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House File 389 - IntroducedA Bill ForAn Act 1relating to an habitual offender, and providing
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 902.8, Code 2017, is amended to read as
2follows:
3902.8 Minimum sentence — habitual offender.
4An habitual offender is any person convicted of a class “B”,
5 class “C”, or a class “D” felony, who has twice before been
6convicted of any felony in a court of this or any other state,
7or of the United States. An offense is a felony if, by the law
8under which the person is convicted, it is so classified at
9the time of the person’s conviction. A person sentenced as an
10habitual offender shall not be eligible for parole until the
11person has served the minimum sentence of confinement of three
12years.
13 Sec. 2. Section 902.9, subsection 1, paragraph c, Code 2017,
14is amended to read as follows:
15c. An habitual offender shall be confined for no more than
16fifteen years twice the maximum sentence as determined by this
17section or as otherwise prescribed by statute.
18 Sec. 3. Section 902.12, Code 2017, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 4. A person serving a sentence for a
21conviction as an habitual offender under section 902.8 shall
22be denied parole or work release until the person has served
23at least seven-tenths of the maximum term of the person’s
24sentence.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to an habitual offender, and provides
29penalties.
30Currently, an habitual offender is any person convicted of
31a class “C” or a class “D” felony, who has twice before been
32convicted of any felony in a court of this or any other state,
33or of the United States. In addition, current law provides
34that the maximum sentence for an habitual offender is 15 years
35of confinement upon conviction of a class “C” or class “D”
-1-1felony, which results in five more years of confinement for a
2class “C” felony conviction and 10 more years of confinement
3for a class “D” felony conviction.
4The bill expands the persons eligible for an habitual
5offender sentence to include a person who commits a class “B”
6felony if that person has twice before been convicted of any
7felony in a court of this or any other state, or of the United
8States.
9The bill replaces the maximum habitual offender sentence
10of 15 years of confinement with a sentence that is twice the
11maximum sentence for the felony committed as determined by
12Code section 902.9 or twice the maximum sentence as otherwise
13prescribed by the statute violated.
14A person convicted as an habitual offender under the bill
15shall also be denied parole or work release until the person
16has served at least seven-tenths of the maximum term of the
17person’s sentence.
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2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 902.8, Code 2017, is amended to read as
2follows:
3902.8 Minimum sentence — habitual offender.
4An habitual offender is any person convicted of a class “B”,
5 class “C”, or a class “D” felony, who has twice before been
6convicted of any felony in a court of this or any other state,
7or of the United States. An offense is a felony if, by the law
8under which the person is convicted, it is so classified at
9the time of the person’s conviction. A person sentenced as an
10habitual offender shall not be eligible for parole until the
11person has served the minimum sentence of confinement of three
12years.
13 Sec. 2. Section 902.9, subsection 1, paragraph c, Code 2017,
14is amended to read as follows:
15c. An habitual offender shall be confined for no more than
16fifteen years twice the maximum sentence as determined by this
17section or as otherwise prescribed by statute.
18 Sec. 3. Section 902.12, Code 2017, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 4. A person serving a sentence for a
21conviction as an habitual offender under section 902.8 shall
22be denied parole or work release until the person has served
23at least seven-tenths of the maximum term of the person’s
24sentence.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to an habitual offender, and provides
29penalties.
30Currently, an habitual offender is any person convicted of
31a class “C” or a class “D” felony, who has twice before been
32convicted of any felony in a court of this or any other state,
33or of the United States. In addition, current law provides
34that the maximum sentence for an habitual offender is 15 years
35of confinement upon conviction of a class “C” or class “D”
-1-1felony, which results in five more years of confinement for a
2class “C” felony conviction and 10 more years of confinement
3for a class “D” felony conviction.
4The bill expands the persons eligible for an habitual
5offender sentence to include a person who commits a class “B”
6felony if that person has twice before been convicted of any
7felony in a court of this or any other state, or of the United
8States.
9The bill replaces the maximum habitual offender sentence
10of 15 years of confinement with a sentence that is twice the
11maximum sentence for the felony committed as determined by
12Code section 902.9 or twice the maximum sentence as otherwise
13prescribed by the statute violated.
14A person convicted as an habitual offender under the bill
15shall also be denied parole or work release until the person
16has served at least seven-tenths of the maximum term of the
17person’s sentence.
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