Bill Text: IA SF586 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing a criminal penalty for violent repeat offenders and providing for risk assessments. (Formerly SF 381.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-12 - Fiscal note. [SF586 Detail]
Download: Iowa-2019-SF586-Introduced.html
Senate
File
586
-
Introduced
SENATE
FILE
586
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
381)
A
BILL
FOR
An
Act
establishing
a
criminal
penalty
for
violent
repeat
1
offenders
and
providing
for
risk
assessments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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586
Section
1.
Section
901.2,
subsection
2,
paragraph
d,
Code
1
2019,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
A
risk
assessment
when
the
offense
3
is
a
domestic
abuse
assault
in
violation
of
section
708.2A,
or
4
harassment
in
violation
of
section
708.7.
5
Sec.
2.
Section
901.3,
Code
2019,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
1A.
The
performance
of
a
risk
assessment
8
shall
be
required
as
part
of
a
presentence
investigation
under
9
subsection
1
for
domestic
abuse
assault
in
violation
of
section
10
708.2A,
harassment
in
violation
of
section
708.7,
or
stalking
11
in
violation
of
section
708.11.
12
Sec.
3.
Section
903A.2,
subsection
1,
paragraphs
a
and
b,
13
Code
2019,
are
amended
to
read
as
follows:
14
a.
(1)
Category
“A”
sentences
are
those
sentences
which
15
are
not
subject
to
a
maximum
accumulation
of
earned
time
of
16
fifteen
percent
of
the
total
sentence
of
confinement
under
17
section
902.12
or
902.13
,
and
sentences
which
are
not
violent
18
repeat
offender
sentences
under
section
903A.8,
and
are
not
19
category
“C”
sentences.
To
the
extent
provided
in
subsection
20
5
,
category
“A”
sentences
also
include
life
sentences
imposed
21
under
section
902.1
.
An
inmate
of
an
institution
under
the
22
control
of
the
department
of
corrections
who
is
serving
a
23
category
“A”
sentence
is
eligible
for
a
reduction
of
sentence
24
equal
to
one
and
two-tenths
days
for
each
day
the
inmate
25
demonstrates
good
conduct
and
satisfactorily
participates
in
26
any
program
or
placement
status
identified
by
the
director
to
27
earn
the
reduction.
The
programs
include
but
are
not
limited
28
to
the
following:
29
(a)
Employment
in
the
institution.
30
(b)
Iowa
state
industries.
31
(c)
An
employment
program
established
by
the
director.
32
(d)
A
treatment
program
established
by
the
director.
33
(e)
An
inmate
educational
program
approved
by
the
director.
34
(2)
However,
an
inmate
required
to
participate
in
a
sex
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offender
treatment
program
shall
not
be
eligible
for
any
1
reduction
of
sentence
until
the
inmate
participates
in
and
2
completes
a
sex
offender
treatment
program
established
by
the
3
director.
4
(3)
An
inmate
serving
a
category
“A”
sentence
is
eligible
5
for
an
additional
reduction
of
sentence
of
up
to
three
hundred
6
sixty-five
days
of
the
full
term
of
the
sentence
of
the
inmate
7
for
exemplary
acts.
In
accordance
with
section
903A.4
,
the
8
director
shall
by
policy
identify
what
constitutes
an
exemplary
9
act
that
may
warrant
an
additional
reduction
of
sentence.
10
b.
(1)
Category
“B”
sentences
are
those
sentences
which
11
are
subject
to
a
maximum
accumulation
of
earned
time
of
fifteen
12
percent
of
the
total
sentence
of
confinement
under
section
13
902.12
or
902.13
,
and
sentences
which
are
not
violent
repeat
14
offender
sentences
under
section
903A.8,
and
are
not
category
15
“C”
sentences.
An
inmate
of
an
institution
under
the
control
16
of
the
department
of
corrections
who
is
serving
a
category
17
“B”
sentence
is
eligible
for
a
reduction
of
sentence
equal
to
18
fifteen
eighty-fifths
of
a
day
for
each
day
of
good
conduct
by
19
the
inmate.
20
(2)
An
inmate
required
to
participate
in
a
domestic
abuse
21
treatment
program
shall
not
be
eligible
for
any
reduction
of
22
sentence
until
the
inmate
participates
in
and
completes
a
23
domestic
abuse
treatment
program
established
by
the
director.
24
Sec.
4.
NEW
SECTION
.
903A.8
Violent
repeat
offender.
25
1.
A
violent
repeat
offender
is
any
person
convicted
of
a
26
felony
offense
under
chapter
707,
708,
709,
710,
or
sections
27
711.2,
711.3,
713.3,
713.4,
713.5(1)(a),
or
713.6(1)(a),
who
28
has
previously
been
convicted
of
any
two
felony
violations
29
under
chapter
707,
708,
709,
710,
or
sections
711.2,
711.3,
30
713.3,
713.4,
713.5(1)(a),
or
713.6(1)(a).
