§ 801.5

801.5 Applicability to offenses committed before the effective date. 1. Except as provided in subsections 2 and 3 of this section, Title XVI* does not apply to offenses committed before January 1, 1978. Prosecutions for offenses committed before thatdate are governed by the prior law, which is continued in effect for that purpose, as if thistitle* were not in force. For purposes of this section, an offense is committed before said dateif 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,* whether specifically provided for herein or based upon the failure of said statutes to define anapplicable offense, shall apply; and b. Upon the request of the defendant and the approval of the court:(1) Procedural provisions of this title* 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* applicable to the offense and the offender. 3.

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* applicable to the offense and the offender. 3. Provisions of this title* 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 inno case be increased, nor shall the provisions of this title* affect the substantive or proceduralvalidity of any judgment of conviction entered before said date, regardless of the fact thatappeal time has not run or that an appeal is pending. [C79, 81, §801.5]*This provision does not include chapters 709A, 718A, 822, 904, 913, and 914, which were moved into Title XVI by the Code editor. Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters. Sat Dec 23 12:33:14 2023 Iowa Code 2024, Section 801.5 (17, 0)