Senate Study Bill 1072 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the practices and procedures of the 1 department of public safety including the state fire service 2 and emergency response council, the state building code 3 commissioner, fingerprint records, disposition records, 4 the sex offender registry, and access to deferred judgment 5 docket records. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1288DP (8) 84 jm/nh

S.F. _____ H.F. _____ Section 1. Section 100B.1, subsection 1, paragraph a, 1 subparagraph (1), subparagraph division (c), Code 2011, is 2 amended to read as follows: 3 (c) One member Two members from a list submitted by the Iowa 4 association of professional fire fighters. 5 Sec. 2. Section 100B.1, subsection 1, paragraph a, 6 subparagraph (1), subparagraph division (e), Code 2011, is 7 amended by striking the subparagraph division. 8 Sec. 3. Section 104B.1, subsection 4, Code 2011, is amended 9 by striking the subsection. 10 Sec. 4. Section 690.2, Code 2011, is amended to read as 11 follows: 12 690.2 Finger and palm prints —— photographs —— duty of 13 sheriff and chief of police. 14 The sheriff of every county, and the chief of police of 15 each city regardless of the form of government thereof, shall 16 take the fingerprints of all unidentified dead bodies in their 17 respective jurisdictions and all persons who are taken into 18 custody for the commission of a serious misdemeanor, aggravated 19 misdemeanor, or felony and shall forward such fingerprint 20 records on such forms and in such manner as may be prescribed 21 by the commissioner of public safety, within two working days 22 after the fingerprint records are taken, to the department of 23 public safety and, if appropriate, to the federal bureau of 24 investigation . Fingerprints may be taken of a person who has 25 been arrested for a simple misdemeanor subject to an enhanced 26 penalty for conviction of a second or subsequent offense. In 27 addition to the fingerprints as herein provided, any such 28 officer may also take the photograph and palm prints of any 29 such person and forward them to the department of public 30 safety. If a defendant is convicted by a court of this state of 31 an offense which is a simple misdemeanor subject to an enhanced 32 penalty for conviction of a second or subsequent offense, a 33 serious misdemeanor, an aggravated misdemeanor, or a felony, 34 the court shall determine whether such defendant has previously 35 -1- LSB 1288DP (8) 84 jm/nh 1/ 5

S.F. _____ H.F. _____ been fingerprinted in connection with the criminal proceedings 1 leading to the conviction and, if not, shall order that the 2 defendant be fingerprinted and those prints submitted to the 3 department of public safety. The court shall also order that 4 a juvenile adjudicated delinquent for an offense which would 5 be an offense other than a simple misdemeanor if committed by 6 an adult, be fingerprinted and the prints submitted to the 7 department of public safety if the juvenile has not previously 8 been fingerprinted. The taking of fingerprints for a serious 9 misdemeanor offense under chapter 321 or 321A is not required 10 under this section . 11 Sec. 5. Section 690.4, Code 2011, is amended to read as 12 follows: 13 690.4 Fingerprints and photographs at institutions. 14 1. The warden of the Iowa medical and classification center 15 and superintendent of the state training school shall take or 16 procure the taking of the fingerprints, and, in the case of 17 the Iowa medical and classification center only, Bertillon 18 photographs of any person received on commitment to their 19 respective institutions, and shall forward such fingerprint 20 records and photographs within ten days after they are taken 21 to the department of public safety and to the federal bureau 22 of investigation . Information obtained from fingerprint cards 23 submitted pursuant to this section may be retained by the 24 department of public safety as criminal history records. If 25 a charge for a serious misdemeanor, aggravated misdemeanor, 26 or felony is brought against a person already in the custody 27 of a law enforcement or correctional agency and the charge is 28 filed in a case separate from the case for which the person 29 was previously arrested or confined, the agency shall take the 30 fingerprints of the person in connection with the new case and 31 submit them to the department of public safety. 32 2. The wardens and superintendents of all department 33 of corrections facilities shall procure the taking of a 34 photograph showing the facial features of each inmate of a 35 -2- LSB 1288DP (8) 84 jm/nh 2/ 5

