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House File 155 - IntroducedA Bill ForAn Act 1relating to mandatory minimum sentences relating to the
2control, possession, receipt, or transportation of a firearm
3or offensive weapon by a felon and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.26, subsection 1, Code 2023, is
2amended to read as follows:
31. a. A person who is convicted of a felony in a state or
4federal court, or who is adjudicated delinquent on the basis
5of conduct that would constitute a felony if committed by an
6adult, and who knowingly has under the person’s dominion and
7control or possession, receives, or transports or causes to be
8transported a firearm or offensive weapon is guilty of a class
9“D” felony. the following:
10(1) A class “D” felony for a first offense, with commitment
11to the custody of the director of the department of corrections
12for an indeterminate term not to exceed five years with a
13mandatory minimum term of confinement of two years.
14(2) A class “D” felony for a second offense, with commitment
15to the custody of the director of the department of corrections
16for an indeterminate term not to exceed five years with a
17mandatory minimum term of confinement of four years.
18(3) A class “C” felony for a third offense, with commitment
19to the custody of the director of the department of corrections
20for an indeterminate term not to exceed ten years with a
21mandatory minimum term of confinement of seven years.
22(4) A class “C” felony for a fourth or subsequent offense,
23with commitment to the custody of the director of the
24department of corrections for an indeterminate term not to
25exceed ten years with a mandatory minimum term of confinement
26of ten years.
27b. The court shall not defer judgment or sentencing,
28or suspend execution of any mandatory minimum sentence of
29incarceration imposed by this subsection.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to mandatory minimum sentences relating
34to the control, possession, receipt, or transportation of a
35firearm or offensive weapon by a felon.
-1- 1Current law provides that a person who is convicted of a
2felony in a state or federal court, or who is adjudicated
3delinquent on the basis of conduct that would constitute a
4felony if committed by an adult, and who knowingly has under
5the person’s dominion and control or possession, receives, or
6transports or causes to be transported a firearm or offensive
7weapon is guilty of a class “D” felony.
8The bill establishes penalties for first, second, third, and
9fourth and subsequent violations, and requires commitment to
10the custody of the director of the department of corrections
11for a mandatory minimum term of incarceration. The bill
12provides the following: a first offense is a class “D” felony
13with a mandatory minimum term of confinement of two years; a
14second offense is a class “D” felony with a mandatory minimum
15term of confinement of four years; a third offense is a class
16“C” felony with a mandatory minimum term of confinement of
17seven years; and a fourth or subsequent offense is a class
18“C” felony with a mandatory minimum term of confinement of 10
19years.
20The bill provides that the court shall not defer judgment
21or sentencing, or suspend execution of any mandatory minimum
22sentence of incarceration.
-2-as/rh
2control, possession, receipt, or transportation of a firearm
3or offensive weapon by a felon and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.26, subsection 1, Code 2023, is
2amended to read as follows:
31. a. A person who is convicted of a felony in a state or
4federal court, or who is adjudicated delinquent on the basis
5of conduct that would constitute a felony if committed by an
6adult, and who knowingly has under the person’s dominion and
7control or possession, receives, or transports or causes to be
8transported a firearm or offensive weapon is guilty of a class
9“D” felony. the following:
10(1) A class “D” felony for a first offense, with commitment
11to the custody of the director of the department of corrections
12for an indeterminate term not to exceed five years with a
13mandatory minimum term of confinement of two years.
14(2) A class “D” felony for a second offense, with commitment
15to the custody of the director of the department of corrections
16for an indeterminate term not to exceed five years with a
17mandatory minimum term of confinement of four years.
18(3) A class “C” felony for a third offense, with commitment
19to the custody of the director of the department of corrections
20for an indeterminate term not to exceed ten years with a
21mandatory minimum term of confinement of seven years.
22(4) A class “C” felony for a fourth or subsequent offense,
23with commitment to the custody of the director of the
24department of corrections for an indeterminate term not to
25exceed ten years with a mandatory minimum term of confinement
26of ten years.
27b. The court shall not defer judgment or sentencing,
28or suspend execution of any mandatory minimum sentence of
29incarceration imposed by this subsection.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to mandatory minimum sentences relating
34to the control, possession, receipt, or transportation of a
35firearm or offensive weapon by a felon.
-1- 1Current law provides that a person who is convicted of a
2felony in a state or federal court, or who is adjudicated
3delinquent on the basis of conduct that would constitute a
4felony if committed by an adult, and who knowingly has under
5the person’s dominion and control or possession, receives, or
6transports or causes to be transported a firearm or offensive
7weapon is guilty of a class “D” felony.
8The bill establishes penalties for first, second, third, and
9fourth and subsequent violations, and requires commitment to
10the custody of the director of the department of corrections
11for a mandatory minimum term of incarceration. The bill
12provides the following: a first offense is a class “D” felony
13with a mandatory minimum term of confinement of two years; a
14second offense is a class “D” felony with a mandatory minimum
15term of confinement of four years; a third offense is a class
16“C” felony with a mandatory minimum term of confinement of
17seven years; and a fourth or subsequent offense is a class
18“C” felony with a mandatory minimum term of confinement of 10
19years.
20The bill provides that the court shall not defer judgment
21or sentencing, or suspend execution of any mandatory minimum
22sentence of incarceration.
-2-as/rh