Complete Bill History



House File 607       



                                    HOUSE FILE       
                                    BY  COMMITTEE ON JUDICIARY

                                    (SUCCESSOR TO HSB 44)

          (As Amended and Passed by the House March 28, 2011)

                                         A BILL FOR

     1 An Act establishing a parole procedure for certain persons
     2    serving a class "A" felony sentence, and including effective
     3    date provisions.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       HF 607 (4) 84
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PAG LIN



  1  1    Section 1.  Section 902.1, Code 2011, is amended to read as
  1  2 follows:
  1  3    902.1  Class "A" felony.
  1  4    1.  Upon a plea of guilty, a verdict of guilty, or a special
  1  5 verdict upon which a judgment of conviction of a class "A"
  1  6 felony may be rendered, the court shall enter a judgment of
  1  7 conviction and shall commit the defendant into the custody of
  1  8 the director of the Iowa department of corrections for the rest
  1  9 of the defendant's life. Nothing in the Iowa corrections code
  1 10 pertaining to deferred judgment, deferred sentence, suspended
  1 11 sentence, or reconsideration of sentence applies to a class "A"
  1 12 felony, and a person convicted of a class "A" felony shall not
  1 13 be released on parole unless the governor commutes the sentence
  1 14 to a term of years.
  1 15    2.  a.  Notwithstanding subsection 1, a person convicted of
  1 16 a class "A" felony, and who was under the age of eighteen at
  1 17 the time the offense was committed shall be eligible for parole
  1 18 after serving a minimum term of confinement between thirty and
  1 19 forty=five years. The court, at the time of sentencing, shall
  1 20 determine the specific term of confinement to be served between
  1 21 thirty and forty=five years before the person is eligible for
  1 22 parole.
  1 23    b.  If a person is paroled pursuant to this subsection the
  1 24 person shall be subject to the same set of procedures set out
  1 25 in chapters 901B, 905, 906, and chapter 908, and rules adopted
  1 26 under those chapters for persons on parole.
  1 27    c.  A person convicted of murder in the first degree in
  1 28 violation of section 707.2 shall not be eligible for parole
  1 29 pursuant to this subsection.
  1 30    d.  A person convicted of murder in the second degree in
  1 31 violation of section 707.3 and who was also convicted of either
  1 32 kidnapping in the first degree in violation of section 710.2 or
  1 33 sexual abuse in the first degree in violation of section 709.2,
  1 34 which conviction arose out of the same set of facts as the
  1 35 murder=in=the=second=degree conviction, shall not be eligible
  2  1 for parole pursuant to this subsection.
  2  2    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2  3 immediate importance, takes effect upon enactment.
       HF 607 (4) 84
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