Senate
File
589
-
Introduced
SENATE
FILE
589
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
405)
A
BILL
FOR
An
Act
relating
to
criminal
law
and
procedure
including
certain
1
related
administrative
proceedings,
providing
penalties,
and
2
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
EXPUNGEMENTS
2
Section
1.
Section
123.46,
subsection
6,
Code
2019,
is
3
amended
to
read
as
follows:
4
6.
Upon
the
expiration
of
two
years
following
conviction
5
for
a
violation
of
this
section
and
a
violation
or
of
a
6
similar
local
ordinance
that
arose
from
the
same
transaction
7
or
occurrence
,
a
person
may
petition
the
court
to
expunge
the
8
conviction
including
the
conviction
for
a
violation
of
a
local
9
ordinance
that
arose
from
the
same
transaction
or
occurrence
,
10
and
if
the
person
has
had
no
other
criminal
convictions,
other
11
than
local
traffic
violations
or
simple
misdemeanor
violations
12
of
chapter
321
during
the
two-year
period,
the
conviction
and
13
the
conviction
for
a
violation
of
a
local
ordinance
that
arose
14
from
the
same
transaction
or
occurrence
shall
be
expunged
as
15
a
matter
of
law.
The
court
shall
enter
an
order
that
the
16
record
of
the
conviction
and
the
conviction
for
a
violation
17
of
a
local
ordinance
that
arose
from
the
same
transaction
or
18
occurrence
be
expunged
by
the
clerk
of
the
district
court.
19
Notwithstanding
section
692.2
,
after
receipt
of
notice
from
the
20
clerk
of
the
district
court
that
a
record
of
conviction
and
21
the
conviction
for
a
violation
of
a
local
ordinance
that
arose
22
from
the
same
transaction
or
occurrence
has
been
expunged,
23
the
record
of
conviction
and
the
conviction
for
a
violation
24
of
a
local
ordinance
that
arose
from
the
same
transaction
or
25
occurrence
shall
be
removed
from
the
criminal
history
data
26
files
maintained
by
the
department
of
public
safety
if
such
a
27
record
was
maintained
in
the
criminal
history
data
files.
28
Sec.
2.
NEW
SECTION
.
901C.3
Misdemeanor
——
expungement.
29
1.
Upon
application
of
a
defendant
convicted
of
a
30
misdemeanor
offense
in
the
county
where
the
conviction
31
occurred,
the
court
shall
enter
an
order
expunging
the
record
32
of
such
a
criminal
case,
as
a
matter
of
law,
if
the
defendant
33
has
established
that
more
than
eight
years
have
passed
since
34
the
date
of
the
conviction,
the
defendant
has
no
pending
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criminal
charges,
and
all
court
costs,
fees,
fines,
and
1
restitution
and
other
financial
obligations
ordered
by
the
2
court
or
assessed
by
the
clerk
of
the
district
court
have
been
3
paid.
4
2.
The
following
misdemeanors
shall
not
be
expunged:
5
a.
A
conviction
under
section
123.46.
6
b.
A
simple
misdemeanor
conviction
under
section
123.47,
7
subsection
3,
or
similar
local
ordinance.
8
c.
A
conviction
for
dependent
adult
abuse
under
section
9
235B.20.
10
d.
A
conviction
under
section
321.218,
321A.32,
or
321J.21.
11
e.
A
conviction
under
section
321J.2.
12
f.
A
conviction
for
a
sex
offense
as
defined
in
section
13
692A.101.
14
g.
A
conviction
for
involuntary
manslaughter
under
section
15
707.5.
16
h.
A
conviction
for
assault
under
section
708.2,
subsection
17
3.
18
i.
A
conviction
under
section
708.2A.
19
j.
A
conviction
for
harassment
under
section
708.7.
20
k.
A
conviction
for
stalking
under
section
708.11.
21
l.
A
conviction
for
removal
of
an
officer’s
communication
or
22
control
device
under
section
708.12.
23
m.
A
conviction
for
trespass
under
section
716.8,
subsection
24
3
or
4.
25
n.
A
conviction
under
chapter
717C.
26
o.
A
conviction
under
chapter
719.
27
p.
A
conviction
under
chapter
720.
28
q.
A
conviction
under
section
721.2.
29
r.
