Bill Text: IA SF2073 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act establishing a criminal penalty for a violent habitual offender.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-30 - Subcommittee, Hogg, Courtney, and Schneider. S.J. 162. [SF2073 Detail]
Download: Iowa-2013-SF2073-Introduced.html
Senate
File
2073
-
Introduced
SENATE
FILE
2073
BY
McCOY
A
BILL
FOR
An
Act
establishing
a
criminal
penalty
for
a
violent
habitual
1
offender.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
901.5,
subsection
2,
Code
2014,
is
1
amended
to
read
as
follows:
2
2.
If
the
defendant
is
not
an
a
habitual
offender
or
violent
3
habitual
offender
as
defined
by
section
902.8
or
902.8B
,
the
4
court
may
pronounce
judgment
and
impose
a
fine.
5
Sec.
2.
NEW
SECTION
.
902.8B
Minimum
sentence
——
violent
6
habitual
offender.
7
1.
A
violent
habitual
offender
is
any
person
convicted
of
8
a
class
“C”
or
a
class
“D”
felony,
who
has
twice
before
been
9
convicted
of
any
felony
violation
under
chapter
707,
708,
709,
10
or
710.
An
offense
is
a
felony
if,
by
the
law
under
which
the
11
person
is
convicted,
it
is
so
classified
at
the
time
of
the
12
person’s
conviction.
A
person
sentenced
as
a
violent
habitual
13
offender
shall
not
be
eligible
for
parole
until
the
person
has
14
served
the
minimum
sentence
of
confinement
of
four
years.
15
2.
For
purposes
of
this
section,
felony
conviction
16
includes
any
felony
conviction
in
another
jurisdiction
that
is
17
comparable
to
a
felony
listed
in
subsection
1
or
any
conviction
18
under
the
prior
laws
of
this
state
or
another
jurisdiction,
19
that
is
comparable
to
a
felony
conviction
listed
in
subsection
20
1.
21
Sec.
3.
Section
902.9,
subsection
1,
paragraphs
c
through
e,
22
Code
2014,
are
amended
to
read
as
follows:
23
c.
An
A
habitual
offender
under
section
902.8
shall
be
24
confined
for
no
more
than
fifteen
years.
25
d.
A
class
“C”
felon,
not
an
a
habitual
offender,
shall
be
26
confined
for
no
more
than
ten
years,
and
in
addition
shall
be
27
sentenced
to
a
fine
of
at
least
one
thousand
dollars
but
not
28
more
than
ten
thousand
dollars.
29
e.
A
class
“D”
felon,
not
an
a
habitual
offender,
shall
be
30
confined
for
no
more
than
five
years,
and
in
addition
shall
be
31
sentenced
to
a
fine
of
at
least
seven
hundred
fifty
dollars
but
32
not
more
than
seven
thousand
five
hundred
dollars.
33
Sec.
4.
Section
902.9,
subsection
1,
Code
2014,
is
amended
34
by
adding
the
following
new
paragraph:
35
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NEW
PARAGRAPH
.
0d.
A
violent
habitual
offender
under
1
section
902.8B
shall
be
confined
for
no
more
than
twenty-one
2
years.
3
Sec.
5.
Section
906.4,
subsection
1,
Code
2014,
is
amended
4
to
read
as
follows:
5
1.
A
parole
or
work
release
shall
be
ordered
only
for
the
6
best
interest
of
society
and
the
offender
or
as
otherwise
7
required
by
law
,
and
not
as
an
award
of
clemency.
The
board
8
shall
release
on
parole
or
work
release
any
person
whom
it
9
has
the
power
to
so
release,
when
in
its
opinion
there
is
10
reasonable
probability
that
the
person
can
be
released
without
11
detriment
to
the
community
or
to
the
person.
A
person’s
12
release
is
not
a
detriment
to
the
community
or
the
person
if
13
the
person
is
able
and
willing
to
fulfill
the
obligations
of
a
14
law-abiding
citizen,
in
the
board’s
determination.
15
Sec.
6.
Section
906.4,
subsection
2,
Code
2014,
is
amended
16
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
c.
A
person
serving
a
sentence
under
section
18
902.8B
shall
be
placed
on
parole
or
work
release
at
least
19
one
year
prior
to
the
discharge
of
the
person’s
sentence.
20
Parole
or
work
release
for
a
person
serving
a
sentence
under
21
section
902.8B,
shall
begin
in
a
residential
treatment
facility
22
operated
by
a
judicial
district
department
of
correctional
23
services.
24
Sec.
7.
Section
907.3,
subsection
1,
paragraph
a,
Code
2014,
25
is
amended
by
adding
the
following
new
subparagraph:
26
NEW
SUBPARAGRAPH
.
(14)
The
defendant
is
classified
as
a
27
violent
habitual
offender
under
section
902.8B.
28
Sec.
8.
Section
907.3,
subsection
2,
paragraph
a,
Code
2014,
29
is
amended
by
adding
the
following
new
subparagraph:
30
NEW
SUBPARAGRAPH
.
(8)
Section
902.8B
classifying
the
31
defendant
as
a
violent
habitual
offender.
32
Sec.
9.
Section
907.3,
subsection
3,
Code
2014,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
g.
A
sentence
imposed
under
section
902.8B.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
establishes
a
criminal
penalty
for
a
violent
4
habitual
offender.
5
Under
the
bill,
a
person
convicted
of
a
class
“C”
or
a
class
6
“D”
felony,
who
has
twice
before
been
convicted
of
any
felony
7
violation
under
Code
chapter
707
(homicide
and
related
crimes),
8
708
(assault
and
related
offenses),
709
(sexual
abuse
and
9
related
offenses),
710
(kidnapping
and
related
offenses),
or
10
any
similar
offense
in
another
jurisdiction
shall
be
classified
11
as
a
violent
habitual
offender.
A
person
classified
as
a
12
violent
habitual
offender
shall
be
confined
for
no
more
than
13
21
years.
A
person
sentenced
as
a
violent
habitual
offender
14
shall
not
be
eligible
for
parole
until
the
person
has
served
15
the
minimum
sentence
of
confinement
of
four
years.
16
The
bill
requires
a
violent
habitual
offender
to
be
placed
17
on
parole
or
work
release
prior
to
the
expiration
of
the
18
sentence.
The
bill
prohibits
a
violent
habitual
offender
19
from
being
discharged
early
from
parole
or
work
release
20
unless
the
offender
has
served
at
least
one
year
on
parole
21
or
work
release.
The
bill
also
requires
a
violent
habitual
22
offender’s
parole
or
work
release
to
begin
in
a
residential
23
treatment
facility
operated
by
a
judicial
district
department
24
of
correctional
services.
25
The
bill
also
prohibits
a
person
classified
as
a
violent
26
habitual
offender
from
receiving
a
deferred
judgment,
or
a
27
deferred
or
suspended
sentence.
28
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