709.1.
12Sexual abuse committed during a burglary is an “aggravated
13offense” under Code section 692A.101(1)(a)(6). Sexual abuse
14committed during a burglary is classified as a tier III sex
15offense under Code section 692A.102(1)(c)(17), and a person
16convicted is required to register as a sex offender. Under
17Code section 692A.106(2), a sex offender who has been sentenced
18to a special sentence under Code section 903B.1 shall be
19required to register for a period equal to the term of the
20special sentence.
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2committed during a burglary.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 903B.1, Code 2021, is amended to read as
2follows:
3903B.1 Special sentence — class “B” or class “C” felonies.
4A person convicted of a class “C” felony or greater offense
5under chapter 709, a class “B” felony under section 713.3,
6subsection 1, paragraph “d”, or a class “C” felony under
7section 728.12, shall also be sentenced, in addition to
8any other punishment provided by law, to a special sentence
9committing the person into the custody of the director of the
10Iowa department of corrections for the rest of the person’s
11life, with eligibility for parole as provided in chapter
12906. The board of parole shall determine whether the person
13should be released on parole or placed in a work release
14program. The special sentence imposed under this section shall
15commence upon completion of the sentence imposed under any
16applicable criminal sentencing provisions for the underlying
17criminal offense and the person shall begin the sentence under
18supervision as if on parole or work release. The person shall
19be placed on the corrections continuum in chapter 901B, and
20the terms and conditions of the special sentence, including
21violations, shall be subject to the same set of procedures set
22out in chapters 901B, 905, 906, and chapter 908, and rules
23adopted under those chapters for persons on parole or work
24release. The revocation of release shall not be for a period
25greater than two years upon any first revocation, and five
26years upon any second or subsequent revocation. A special
27sentence shall be considered a category “A” sentence for
28purposes of calculating earned time under section 903A.2.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to a special sentence for sexual abuse
33committed during a burglary.
34The bill provides that a person convicted of sexual abuse
35committed during a burglary, a class “B” felony under Code
-1-1section 713.3(1)(d), shall also be sentenced, in addition to
2any other punishment provided by law, to a special sentence
3committing the person into the custody of the director of the
4Iowa department of corrections for the rest of the person’s
5life, with eligibility for parole as provided in Code chapter
6906. Code section 713.3(1)(d) provides that a person commits
7burglary in the first degree if, while perpetrating a burglary
8in or upon an occupied structure in which one or more persons
9are present, the person performs or participates in a sex act
10with any person which would constitute sexual abuse under Code
11section 709.1.
12Sexual abuse committed during a burglary is an “aggravated
13offense” under Code section 692A.101(1)(a)(6). Sexual abuse
14committed during a burglary is classified as a tier III sex
15offense under Code section 692A.102(1)(c)(17), and a person
16convicted is required to register as a sex offender. Under
17Code section 692A.106(2), a sex offender who has been sentenced
18to a special sentence under Code section 903B.1 shall be
19required to register for a period equal to the term of the
20special sentence.
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