31
2.
Notwithstanding
subsection
1,
a
person
shall
not
be
32
considered
to
be
a
violent
repeat
offender
if
the
conviction
33
that
would
otherwise
make
the
offender
a
violent
repeat
34
offender
is
a
conviction
for
murder
in
the
second
degree
in
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violation
of
section
707.3,
attempted
murder
in
violation
of
1
section
707.11,
sexual
abuse
in
the
second
degree
in
violation
2
of
section
709.3,
kidnapping
in
the
second
degree
in
violation
3
of
section
710.3,
or
robbery
in
the
second
degree
in
violation
4
of
section
711.3.
However,
a
prior
conviction
for
murder
in
5
the
second
degree
in
violation
of
section
707.3,
attempted
6
murder
in
violation
of
section
707.11,
sexual
abuse
in
the
7
second
degree
in
violation
of
section
709.3,
kidnapping
in
the
8
second
degree
in
violation
of
section
710.3,
or
robbery
in
the
9
second
degree
in
violation
of
section
711.3
shall
be
counted
10
as
a
previous
conviction
in
determining
whether
a
person
is
a
11
violent
repeat
offender
due
to
the
most
recent
conviction.
12
3.
An
offense
is
a
felony
if,
by
the
law
under
which
the
13
person
is
convicted,
it
is
so
classified
at
the
time
of
the
14
person’s
conviction.
15
4.
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
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
establishes
a
criminal
penalty
for
a
violent
25
repeat
offender
and
provides
for
risk
assessments.
26
If
a
presentence
investigation
is
required
prior
27
to
sentencing,
the
bill
requires
that
the
presentence
28
investigation
include
a
risk
assessment
of
the
offender,
if
the
29
offender
was
convicted
of
domestic
abuse
assault
in
violation
30
of
Code
section
708.2A,
harassment
in
violation
of
Code
section
31
708.7,
or
stalking
in
violation
of
Code
section
708.11.
32
Under
the
bill,
a
violent
repeat
offender
is
any
33
person
convicted
of
a
felony
offense
under
Code
chapter
34
707
(homicide),
708
(assault),
709
(sexual
abuse),
710
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(kidnapping),
or
sections
711.2
(robbery
in
the
first
degree),
1
711.3
(robbery
in
the
second
degree),
713.3
(burglary
in
the
2
first
degree),
713.4
(attempted
burglary
in
the
first
degree),
3
713.5(1)(a)
(burglary
in
the
second
degree),
or
713.6(1)(a)
4
(attempted
burglary
in
the
second
degree)
who
has
twice
5
before
been
convicted
of
any
felony
violation
under
those
Code
6
chapters
or
sections.
7
An
offender
who
is
serving
a
violent
repeat
offender
8
sentence
under
the
bill
is
only
eligible
for
a
reduction
of
9
sentence
equal
to
fifteen
eighty-fifths
of
a
day
for
each
10
day
of
good
conduct
by
the
offender.
Most
other
offenders
11
are
eligible
for
a
reduction
of
sentence
equal
to
one
and
12
two-tenths
days
for
each
day
the
inmate
demonstrates
good
13
conduct.
The
fifteen
eighty-fifths
of
a
day
for
each
day
of
14
good
conduct
by
a
repeat
violent
offender
equals
the
same
rate
15
of
reduction
of
sentence
for
an
offender
who
is
serving
a
70
16
percent
sentence
under
Code
section
902.12
or
902.13.
However,
17
an
offender
serving
a
violent
repeat
offender
sentence
is
not
18
required
to
serve
seven-tenths
of
the
maximum
term
of
the
19
sentence
prior
to
being
eligible
for
parole
or
work
release
as
20
an
offender
serving
a
70
percent
sentence
is
required
to
serve.
21
In
order
to
preserve
the
service
of
a
70
percent
sentence
by
22
an
offender,
a
person
shall
not
be
a
violent
repeat
offender
23
if
the
most
recent
conviction
that
would
otherwise
make
the
24
offender
a
violent
repeat
offender
is
a
conviction
for
murder
25
in
the
second
degree
in
violation
of
Code
section
707.3,
26
attempted
murder
in
violation
of
Code
section
707.11,
sexual
27
abuse
in
the
second
degree
in
violation
of
Code
section
709.3,
28
kidnapping
in
the
second
degree
in
violation
of
Code
section
29
710.3,
or
robbery
in
the
second
degree
in
violation
of
Code
30
section
711.3.
However,
a
prior
conviction
for
murder
in
the
31
second
degree,
attempted
murder,
sexual
abuse
in
the
second
32
degree,
kidnapping
in
the
second
degree,
or
robbery
in
the
33
second
degree
shall
be
counted
as
a
previous
conviction
in
34
determining
whether
a
person
is
a
violent
repeat
offender.
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