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House File 2230 - IntroducedA Bill ForAn Act 1relating to criminal law including the disclosure of
2communications in professional confidence to a defendant and
3criminal sentencing and corrections, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 622.10, subsection 4, Code 2022, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
44. The confidentiality privilege under this section shall
5be absolute with regard to a criminal action and this section
6shall not be construed to authorize or require the disclosure
7of any privileged records to a defendant in a criminal
8action unless the privilege holder voluntarily waives the
9confidentiality privilege.
10 Sec. 2. Section 901.11, subsections 2, 3, 4, and 5, Code
112022, are amended to read as follows:
122. At the time of sentencing, the court shall determine
13when a person convicted of child endangerment as described in
14section 902.12, subsection 2 3, shall first become eligible
15for parole or work release within the parameters specified
16in section 902.12, subsection 2 3, based upon all pertinent
17information including the person’s criminal record, a validated
18risk assessment, and whether the offense involved multiple
19intentional acts or a series of intentional acts, or whether
20the offense involved torture or cruelty.
213. At the time of sentencing, the court shall determine when
22a person convicted of robbery in the first degree as described
23in section 902.12, subsection 3 4, shall first become eligible
24for parole or work release within the parameters specified
25in section 902.12, subsection 3 4, based upon all pertinent
26information including the person’s criminal record, a validated
27risk assessment, and the negative impact the offense has had
28on the victim or other persons.
294. At the time of sentencing, the court shall determine when
30a person convicted of robbery in the second degree as described
31in section 902.12, subsection 4 5, shall first become eligible
32for parole or work release within the parameters specified
33in section 902.12, subsection 4 5, based upon all pertinent
34information including the person’s criminal record, a validated
35risk assessment, and the negative impact the offense has had
-1-1on the victim or other persons.
25. At the time of sentencing, the court shall determine when
3a person convicted of arson in the first degree as described
4in section 902.12, subsection 5 6, shall first become eligible
5for parole or work release within the parameters specified
6in section 902.12, subsection 5 6, based upon all pertinent
7information including the person’s criminal record, a validated
8risk assessment, and the negative impact the offense has had
9on the victim or other persons.
10 Sec. 3. Section 902.12, Code 2022, is amended to read as
11follows:
12902.12 Minimum sentence for certain felonies — eligibility
13for parole or work release.
141. A person serving a sentence for conviction of any of
15the following felonies that occur on or after July 1, 2023, if
16other than a class “A” felony, shall be denied parole or work
17release unless the person has served at least nine-tenths of
18the maximum term of the person’s sentence:
19a. Homicide or a related crime in violation of chapter 707.
20b. Assault in violation of chapter 708.
21c. Terrorism in violation of chapter 708A.
22d. Sexual abuse in violation of chapter 709.
23e. Kidnapping or related offenses in violation of chapter
24710.
25f. Human trafficking in violation of chapter 710A, except
26for a violation of section 710A.2A.
27g. Robbery, aggravated theft, or extortion in violation of
28chapter 711.
29h. Arson in violation of chapter 712.
30i. Burglary in violation of chapter 713, except for a
31violation of section 713.7.
32j. Criminal gang participation or gang recruitment in
33violation of chapter 723A.
341. 2. A person serving a sentence for conviction of any of
35 the following felonies, including a person serving a sentence
-2-1for conviction of the following felonies that occur prior to
2July 1, 2003 2022, shall be denied parole or work release
3unless the person has served at least seven-tenths of the
4maximum term of the person’s sentence:
5a. Murder in the second degree in violation of section
6707.3.
7b. Attempted murder in violation of section 707.11, except
8as provided in section 707.11, subsection 5.
9c. Sexual abuse in the second degree in violation of section
10709.3.
11d. Kidnapping in the second degree in violation of section
12710.3.
13e. Robbery in the second degree in violation of section
14711.3, except as determined in subsection 4 5.
15f. Vehicular homicide in violation of section 707.6A,
16subsection 1 or 2, if the person was also convicted under
17section 321.261, subsection 4, based on the same facts or
18event that resulted in the conviction under section 707.6A,
19subsection 1 or 2.
202. 3. A person serving a sentence for a conviction of
21child endangerment as defined in section 726.6, subsection
221, paragraph “b”, that is described and punishable under
23section 726.6, subsection 5, shall be denied parole or work
24release until the person has served between three-tenths and
25seven-tenths of the maximum term of the person’s sentence as
26determined under section 901.11, subsection 2.
273. 4. A person serving a sentence for a conviction for
28robbery in the first degree in violation of section 711.2 for
29a conviction that occurs on or after July 1, 2018 prior to
30July 1, 2022, shall be denied parole or work release until
31the person has served between one-half and seven-tenths of
32the maximum term of the person’s sentence as determined under
33section 901.11, subsection 3.
344. 5. A person serving a sentence for a conviction for
35robbery in the second degree in violation of section 711.3
-3-1for a conviction that occurs on or after July 1, 2016 prior
2to July 1, 2022, shall be denied parole or work release until
3the person has served between one-half and seven-tenths of
4the maximum term of the person’s sentence as determined under
5section 901.11, subsection 4.
