House File 55 - Introduced HOUSE FILE 55 BY RINKER 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 1955YH (6) 91 as/js
H.F. 55 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 persons 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 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill relates to mandatory minimum sentences relating 33 to the control, possession, receipt, or transportation of a 34 firearm or offensive weapon by a felon. 35 -1- LSB 1955YH (6) 91 as/js 1/ 2
H.F. 55 Current law provides that a person who is convicted of a 1 felony in a state or federal court, or who is adjudicated 2 delinquent on the basis of conduct that would constitute a 3 felony if committed by an adult, and who knowingly has under 4 the persons dominion and control or possession, receives, or 5 transports or causes to be transported a firearm or offensive 6 weapon is guilty of a class D felony. 7 The bill establishes penalties for first, second, third, and 8 fourth and subsequent violations, and requires commitment to 9 the custody of the director of the department of corrections 10 for a mandatory minimum term of incarceration. The bill 11 provides the following: a first offense is a class D felony 12 with a mandatory minimum term of confinement of two years; a 13 second offense is a class D felony with a mandatory minimum 14 term of confinement of four years; a third offense is a class 15 C felony with a mandatory minimum term of confinement of 16 seven years; and a fourth or subsequent offense is a class 17 C felony with a mandatory minimum term of confinement of 18 10 years. The maximum period of confinement for a class D 19 felony is five years, and the maximum period of confinement for 20 a class C felony is ten years. 21 The bill provides that the court shall not defer judgment 22 or sentencing, or suspend execution of any mandatory minimum 23 sentence of incarceration. 24 -2- LSB 1955YH (6) 91 as/js 2/ 2