Read the full stored bill text
House
File
2155
-
Introduced
HOUSE
FILE
2155
BY
COLLINS
A
BILL
FOR
An
Act
relating
to
mandatory
minimum
sentences
for
certain
1
criminal
offenses,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2155
Section
1.
Section
902.7,
Code
2026,
is
amended
to
read
as
1
follows:
2
902.7
Minimum
sentence
——
use
of
a
dangerous
weapon.
3
At
the
trial
of
a
person
charged
with
participating
in
a
4
forcible
felony,
if
the
trier
of
fact
finds
beyond
a
reasonable
5
doubt
that
the
person
is
guilty
of
a
forcible
felony
and
that
6
the
person
represented
that
the
person
was
in
the
immediate
7
possession
and
control
of
a
dangerous
weapon,
displayed
a
8
dangerous
weapon
in
a
threatening
manner,
or
was
armed
with
a
9
dangerous
weapon
while
participating
in
the
forcible
felony
the
10
convicted
person
shall
serve
a
minimum
of
five
years
one-half
11
of
the
sentence
imposed
by
law.
A
person
sentenced
pursuant
to
12
this
section
shall
not
be
eligible
for
parole
until
the
person
13
has
served
the
minimum
sentence
of
confinement
imposed
by
this
14
section
.
15
Sec.
2.
Section
902.8,
Code
2026,
is
amended
to
read
as
16
follows:
17
902.8
Minimum
sentence
——
habitual
offender.
18
An
A
habitual
offender
is
any
person
convicted
of
a
class
19
“C”
or
a
class
“D”
felony,
who
has
twice
before
been
convicted
20
of
any
felony
in
a
court
of
this
or
any
other
state,
or
of
the
21
United
States.
An
offense
is
a
felony
if,
by
the
law
under
22
which
the
person
is
convicted,
it
is
so
classified
at
the
23
time
of
the
person’s
conviction.
A
person
sentenced
as
an
a
24
habitual
offender
shall
not
be
eligible
for
parole
until
the
25
person
has
served
the
a
minimum
sentence
of
confinement
of
26
three
years
one-half
of
the
sentence
imposed
by
law
.
27
Sec.
3.
Section
902.8A,
Code
2026,
is
amended
to
read
as
28
follows:
29
902.8A
Minimum
sentence
for
conspiring
to
manufacture
30
amphetamine
or
methamphetamine
for
delivery
,
or
delivery
of
,
31
amphetamine
or
methamphetamine
,
to
a
minor.
32
A
person
who
has
been
convicted
for
a
first
violation
under
33
section
124.401D
shall
not
be
eligible
for
parole
until
the
34
person
has
served
a
minimum
term
of
confinement
of
ten
years
of
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one-half
of
the
sentence
imposed
by
law
.
1
Sec.
4.
Section
902.12,
subsection
2,
Code
2026,
is
amended
2
to
read
as
follows:
3
2.
A
person
serving
a
sentence
for
a
conviction
of
child
4
endangerment
as
defined
in
section
726.6,
subsection
1
,
5
paragraph
“b”
,
that
is
described
and
punishable
under
section
6
726.6,
subsection
5
,
shall
be
denied
parole
or
work
release
7
until
the
person
has
served
between
three-tenths
one-half
and
8
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
9
determined
under
section
901.11,
subsection
2
.
10
Sec.
5.
Section
902.13,
subsection
1,
Code
2026,
is
amended
11
to
read
as
follows:
12
1.
A
person
who
has
been
convicted
of
a
third
or
subsequent
13
offense
of
domestic
abuse
assault
under
section
708.2A,
14
subsection
4
,
shall
be
denied
parole
or
work
release
until
the
15
person
has
served
between
one-fifth
one-half
of
the
maximum
16
term
and
the
maximum
term
of
the
person’s
sentence
as
provided
17
in
subsection
2
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
mandatory
minimum
sentences
for
certain
22
criminal
offenses.
23
The
bill
provides
that
a
person
found
guilty
of
a
forcible
24
felony
who
was
in
the
immediate
possession
and
control
25
of
a
dangerous
weapon,
displayed
a
dangerous
weapon
in
a
26
threatening
manner,
or
was
armed
with
a
dangerous
weapon
while
27
participating
in
the
forcible
felony
shall
serve
a
minimum
of
28
one-half
of
the
sentence
imposed
by
law.
Current
law
requires
29
the
person
to
serve
five
years
prior
to
eligibility
for
parole.
30
The
bill
provides
that
a
person
sentenced
as
a
habitual
31
offender
shall
not
be
eligible
for
parole
until
the
person
has
32
served
a
minimum
of
one-half
of
the
sentence
imposed
by
law.
33
Code
section
902.8
defines
a
habitual
offender
as
any
person
34
convicted
of
a
class
“C”
or
a
class
“D”
felony,
who
has
twice
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before
been
convicted
of
any
felony
in
a
court
of
this
or
any
1
other
state,
or
of
the
United
States.
2
The
bill
provides
that
a
person
who
has
been
convicted
of
3
a
first
violation
of
conspiring
to
manufacture
amphetamine
4
or
methamphetamine
for
delivery,
or
delivery
of
amphetamine
5
or
methamphetamine,
to
a
minor
under
Code
section
124.401D
6
shall
not
be
eligible
for
parole
until
the
person
has
served
a
7
minimum
of
one-half
of
the
sentence
imposed
by
law
rather
than
8
a
minimum
of
10
years
as
provided
by
current
law.
9
The
bill
provides
that
a
person
serving
a
sentence
for
a
10
conviction
of
child
endangerment
as
defined
in
Code
section
11
726.6(1)(b),
that
is
described
and
punishable
under
Code
12
section
726.6(5),
shall
be
denied
parole
or
work
release
until
13
the
person
has
served
between
one-half
and
seven-tenths
of
the
14
maximum
term
of
the
person’s
sentence.
Current
law
requires
15
the
person
to
serve
between
three-tenths
and
seven-tenths
of
16
the
maximum
term.
17
The
bill
provides
that
a
person
who
has
been
convicted
of
18
a
third
or
subsequent
offense
of
domestic
abuse
assault
shall
19
be
denied
parole
or
work
release
until
the
person
has
served
20
between
one-half
of
the
maximum
term
and
the
maximum
term
of
21
the
person’s
sentence.
Current
law
requires
the
person
to
22
serve
between
one-fifth
of
the
maximum
term
and
the
maximum
23
term
of
the
person’s
sentence.
24
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