65. 6. A person serving a sentence for a conviction for
7arson in the first degree in violation of section 712.2 that
8occurs on or after July 1, 2019 prior to July 1, 2022, shall
9be denied parole or work release until the person has served
10between one-half and seven-tenths of the maximum term of
11the person’s sentence as determined under section 901.11,
12subsection 5.
13 Sec. 4. Section 903A.2, subsection 1, paragraph c, Code
142022, is amended to read as follows:
15c. Category “C” sentences are those sentences for attempted
16murder described in section 707.11, subsection 5, and sentences
17for the offenses described in section 902.12, subsection 1.
18Notwithstanding paragraphs paragraph “a” or “b”, an inmate
19serving a category “C” sentence is ineligible for a reduction
20of sentence under this section.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to criminal law including the disclosure
25of communications in professional confidence to a defendant
26and criminal sentencing and corrections, and makes penalties
27applicable.
28The bill provides that for purposes of a defendant seeking
29access to privileged records in a criminal action, the
30confidentiality privilege shall be absolute and shall not
31be construed to authorize or require the disclosure of any
32privileged records to a defendant unless the privilege holder
33voluntarily waives the confidentiality privilege.
34Current law requires that a person shall be denied parole or
35work release unless the person has served at least seven-tenths
-4-1of the maximum term of the person’s sentence for the most
2serious felonies. The bill provides that a person convicted
3of certain felonies on or after July 1, 2023, except for a
4violation classified as a class “A” felony, shall be denied
5parole or work release unless the person has served at least
6nine-tenths of the maximum term of the person’s sentence.
7Felonies requiring a person to serve nine-tenths of the
8maximum term of the person’s sentence include homicide or a
9related crime (Code chapter 707); assault (Code chapter 708);
10terrorism (Code chapter 708A); sexual abuse (Code chapter 709);
11kidnapping and related offenses (Code chapter 710); human
12trafficking except for a violation of Code section 710A.2A
13(Code chapter 710A); robbery, aggravated theft, or extortion
14(Code chapter 711); arson (Code chapter 712); burglary, except
15for a violation of Code section 713.7 (Code chapter 713); and
16criminal gang participation or gang recruitment (Code chapter
17723A).
18The bill provides that for earned time purposes, sentences
19for attempted murder described in Code section 707.11(5)
20(attempt to commit murder of a peace officer), and sentences
21for any of the offenses described in Code section 902.12(1)
22(minimum sentences for certain felonies), shall be classified
23as category “C” sentences. An inmate serving a category “C”
24sentence is ineligible for a reduction of sentence under Code
25section 903A.2.
-5-as/rh
2communications in professional confidence to a defendant and
3criminal sentencing and corrections, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 622.10, subsection 4, Code 2022, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
44. The confidentiality privilege under this section shall
5be absolute with regard to a criminal action and this section
6shall not be construed to authorize or require the disclosure
7of any privileged records to a defendant in a criminal
8action unless the privilege holder voluntarily waives the
9confidentiality privilege.
10 Sec. 2. Section 901.11, subsections 2, 3, 4, and 5, Code
112022, are amended to read as follows:
122. At the time of sentencing, the court shall determine
13when a person convicted of child endangerment as described in
14section 902.12, subsection 2 3, shall first become eligible
15for parole or work release within the parameters specified
16in section 902.12, subsection 2 3, based upon all pertinent
17information including the person’s criminal record, a validated
18risk assessment, and whether the offense involved multiple
19intentional acts or a series of intentional acts, or whether
20the offense involved torture or cruelty.
213. At the time of sentencing, the court shall determine when
22a person convicted of robbery in the first degree as described
23in section 902.12, subsection 3 4, shall first become eligible
24for parole or work release within the parameters specified
25in section 902.12, subsection 3 4, based upon all pertinent
26information including the person’s criminal record, a validated
27risk assessment, and the negative impact the offense has had
28on the victim or other persons.
294. At the time of sentencing, the court shall determine when
30a person convicted of robbery in the second degree as described
31in section 902.12, subsection 4 5, shall first become eligible
32for parole or work release within the parameters specified
33in section 902.12, subsection 4 5, based upon all pertinent
34information including the person’s criminal record, a validated
35risk assessment, and the negative impact the offense has had
-1-1on the victim or other persons.
25. At the time of sentencing, the court shall determine when
3a person convicted of arson in the first degree as described
4in section 902.12, subsection 5 6, shall first become eligible
5for parole or work release within the parameters specified
6in section 902.12, subsection 5 6, based upon all pertinent
7information including the person’s criminal record, a validated
8risk assessment, and the negative impact the offense has had
9on the victim or other persons.
10 Sec. 3. Section 902.12, Code 2022, is amended to read as
11follows:
12902.12 Minimum sentence for certain felonies — eligibility
13for parole or work release.
141. A person serving a sentence for conviction of any of
15the following felonies that occur on or after July 1, 2023, if
16other than a class “A” felony, shall be denied parole or work
17release unless the person has served at least nine-tenths of
18the maximum term of the person’s sentence:
19a. Homicide or a related crime in violation of chapter 707.