S.F. _____ H.F. _____ state correctional institution prior to the inmate’s discharge. 1 The photograph shall be placed in the inmate’s file and shall 2 be made available to the Iowa department of public safety upon 3 request. 4 Sec. 6. Section 692.15, subsection 6, Code 2011, is amended 5 to read as follows: 6 6. Any disposition report shall be sent to the department 7 within thirty days after disposition either electronically or 8 on a printed form provided by the department. 9 Sec. 7. Section 692A.102, subsection 1, paragraph a, 10 subparagraph (6), subparagraph division (b), Code 2011, is 11 amended to read as follows: 12 (b) Stalking in violation of section 708.11 , except a 13 violation of subsection 3 , paragraph “b” , subparagraph (3) , if 14 a determination is made that the offense was sexually motivated 15 pursuant to section 692A.126 , except a violation of section 16 708.11, subsection 3, paragraph “b” , subparagraph (3), shall be 17 classified a tier II offense as provided in paragraph “b” . 18 Sec. 8. Section 692A.126, subsection 1, paragraph g, Code 19 2011, is amended to read as follows: 20 g. Stalking in violation of section 708.11 , subsection 3, 21 paragraph “b” , subparagraph (3) . 22 Sec. 9. Section 907.4, Code 2011, is amended to read as 23 follows: 24 907.4 Deferred judgment docket. 25 A deferment of judgment under section 907.3 shall be entered 26 promptly by the clerk of the district court, or the clerk’s 27 designee, into the deferred judgment database of the state, 28 which shall serve as the deferred judgment docket. The docket 29 shall contain a permanent record of the deferred judgment 30 including the name and date of birth of the defendant, the 31 district court docket number, the nature of the offense, and 32 the date of the deferred judgment. Before granting deferred 33 judgment in any case, the court shall search the deferred 34 judgment docket and shall consider any prior record of a 35 -3- LSB 1288DP (8) 84 jm/nh 3/ 5

S.F. _____ H.F. _____ deferred judgment against the defendant. The permanent record 1 provided for in this section is a confidential record exempted 2 from public access under section 22.7 and shall be available 3 only to justices of the supreme court, judges of the court of 4 appeals, district judges, district associate judges, judicial 5 magistrates, clerks of the district court, judicial district 6 departments of correctional services, county attorneys, the 7 department of public safety, and the department of corrections 8 requesting information pursuant to this section , or the 9 designee of a justice, judge, magistrate, clerk, judicial 10 district department of correctional services, or county 11 attorney, or department. 12 EXPLANATION 13 This bill relates to the practices and procedures of the 14 department of public safety. 15 The bill changes the membership on the state fire service 16 and emergency response council. The bill strikes the member 17 on the council from the Iowa fire fighters group and adds an 18 additional member to the council from the Iowa association of 19 professional fire fighters. 20 The bill eliminates the authority of the state building 21 code commissioner to adopt rules to enforce Code chapter 104B 22 (minimum plumbing facilities). The plumbing and mechanical 23 systems board’s authority to establish rules relating to 24 plumbing is not affected by the bill. 25 The bill eliminates the requirement that a local law 26 enforcement agency, the department of corrections, the warden 27 of the Iowa medical and classification center, and the state 28 training school to send fingerprints, and in some cases 29 photographs, to the federal bureau of investigation (FBI). 30 The bill does not eliminate the requirement of such entities 31 to send fingerprints, palm prints, and photographs to the 32 department of public safety. 33 The bill specifies that the courts may send the disposition 34 records of criminal cases to the department of public safety 35 -4- LSB 1288DP (8) 84 jm/nh 4/ 5

S.F. _____ H.F. _____ in an electronic format. Current law requires the disposition 1 records of criminal cases to be sent by the courts to the 2 department of public safety on a form prescribed by the 3 department. 4 The bill specifies that all persons who commit stalking 5 in violation of Code section 708.11 shall register as a sex 6 offender under Code chapter 692A, if the finder of fact (judge 7 or jury) determines the offense was sexually motivated. 8 The bill permits the department of public safety to have 9 access to the deferred judgment docket. Current law allows 10 judges and other state agencies access to the deferred judgment 11 docket. A deferred judgment is a sentencing option where both 12 the adjudication of guilt and the imposition of a sentence are 13 deferred by the court. 14 -5- LSB 1288DP (8) 84 jm/nh 5/ 5