Senate File 589 S-3093 Amend Senate File 589 as follows: 1 1. By striking page 1, line 34, through page 2, line 4, and 2 inserting < has proven all of the following: 3 a. More than eight years have passed since the date of the 4 conviction. 5 b. The defendant has no pending criminal charges. 6 c. The defendant has not previously been granted two 7 deferred judgments. 8 d. The defendant has paid all court costs, fees, fines, 9 restitution, and any other financial obligations ordered by the 10 court or assessed by the clerk of the district court. > 11 2. Page 3, by striking lines 5 through 12. 12 3. Page 4, line 1, after < ROBBERY > by inserting < —— 13 AGGRAVATED THEFT > 14 4. Page 4, after line 7 by inserting: 15 < Sec. ___. NEW SECTION . 711.3B Aggravated theft. 16 1. A person commits aggravated theft when the person commits 17 an assault as defined in section 708.1, subsection 2, paragraph 18 “a” , that is punishable as a simple misdemeanor under section 19 708.2, subsection 6, after the person has removed or attempted 20 to remove property not exceeding three hundred dollars in 21 value which has not been purchased from a store or mercantile 22 establishment, or has concealed such property of the store or 23 mercantile establishment, either on the premises or outside the 24 premises of the store or mercantile establishment. 25 2. a. A person who commits aggravated theft is guilty of an 26 aggravated misdemeanor. 27 b. A person who commits aggravated theft, and who has 28 previously been convicted of an aggravated theft, robbery in 29 the first degree in violation of section 711.2, robbery in the 30 second degree in violation of section 711.3, or extortion in 31 violation of section 711.4, is guilty of a class “D” felony. 32 3. In determining if a violation is a class “D” felony 33 offense the following shall apply: 34 a. A deferred judgment entered pursuant to section 907.3 for 35 -1- SF589.1285 (2) 88 as/rh 1/ 4 #1. #2. #3. #4.

a violation of any offense specified in subsection 2 shall be 1 counted as a previous offense. 2 b. A conviction or the equivalent of a deferred judgment for 3 a violation in any other states under statutes substantially 4 corresponding to an offense specified in subsection 2 shall be 5 counted as a previous offense. The courts shall judicially 6 notice the statutes of other states which define offenses 7 substantially equivalent to the offenses specified in this 8 section and can therefore be considered corresponding statutes. 9 4. Aggravated theft is not an included offense of robbery 10 in the first or second degree. 11 Sec. ___. Section 808.12, subsections 1 and 3, Code 2019, 12 are amended to read as follows: 13 1. Persons concealing property as set forth in section 14 714.3A 711.3B or 714.5 , may be detained and searched by a peace 15 officer, person employed in a facility containing library 16 materials, merchant, or merchant’s employee, provided that 17 the detention is for a reasonable length of time and that the 18 search is conducted in a reasonable manner by a person of the 19 same sex and according to subsection 2 of this section . 20 3. The detention or search under this section by a peace 21 officer, person employed in a facility containing library 22 materials, merchant, or merchant’s employee does not render the 23 person liable, in a criminal or civil action, for false arrest 24 or false imprisonment provided the person conducting the search 25 or detention had reasonable grounds to believe the person 26 detained or searched had concealed or was attempting to conceal 27 property as set forth in section 714.3A 711.3B or 714.5 . > 28 5. Page 4, by striking line 31 and inserting: 29 < Sec. ___. REPEAL. Sections 711.3A, 711.5, and 714.3A, Code 30 2019, are repealed. > 31 6. Page 6, by striking lines 5 through 15. 32 7. Page 10, by striking line 1 and inserting < FRAUD AND 33 FORGERY REVISIONS > 34 8. Page 10, by striking lines 2 through 19. 35 -2- SF589.1285 (2) 88 as/rh 2/ 4 #5. #6. #7.

9. Page 12, by striking line 8 and inserting < or motion, in 1 any Iowa court. The court > 2 10. Page 13, by striking lines 19 through 24 and inserting: 3 < Sec. ___. Section 822.3, Code 2019, is amended to read as 4 follows: 5 822.3 How to commence proceeding —— limitation. 6 A proceeding is commenced by filing an application verified 7 by the applicant with the clerk of the district court in 8 which the conviction or sentence took place. However, if the 9 applicant is seeking relief under section 822.2, subsection 1 , 10 paragraph “f” , the application shall be filed with the clerk 11 of the district court of the county in which the applicant 12 is being confined within ninety days from the date the 13 disciplinary decision is final. All other applications must 14 be filed within three years from the date the conviction or 15 decision is final or, in the event of an appeal, from the date 16 the writ of procedendo is issued. However, this limitation 17 does not apply to a ground of fact or law that could not have 18 been raised within the applicable time period. An allegation 19 of ineffective assistance of counsel in a prior case under this 20 chapter shall not toll or extend the limitation periods in this 21 section nor shall such claim relate back to a prior filing to 22 avoid the application of the limitation periods. Facts within 23 the personal knowledge of the applicant and the authenticity 24 of all documents and exhibits included in or attached to the 25 application must be sworn to affirmatively as true and correct. 26 The supreme court may prescribe the form of the application and 27 verification. The clerk shall docket the application upon its 28 receipt and promptly bring it to the attention of the court 29 and deliver a copy to the county attorney and the attorney 30 general. > 31 11. Page 13, lines 30 and 31, by striking < district or 32 appellate court. The district or appellate > and inserting 33 < court. The > 34 12. By striking page 16, line 25, through page 18, line 21. 35 -3- SF589.1285 (2) 88 as/rh 3/ 4 #9. #10. #11.