A
conviction
under
section
721.10.
30
s.
A
conviction
under
section
723.1.
31
t.
A
conviction
under
chapter
724.
32
u.
A
conviction
under
chapter
726.
33
v.
A
conviction
under
chapter
728.
34
w.
A
conviction
under
chapter
901A.
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x.
A
conviction
for
a
comparable
offense
listed
in
49
C.F.R.
1
§383.51(b)
(table
1)
or
49
C.F.R.
§383.51(e)
(table
4).
2
y.
A
conviction
under
prior
law
of
an
offense
comparable
to
3
an
offense
enumerated
in
this
subsection.
4
z.
The
defendant
is
the
subject
of
a
protective
order
or
a
5
no-contact
order.
6
aa.
The
defendant
has
been
subsequently
convicted
of
or
7
granted
a
deferred
judgment
for
any
criminal
offense,
other
8
than
a
simple
misdemeanor
conviction
under
chapter
321
or
of
a
9
similar
local
ordinance.
10
ab.
The
defendant
has
previously
been
granted
two
deferred
11
judgments.
12
3.
A
person
shall
be
granted
an
expungement
of
a
record
13
under
this
section
one
time
in
the
person’s
lifetime.
14
However,
the
one
application
may
request
the
expungement
of
15
records
relating
to
more
than
one
misdemeanor
offense
if
16
the
misdemeanor
offenses
arose
from
the
same
transaction
or
17
occurrence,
and
the
application
contains
the
misdemeanor
18
offenses
to
be
expunged.
19
4.
The
expunged
record
under
this
section
is
a
confidential
20
record
exempt
from
public
access
under
section
22.7
but
shall
21
be
made
available
by
the
clerk
of
the
district
court
upon
court
22
order.
23
5.
Notwithstanding
section
692.2,
after
receipt
of
24
notice
from
the
clerk
of
the
district
court
that
a
record
of
25
conviction
has
been
expunged
under
subsection
1,
the
record
26
of
conviction
shall
be
removed
from
the
criminal
history
data
27
files
maintained
by
the
department
of
public
safety
if
such
a
28
record
was
maintained
in
the
criminal
history
data
files.
29
6.
The
supreme
court
may
prescribe
rules
governing
the
30
procedures
applicable
to
the
expungement
of
a
criminal
case
31
under
this
section.
32
7.
This
section
applies
to
a
misdemeanor
conviction
that
33
occurred
prior
to,
on,
or
after
July
1,
2019.
34
DIVISION
II
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ROBBERY
1
Sec.
3.
Section
711.3,
Code
2019,
is
amended
to
read
as
2
follows:
3
711.3
Robbery
in
the
second
degree.
4
All
robbery
which
is
not
robbery
in
the
first
degree
is
5
robbery
in
the
second
degree
,
except
as
provided
in
section
6
711.3A
.
Robbery
in
the
second
degree
is
a
class
“C”
felony.
7
Sec.
4.
Section
901.11,
Code
2019,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
2A.
At
the
time
of
sentencing,
the
court
10
shall
determine
when
a
person
convicted
of
robbery
in
the
first
11
degree
as
described
in
section
902.12,
subsection
2A,
shall
12
first
become
eligible
for
parole
or
work
release
within
the
13
parameters
specified
in
section
902.12,
subsection
2A,
based
14
upon
all
pertinent
information
including
the
person’s
criminal
15
record,
a
validated
risk
assessment,
and
the
negative
impact
16
the
offense
has
had
on
the
victim
or
other
persons.
17
Sec.
5.
Section
902.12,
subsection
1,
paragraph
e,
Code
18
2019,
is
amended
to
read
as
follows:
19
e.
Robbery
in
the
first
or
second
degree
in
violation
of
20
section
711.2
or
711.3
,
except
as
determined
in
subsection
3
.
21
Sec.
6.
Section
902.12,
Code
2019,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
2A.
A
person
serving
a
sentence
for
a
24
conviction
for
robbery
in
the
first
degree
in
violation
of
25
section
711.2
for
a
conviction
that
occurs
on
or
after
July
1,
26
2018,
shall
be
denied
parole
or
work
release
until
the
person
27
has
served
between
one-half
and
seven-tenths
of
the
maximum
28
term
of
the
person’s
sentence
as
determined
under
section
29
901.11,
subsection
2A.
