S-3093

   Amend Senate File 589 as follows:
   1.  By striking page 1, line 34, through page 2, line 4, and inserting <has proven all of the following:
   a.  More than eight years have passed since the date of the conviction.
   b.  The defendant has no pending criminal charges.
   c.  The defendant has not previously been granted two deferred judgments.
   d.  The defendant has paid all court costs, fees, fines, restitution, and any other financial obligations ordered by the court or assessed by the clerk of the district court.>
   2.  Page 3, by striking lines 5 through 12.
   3.  Page 4, line 1, after <ROBBERY> by inserting <—— AGGRAVATED THEFT>
   4.  Page 4, after line 7 by inserting: 
   <Sec. ___.  NEW SECTION.  711.3B  Aggravated theft.
   1.  A person commits aggravated theft when the person commits an assault as defined in section 708.1, subsection 2, paragraph “a”, that is punishable as a simple misdemeanor under section 708.2, subsection 6, after the person has removed or attempted to remove property not exceeding three hundred dollars in value which has not been purchased from a store or mercantile establishment, or has concealed such property of the store or mercantile establishment, either on the premises or outside the premises of the store or mercantile establishment.
   2.  a.  A person who commits aggravated theft is guilty of an aggravated misdemeanor.
   b.  A person who commits aggravated theft, and who has previously been convicted of an aggravated theft, robbery in the first degree in violation of section 711.2, robbery in the second degree in violation of section 711.3, or extortion in violation of section 711.4, is guilty of a class “D” felony.
   3.  In determining if a violation is a class “D” felony offense the following shall apply:
   a.  A deferred judgment entered pursuant to section 907.3 for a violation of any offense specified in subsection 2 shall be counted as a previous offense.
   b.  A conviction or the equivalent of a deferred judgment for a violation in any other states under statutes substantially corresponding to an offense specified in subsection 2 shall be counted as a previous offense. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses specified in this section and can therefore be considered corresponding statutes.
   4.  Aggravated theft is not an included offense of robbery in the first or second degree.
   Sec. ___.  Section 808.12, subsections 1 and 3, Code 2019, are amended to read as follows:
   1.  Persons concealing property as set forth in section 714.3A 711.3B or 714.5, may be detained and searched by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee, provided that the detention is for a reasonable length of time and that the search is conducted in a reasonable manner by a person of the same sex and according to subsection 2 of this section.
   3.  The detention or search under this section by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee does not render the person liable, in a criminal or civil action, for false arrest or false imprisonment provided the person conducting the search or detention had reasonable grounds to believe the person detained or searched had concealed or was attempting to conceal property as set forth in section 714.3A 711.3B or 714.5.>
   5.  Page 4, by striking line 31 and inserting: 
   <Sec. ___.  REPEAL.  Sections 711.3A, 711.5, and 714.3A, Code 2019, are repealed.>
   6.  Page 6, by striking lines 5 through 15.
   7.  Page 10, by striking line 1 and inserting <FRAUD AND FORGERY REVISIONS>
   8.  Page 10, by striking lines 2 through 19.
   9.  Page 12, by striking line 8 and inserting <or motion, in any Iowa court. The court>
   10.  Page 13, by striking lines 19 through 24 and inserting: 
   <Sec. ___.  Section 822.3, Code 2019, is amended to read as follows:
   822.3  How to commence proceeding —— limitation.
   A proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in which the conviction or sentence took place. However, if the applicant is seeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be filed with the clerk of the district court of the county in which the applicant is being confined within ninety days from the date the disciplinary decision is final. All other applications must be filed within three years from the date the conviction or decision is final or, in the event of an appeal, from the date the writ of procedendo is issued. However, this limitation does not apply to a ground of fact or law that could not have been raised within the applicable time period.  An allegation of ineffective assistance of counsel in a prior case under this chapter shall not toll or extend the limitation periods in this section nor shall such claim relate back to a prior filing to avoid the application of the limitation periods. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The supreme court may prescribe the form of the application and verification. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the county attorney and the attorney general.>
   11.  Page 13, lines 30 and 31, by striking <district or appellate court. The district or appellate> and inserting <court. The>
   12.  By striking page 16, line 25, through page 18, line 21.
   13.  By renumbering, redesignating, and correcting internal references as necessary.

______________________________
DAN DAWSON