House File 2191 - Introduced




                                 HOUSE FILE       
                                 BY  RIZER

                                      A BILL FOR

  1 An Act reclassifying felony offenses when a firearm is
  2    possessed, displayed, used, or attempted to be used during
  3    their commission, and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5391YH (4) 86
    jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  902.15  Felony offenses ==
  1  2 reclassification == firearms.
  1  3    1.  If the trier of fact finds beyond a reasonable doubt that
  1  4 a person committing a felony was in the immediate possession
  1  5 and control of a firearm, displayed a firearm in a threatening
  1  6 manner, or used or attempted to use a firearm, the felony shall
  1  7 be reclassified for the purpose of sentencing as follows:
  1  8    a.  A felony otherwise punishable under section 902.9,
  1  9 subsection 1, paragraph "a", shall be classified as a class "A"
  1 10 felony.
  1 11    b.  A class "B" felony otherwise classified as punishable by
  1 12 confinement for no more than fifty years shall be classified
  1 13 as a class "A" felony.
  1 14    c.  A class "B" felony otherwise punishable by confinement
  1 15 for no more than twenty=five years shall be classified as a
  1 16 class "B" felony punishable by confinement for no more than
  1 17 fifty years.
  1 18    d.  A class "C" felony shall be reclassified a class "B"
  1 19 felony punishable by confinement for no more than twenty=five
  1 20 years.
  1 21    e.  A class "D" felony shall be reclassified a class "C"
  1 22 felony.
  1 23    2.  This section does not apply to a class "A" felony.
  1 24                           EXPLANATION
  1 25 The inclusion of this explanation does not constitute agreement with
  1 26 the explanation's substance by the members of the general assembly.
  1 27    This bill reclassifies a felony when a firearm is possessed,
  1 28 displayed, used, or attempted to be used during its commission,
  1 29 and provides penalties.
  1 30    The bill provides that if the trier of fact finds beyond
  1 31 a reasonable doubt that during the commission of a felony
  1 32 a person was in the immediate possession and control of a
  1 33 firearm, displayed a firearm in a threatening manner, or
  1 34 used or attempted to use a firearm, the felony shall be
  1 35 reclassified.
  2  1 The bill reclassifies a felony as follows: a felony
  2  2 otherwise punishable under Code section 902.9(1)(a) shall be
  2  3 classified as a class "A" felony; a class "B" felony otherwise
  2  4 punishable by confinement for no more than 50 years shall be
  2  5 classified as a class "A" felony; a class "B" felony otherwise
  2  6 punishable by confinement for no more than 25 years shall be
  2  7 classified as a class "B" felony punishable by confinement for
  2  8 no more than 50 years; a class "C" felony shall be reclassified
  2  9 as a class "B" felony punishable by confinement for no more
  2 10 than 25 years; and a class "D" felony shall be reclassified as
  2 11 a class "C" felony.
  2 12    The bill applies to all felony offenses except class "A"
  2 13 felonies.
  2 14    The bill does not amend Code section 902.7, which provides
  2 15 that a person found guilty of participating in a forcible
  2 16 felony, shall serve a minimum of five years of the sentence
  2 17 imposed by law, if the trier of fact finds beyond a reasonable
  2 18 doubt that the person represented that the person was in
  2 19 the immediate possession and control of a dangerous weapon,
  2 20 displayed a dangerous weapon in a threatening manner, or was
  2 21 armed with a dangerous weapon while participating in the
  2 22 forcible felony.
       LSB 5391YH (4) 86
       jm/rj