30
Sec.
7.
REPEAL.
Section
711.3A,
Code
2019,
is
repealed.
31
DIVISION
III
32
PROPERTY
CRIMES
——
VALUE
33
Sec.
8.
Section
712.3,
Code
2019,
is
amended
to
read
as
34
follows:
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712.3
Arson
in
the
second
degree.
1
Arson
which
is
not
arson
in
the
first
degree
is
arson
in
the
2
second
degree
when
the
property
which
is
the
subject
of
the
3
arson
is
a
building
or
a
structure,
or
real
property
of
any
4
kind,
or
standing
crops,
or
is
personal
property
the
value
of
5
which
exceeds
five
seven
hundred
fifty
dollars.
Arson
in
the
6
second
degree
is
a
class
“C”
felony.
7
Sec.
9.
Section
714.2,
Code
2019,
is
amended
to
read
as
8
follows:
9
714.2
Degrees
of
theft.
10
1.
The
theft
of
property
exceeding
ten
thousand
dollars
in
11
value,
or
the
theft
of
property
from
the
person
of
another,
or
12
from
a
building
which
has
been
destroyed
or
left
unoccupied
13
because
of
physical
disaster,
riot,
bombing,
or
the
proximity
14
of
battle,
or
the
theft
of
property
which
has
been
removed
from
15
a
building
because
of
a
physical
disaster,
riot,
bombing,
or
16
the
proximity
of
battle,
is
theft
in
the
first
degree.
Theft
17
in
the
first
degree
is
a
class
“C”
felony.
18
2.
The
theft
of
property
exceeding
one
thousand
five
19
hundred
dollars
but
not
exceeding
ten
thousand
dollars
in
value
20
or
theft
of
a
motor
vehicle
as
defined
in
chapter
321
not
21
exceeding
ten
thousand
dollars
in
value,
is
theft
in
the
second
22
degree.
Theft
in
the
second
degree
is
a
class
“D”
felony.
23
However,
for
purposes
of
this
subsection
,
“motor
vehicle”
does
24
not
include
a
motorized
bicycle
as
defined
in
section
321.1,
25
subsection
40
,
paragraph
“b”
.
26
3.
The
theft
of
property
exceeding
five
seven
hundred
fifty
27
dollars
but
not
exceeding
one
thousand
five
hundred
dollars
in
28
value,
or
the
theft
of
any
property
not
exceeding
five
hundred
29
dollars
in
value
by
one
who
has
before
been
twice
convicted
of
30
theft,
is
theft
in
the
third
degree.
Theft
in
the
third
degree
31
is
an
aggravated
misdemeanor.
32
4.
The
theft
of
property
exceeding
two
three
hundred
dollars
33
in
value
but
not
exceeding
five
seven
hundred
fifty
dollars
34
in
value
is
theft
in
the
fourth
degree.
Theft
in
the
fourth
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degree
is
a
serious
misdemeanor.
1
5.
The
theft
of
property
not
exceeding
two
three
hundred
2
dollars
in
value
is
theft
in
the
fifth
degree.
Theft
in
the
3
fifth
degree
is
a
simple
misdemeanor.
4
Sec.
10.
Section
714.3A,
subsection
1,
Code
2019,
is
amended
5
to
read
as
follows:
6
1.
A
person
commits
aggravated
theft
when
the
person
commits
7
an
assault
as
defined
in
section
708.1,
subsection
2
,
paragraph
8
“a”
,
that
is
punishable
as
a
simple
misdemeanor
under
section
9
708.2,
subsection
6
,
after
the
person
has
removed
or
attempted
10
to
remove
property
not
exceeding
two
three
hundred
dollars
in
11
value
which
has
not
been
purchased
from
a
store
or
mercantile
12
establishment,
or
has
concealed
such
property
of
the
store
or
13
mercantile
establishment,
either
on
the
premises
or
outside
the
14
premises
of
the
store
or
mercantile
establishment.
15
Sec.
11.
Section
714.7B,
subsection
6,
paragraphs
a
and
b,
16
Code
2019,
are
amended
to
read
as
follows:
17
a.
A
simple
misdemeanor
if
the
value
of
the
goods,
wares,
or
18
merchandise
does
not
exceed
two
three
hundred
dollars.
