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Current as of January 01, 2024 | Updated by FindLaw Staff
1. Except as provided in subsections 2 and 3 of this section, Title XVI 1 does not apply to offenses committed before January 1, 1978. Prosecutions for offenses committed before that date are governed by the prior law, which is continued in effect for that purpose, as if this title 1 were not in force. For purposes of this section, an offense is committed before said date if any of the elements of the offense occurred before that date.
2. In any case pending on or commenced after said date, involving an offense committed before that date:
a. Upon the request of the defendant a defense or mitigation under this title, 1 whether specifically provided for herein or based upon the failure of said statutes to define an applicable offense, shall apply; and
b. Upon the request of the defendant and the approval of the court:
(1) Procedural provisions of this title 1 shall apply insofar as they are justly applicable; and
(2) The court may impose a sentence or suspended imposition of a sentence under the provisions of this title 1 applicable to the offense and the offender.
3. Provisions of this title 1 governing the release or discharge of prisoners, probationers, and parolees shall apply to persons under sentence for offenses committed before January 1, 1978, except that the minimum or maximum period of their detention or supervision shall in no case be increased, nor shall the provisions of this title 1 affect the substantive or procedural validity of any judgment of conviction entered before said date, regardless of the fact that appeal time has not run or that an appeal is pending.
Cite this article: FindLaw.com - Iowa Code Title XVI. Criminal Law and Procedure [Chs. 687-916] § 801.5. Applicability to offenses committed before the effective date - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xvi-criminal-law-and-procedure-chs-687-916/ia-code-sect-801-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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