Senate adopts tougher penalty for third felony and passes House File 2542

The Iowa Senate on May 2 adopted a strike-after amendment that toughens the state's habitual-offender law and then passed House File 2542.

Senator Buslow of Polk, speaking in support of the amendment (Senate amendment 52 52), said the change targets repeat felony offenders: "If someone gets that third strike ... that person would face a minimum of 7 years in prison," and the sentence "could not be deferred or suspended." He also said the amendment would require reporting of probation violations.

Senator Klemish of Winneshiek called up the bill. After debate, Buslow moved the adoption of the amendment; the chair called for a voice vote and "the ayes do have it," and the amendment was adopted.

With the amendment in place, Buslow moved final passage of House File 2542. The secretary conducted a roll-call vote; the secretary reported 39 ayes and 6 nays and declared the bill passed. The Senate ordered the bill immediately messaged to the House.

The amendment replaces the current habitual-offender mandatory minimum (reported in debate as three years, often eligible for suspension) with a seven-year mandatory minimum for a third felony and eliminates suspension or deferral for that sentence, according to floor remarks. The floor manager said the change is limited to a third felony and is intended to keep repeat violent offenders off the streets.

Next steps: The bill was messaged to the House for receipt and any further action there.