19
b.
A
serious
misdemeanor
if
the
value
of
the
goods,
wares,
20
or
merchandise
exceeds
two
three
hundred
dollars.
21
Sec.
12.
Section
714.10,
subsection
1,
Code
2019,
is
amended
22
to
read
as
follows:
23
1.
Fraudulent
practice
in
the
second
degree
is
the
24
following:
25
a.
A
fraudulent
practice
where
the
amount
of
money
or
value
26
of
property
or
services
involved
exceeds
one
thousand
five
27
hundred
dollars
but
does
not
exceed
ten
thousand
dollars.
28
b.
A
fraudulent
practice
where
the
amount
of
money
or
29
value
of
property
or
services
involved
does
not
exceed
one
30
thousand
five
hundred
dollars
by
one
who
has
been
convicted
of
31
a
fraudulent
practice
twice
before.
32
Sec.
13.
Section
714.11,
subsection
1,
paragraph
a,
Code
33
2019,
is
amended
to
read
as
follows:
34
a.
A
fraudulent
practice
where
the
amount
of
money
or
value
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of
property
or
services
involved
exceeds
five
seven
hundred
1
fifty
dollars
but
does
not
exceed
one
thousand
five
hundred
2
dollars.
3
Sec.
14.
Section
714.12,
Code
2019,
is
amended
to
read
as
4
follows:
5
714.12
Fraudulent
practice
in
the
fourth
degree.
6
1.
Fraudulent
practice
in
the
fourth
degree
is
a
fraudulent
7
practice
where
the
amount
of
money
or
value
of
property
or
8
services
involved
exceeds
two
three
hundred
dollars
but
does
9
not
exceed
five
seven
hundred
fifty
dollars.
10
2.
Fraudulent
practice
in
the
fourth
degree
is
a
serious
11
misdemeanor.
12
Sec.
15.
Section
714.13,
Code
2019,
is
amended
to
read
as
13
follows:
14
714.13
Fraudulent
practice
in
the
fifth
degree.
15
1.
Fraudulent
practice
in
the
fifth
degree
is
a
fraudulent
16
practice
where
the
amount
of
money
or
value
of
property
or
17
services
involved
does
not
exceed
two
three
hundred
dollars.
18
2.
Fraudulent
practice
in
the
fifth
degree
is
a
simple
19
misdemeanor.
20
Sec.
16.
Section
715A.6,
subsection
2,
paragraphs
b
and
c,
21
Code
2019,
are
amended
to
read
as
follows:
22
b.
If
the
value
of
the
property
or
services
secured
or
23
sought
to
be
secured
by
means
of
the
credit
card
is
greater
24
than
one
thousand
five
hundred
dollars
but
not
more
than
ten
25
thousand
dollars,
an
offense
under
this
section
is
a
class
“D”
26
felony.
27
c.
If
the
value
of
the
property
or
services
secured
28
or
sought
to
be
secured
by
means
of
the
credit
card
is
one
29
thousand
five
hundred
dollars
or
less,
an
offense
under
this
30
section
is
an
aggravated
misdemeanor.
31
Sec.
17.
Section
715A.8,
subsection
3,
paragraphs
b
and
c,
32
Code
2019,
are
amended
to
read
as
follows:
33
b.
If
the
value
of
the
credit,
property,
services,
or
other
34
benefit
exceeds
one
thousand
five
hundred
dollars
but
does
not
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exceed
ten
thousand
dollars,
the
person
commits
a
class
“D”
1
felony.
2
c.
If
the
value
of
the
credit,
property,
services,
or
other
3
benefit
does
not
exceed
one
thousand
five
hundred
dollars,
the
4
person
commits
an
aggravated
misdemeanor.
5
Sec.
18.
Section
716.4,
subsection
1,
Code
2019,
is
amended
6
to
read
as
follows:
7
1.
Criminal
mischief
is
criminal
mischief
in
the
second
8
degree
if
the
cost
of
replacing,
repairing,
or
restoring
the
9
property
that
is
damaged,
defaced,
altered,
or
destroyed
10
exceeds
one
thousand
five
hundred
dollars
but
does
not
exceed
11
ten
thousand
dollars.
12
Sec.
19.
Section
716.5,
subsection
1,
paragraph
a,
Code
13
2019,
is
amended
to
read
as
follows:
14
a.
