Read the full stored bill text
House
File
176
-
Introduced
HOUSE
FILE
176
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
55)
A
BILL
FOR
An
Act
relating
to
mandatory
minimum
sentences
relating
to
the
1
control,
possession,
receipt,
or
transportation
of
a
firearm
2
or
offensive
weapon
by
a
felon
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1955HV
(2)
91
as/js
H.F.
176
Section
1.
Section
724.26,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
a.
A
person
who
is
convicted
of
a
felony
in
a
state
or
3
federal
court,
or
who
is
adjudicated
delinquent
on
the
basis
4
of
conduct
that
would
constitute
a
felony
if
committed
by
an
5
adult,
and
who
knowingly
has
under
the
person’s
dominion
and
6
control
or
possession,
receives,
or
transports
or
causes
to
be
7
transported
a
firearm
or
offensive
weapon
is
guilty
of
a
class
8
“D”
felony
the
following:
9
(1)
A
class
“D”
felony
for
a
first
offense,
with
commitment
10
to
the
custody
of
the
director
of
the
department
of
corrections
11
for
an
indeterminate
term
not
to
exceed
five
years
with
a
12
mandatory
minimum
term
of
confinement
of
two
years
.
13
(2)
A
class
“D”
felony
for
a
second
offense,
with
commitment
14
to
the
custody
of
the
director
of
the
department
of
corrections
15
for
an
indeterminate
term
not
to
exceed
five
years
with
a
16
mandatory
minimum
term
of
confinement
of
four
years.
17
(3)
A
class
“C”
felony
for
a
third
offense,
with
commitment
18
to
the
custody
of
the
director
of
the
department
of
corrections
19
for
an
indeterminate
term
not
to
exceed
ten
years
with
a
20
mandatory
minimum
term
of
confinement
of
seven
years.
21
(4)
A
class
“C”
felony
for
a
fourth
or
subsequent
offense,
22
with
commitment
to
the
custody
of
the
director
of
the
23
department
of
corrections
for
an
indeterminate
term
not
to
24
exceed
ten
years
with
a
mandatory
minimum
term
of
confinement
25
of
ten
years.
26
b.
The
court
shall
not
defer
judgment
or
sentencing,
27
or
suspend
execution
of
any
mandatory
minimum
sentence
of
28
incarceration
imposed
by
this
subsection.
29
c.
Earned
time
accrued
by
a
person
convicted
under
this
30
subsection
shall
not
be
applied
to
reduce
any
mandatory
minimum
31
sentence
imposed.
Earned
time
accrued
shall
be
credited
32
against
the
person’s
indeterminate
term
of
incarceration,
but
33
shall
not
reduce
any
mandatory
minimum
sentence
imposed.
34
EXPLANATION
35
-1-
LSB
1955HV
(2)
91
as/js
1/
2
H.F.
176
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
mandatory
minimum
sentences
relating
3
to
the
control,
possession,
receipt,
or
transportation
of
a
4
firearm
or
offensive
weapon
by
a
felon.
5
Current
law
provides
that
a
person
who
is
convicted
of
a
6
felony
in
a
state
or
federal
court,
or
who
is
adjudicated
7
delinquent
on
the
basis
of
conduct
that
would
constitute
a
8
felony
if
committed
by
an
adult,
and
who
knowingly
has
under
9
the
person’s
dominion
and
control
or
possession,
receives,
or
10
transports
or
causes
to
be
transported
a
firearm
or
offensive
11
weapon
is
guilty
of
a
class
“D”
felony.
12
The
bill
establishes
penalties
for
first,
second,
third,
and
13
fourth
and
subsequent
violations,
and
requires
commitment
to
14
the
custody
of
the
director
of
the
department
of
corrections
15
for
a
mandatory
minimum
term
of
incarceration.
The
bill
16
provides
the
following:
a
first
offense
is
a
class
“D”
felony
17
with
a
mandatory
minimum
term
of
confinement
of
two
years;
a
18
second
offense
is
a
class
“D”
felony
with
a
mandatory
minimum
19
term
of
confinement
of
four
years;
a
third
offense
is
a
class
20
“C”
felony
with
a
mandatory
minimum
term
of
confinement
of
21
seven
years;
and
a
fourth
or
subsequent
offense
is
a
class
22
“C”
felony
with
a
mandatory
minimum
term
of
confinement
of
23
10
years.
The
maximum
period
of
confinement
for
a
class
“D”
24
felony
is
five
years,
and
the
maximum
period
of
confinement
for
25
a
class
“C”
felony
is
ten
years.
26
The
bill
provides
that
the
court
shall
not
defer
judgment
27
or
sentencing,
or
suspend
execution
of
any
mandatory
minimum
28
sentence
of
incarceration.
29
The
bill
provides
that
earned
time
accrued
by
a
person
30
convicted
under
the
bill
is
not
applied
to
reduce
any
mandatory
31
minimum
sentence
imposed.
32
-2-
LSB
1955HV
(2)
91
as/js
2/
2