20b. Assault in violation of chapter 708.
21c. Terrorism in violation of chapter 708A.
22d. Sexual abuse in violation of chapter 709.
23e. Kidnapping or related offenses in violation of chapter
24710.
25f. Human trafficking in violation of chapter 710A, except
26for a violation of section 710A.2A.
27g. Robbery, aggravated theft, or extortion in violation of
28chapter 711.
29h. Arson in violation of chapter 712.
30i. Burglary in violation of chapter 713, except for a
31violation of section 713.7.
32j. Criminal gang participation or gang recruitment in
33violation of chapter 723A.
341. 2. A person serving a sentence for conviction of any of
35 the following felonies, including a person serving a sentence
-2-1for conviction of the following felonies that occur prior to
2July 1, 2003 2022, shall be denied parole or work release
3unless the person has served at least seven-tenths of the
4maximum term of the person’s sentence:
5a. Murder in the second degree in violation of section
6707.3.
7b. Attempted murder in violation of section 707.11, except
8as provided in section 707.11, subsection 5.
9c. Sexual abuse in the second degree in violation of section
10709.3.
11d. Kidnapping in the second degree in violation of section
12710.3.
13e. Robbery in the second degree in violation of section
14711.3, except as determined in subsection 4 5.
15f. Vehicular homicide in violation of section 707.6A,
16subsection 1 or 2, if the person was also convicted under
17section 321.261, subsection 4, based on the same facts or
18event that resulted in the conviction under section 707.6A,
19subsection 1 or 2.
202. 3. A person serving a sentence for a conviction of
21child endangerment as defined in section 726.6, subsection
221, paragraph “b”, that is described and punishable under
23section 726.6, subsection 5, shall be denied parole or work
24release until the person has served between three-tenths and
25seven-tenths of the maximum term of the person’s sentence as
26determined under section 901.11, subsection 2.
273. 4. A person serving a sentence for a conviction for
28robbery in the first degree in violation of section 711.2 for
29a conviction that occurs on or after July 1, 2018 prior to
30July 1, 2022, shall be denied parole or work release until
31the person has served between one-half and seven-tenths of
32the maximum term of the person’s sentence as determined under
33section 901.11, subsection 3.
344. 5. A person serving a sentence for a conviction for
35robbery in the second degree in violation of section 711.3
-3-1for a conviction that occurs on or after July 1, 2016 prior
2to July 1, 2022, shall be denied parole or work release until
3the person has served between one-half and seven-tenths of
4the maximum term of the person’s sentence as determined under
5section 901.11, subsection 4.
65. 6. A person serving a sentence for a conviction for
7arson in the first degree in violation of section 712.2 that
8occurs on or after July 1, 2019 prior to July 1, 2022, shall
9be denied parole or work release until the person has served
10between one-half and seven-tenths of the maximum term of
11the person’s sentence as determined under section 901.11,
12subsection 5.
13 Sec. 4. Section 903A.2, subsection 1, paragraph c, Code
142022, is amended to read as follows:
15c. Category “C” sentences are those sentences for attempted
16murder described in section 707.11, subsection 5, and sentences
17for the offenses described in section 902.12, subsection 1.
18Notwithstanding paragraphs paragraph “a” or “b”, an inmate
19serving a category “C” sentence is ineligible for a reduction
20of sentence under this section.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to criminal law including the disclosure
25of communications in professional confidence to a defendant
26and criminal sentencing and corrections, and makes penalties
27applicable.
28The bill provides that for purposes of a defendant seeking
29access to privileged records in a criminal action, the
30confidentiality privilege shall be absolute and shall not
31be construed to authorize or require the disclosure of any
32privileged records to a defendant unless the privilege holder
33voluntarily waives the confidentiality privilege.
34Current law requires that a person shall be denied parole or
35work release unless the person has served at least seven-tenths
-4-1of the maximum term of the person’s sentence for the most
2serious felonies. The bill provides that a person convicted
3of certain felonies on or after July 1, 2023, except for a
4violation classified as a class “A” felony, shall be denied
5parole or work release unless the person has served at least
6nine-tenths of the maximum term of the person’s sentence.
7Felonies requiring a person to serve nine-tenths of the
8maximum term of the person’s sentence include homicide or a
9related crime (Code chapter 707); assault (Code chapter 708);
10terrorism (Code chapter 708A); sexual abuse (Code chapter 709);
11kidnapping and related offenses (Code chapter 710); human
12trafficking except for a violation of Code section 710A.2A
13(Code chapter 710A); robbery, aggravated theft, or extortion
14(Code chapter 711); arson (Code chapter 712); burglary, except
15for a violation of Code section 713.7 (Code chapter 713); and
16criminal gang participation or gang recruitment (Code chapter
17723A).
18The bill provides that for earned time purposes, sentences
19for attempted murder described in Code section 707.11(5)
20(attempt to commit murder of a peace officer), and sentences
21for any of the offenses described in Code section 902.12(1)
22(minimum sentences for certain felonies), shall be classified
23as category “C” sentences. An inmate serving a category “C”
24sentence is ineligible for a reduction of sentence under Code
25section 903A.2.
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