The
cost
of
replacing,
repairing,
or
restoring
the
15
property
that
is
damaged,
defaced,
altered,
or
destroyed
16
exceeds
five
seven
hundred
fifty
dollars,
but
does
not
exceed
17
one
thousand
five
hundred
dollars.
18
Sec.
20.
Section
716.6,
subsection
1,
paragraph
a,
19
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
20
(1)
The
cost
of
replacing,
repairing,
or
restoring
the
21
property
that
is
damaged,
defaced,
altered,
or
destroyed
22
exceeds
two
three
hundred
dollars,
but
does
not
exceed
five
23
seven
hundred
fifty
dollars.
24
Sec.
21.
Section
716.8,
subsections
2
and
4,
Code
2019,
are
25
amended
to
read
as
follows:
26
2.
Any
person
committing
a
trespass
as
defined
in
section
27
716.7
,
other
than
a
trespass
as
defined
in
section
716.7,
28
subsection
2
,
paragraph
“a”
,
subparagraph
(6),
which
results
in
29
injury
to
any
person
or
damage
in
an
amount
more
than
two
three
30
hundred
dollars
to
anything,
animate
or
inanimate,
located
31
thereon
or
therein
commits
a
serious
misdemeanor.
32
4.
A
person
committing
a
trespass
as
defined
in
section
33
716.7
with
the
intent
to
commit
a
hate
crime
which
results
in
34
injury
to
any
person
or
damage
in
an
amount
more
than
two
three
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hundred
dollars
to
anything,
animate
or
inanimate,
located
1
thereon
or
therein
commits
an
aggravated
misdemeanor.
2
Sec.
22.
Section
716.10,
subsection
2,
paragraphs
d,
e,
f,
3
and
g,
Code
2019,
are
amended
to
read
as
follows:
4
d.
A
person
commits
railroad
vandalism
in
the
fourth
degree
5
if
the
person
intentionally
commits
railroad
vandalism
which
6
results
in
property
damage
which
costs
ten
thousand
dollars
7
or
less
but
more
than
one
thousand
five
hundred
dollars
to
8
replace,
repair,
or
restore.
Railroad
vandalism
in
the
fourth
9
degree
is
a
class
“D”
felony.
10
e.
A
person
commits
railroad
vandalism
in
the
fifth
degree
11
if
the
person
intentionally
commits
railroad
vandalism
which
12
results
in
property
damage
which
costs
more
than
five
seven
13
hundred
fifty
dollars
but
does
not
exceed
one
thousand
five
14
hundred
dollars
to
replace,
repair,
or
restore.
Railroad
15
vandalism
in
the
fifth
degree
is
an
aggravated
misdemeanor.
16
f.
A
person
commits
railroad
vandalism
in
the
sixth
degree
17
if
the
person
intentionally
commits
railroad
vandalism
which
18
results
in
property
damage
which
costs
more
than
one
three
19
hundred
dollars
but
does
not
exceed
five
seven
hundred
fifty
20
dollars
to
replace,
repair,
or
restore.
Railroad
vandalism
in
21
the
sixth
degree
is
a
serious
misdemeanor.
22
g.
A
person
commits
railroad
vandalism
in
the
seventh
23
degree
if
the
person
intentionally
commits
railroad
vandalism
24
which
results
in
property
damage
which
costs
one
three
hundred
25
dollars
or
less
to
replace,
repair,
or
restore.
Railroad
26
vandalism
in
the
seventh
degree
is
a
simple
misdemeanor.
27
Sec.
23.
Section
716A.2,
subsection
2,
paragraph
b,
Code
28
2019,
is
amended
to
read
as
follows:
29
b.
The
revenue
generated
from
a
specific
unsolicited
bulk
30
electronic
mail
transmission
exceeds
one
thousand
five
hundred
31
dollars
or
the
total
revenue
generated
from
all
unsolicited
32
bulk
electronic
mail
transmitted
to
any
electronic
mail
service
33
provider
by
the
person
exceeds
fifty
thousand
dollars.
34
DIVISION
IV
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THEFT,
FRAUD,
AND
FORGERY
REVISIONS
1
Sec.
24.
NEW
SECTION
.
714.2A
Consolidation
of
theft
2
offenses.
3
For
purposes
of
charging
a
person
with
theft,
any
conduct
4
specified
as
theft
in
section
714.1,
subsections
1
through
10,
5
constitutes
a
single
offense
of
theft
embracing
the
separated
6
offenses
of
theft
known
as
taking,
misappropriation,
theft
by
7
deception,
possession
or
receipt
of
stolen
property,
fraudulent
8
conversion,
check
fraud,
theft
from
a
public
utility,
unlawful
9
access
to
a
computer,
theft
of
video
rental
property,
and
other
10
similar
offenses
related
to
theft.
An
accusation
of
theft
may
11
be
supported
by
evidence
that
it
was
committed
in
any
manner
12
that
would
be
theft
under
sections
714.1,
subsections
1
through
13
10,
notwithstanding
the
specification
of
a
different
manner
14
in
the
complaint,
indictment,
or
information,
subject
only
15
to
the
power
of
the
court
to
ensure
a
fair
trial
by
granting
16
a
continuance
or
other
appropriate
relief
where
the
conduct
17
of
the
defense
would
be
prejudiced
by
lack
of
fair
notice
or
18
surprise.
19
Sec.
25.
Section
715A.2,
subsection
2,
paragraph
a,
Code
20
2019,
is
amended
by
adding
the
following
new
subparagraph:
21
NEW
SUBPARAGRAPH
.
(5)
A
driver’s
license,
nonoperator’s
22
identification
card,
birth
certificate,
or
occupational
license
23
or
certificate
in
support
of
an
occupational
license
issued
by
24
a
department,
agency,
board,
or
commission
in
this
state.
25
Sec.
26.
Section
715A.2A,
subsection
1,
paragraphs
a
and
b,
26
Code
2019,
are
amended
to
read
as
follows:
27
a.
Hires
a
person
when
the
employer
or
an
agent
or
employee
28
of
the
employer
knows
that
the
document
evidencing
the
person’s
29
authorized
stay
or
employment
in
the
United
States
is
in
30
violation
of
section
715A.2,
subsection
2
,
paragraph
“a”
,
31
subparagraph
(4)
or
(5)
,
or
knows
that
the
person
is
not
32
authorized
to
be
employed
in
the
United
States.
33
b.
Continues
to
employ
a
person
when
the
employer
or
an
34
agent
or
employee
of
the
employer
knows
that
the
document
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evidencing
the
person’s
authorized
stay
or
employment
in
the
1
United
States
is
in
violation
of
section
715A.2,
subsection
2
,
2
paragraph
“a”
,
subparagraph
(4)
or
(5)
,
or
knows
that
the
person
3
is
not
authorized
to
be
employed
in
the
United
States.
4
Sec.
27.
Section
802.5,
Code
2019,
is
amended
to
read
as
5
follows:
6
802.5
Extension
for
fraud,
fiduciary
breach.
7
1.
If
the
periods
prescribed
in
sections
802.3
and
802.4
8
have
expired,
prosecution
may
nevertheless
be
commenced
for
any
9
offense
a
material
element
of
which
is
either
fraud
or
a
breach
10
of
fiduciary
obligation
within
one
year
after
discovery
of
the
11
offense
by
an
aggrieved
party
or
by
a
person
who
has
a
legal
12
duty
to
represent
an
aggrieved
party
and
who
is
not
a
party
to
13
the
offense,
but
in
no
case
shall
this
provision
extend
the
14
period
of
limitation
otherwise
applicable
by
more
than
three
15
five
years.
16
2.
A
prosecution
may
be
commenced
under
this
section
as
17
long
as
the
appropriate
law
enforcement
agency
has
not
delayed
18
the
investigation
in
bad
faith.
This
subsection
shall
not
be
19
construed
to
require
a
law
enforcement
agency
to
pursue
an
20
unknown
offender
with
due
diligence.
21
DIVISION
V
22
CRIMINAL
PROCEEDINGS
23
Sec.
28.
Section
814.6,
subsection
1,
paragraph
a,
Code
24
2019,
is
amended
to
read
as
follows:
25
a.
A
final
judgment
of
sentence,
except
in
case
of
the
26
following
cases:
27
(1)
A
simple
misdemeanor
and
ordinance
violation
28
convictions
conviction
.
29
(2)
An
ordinance
violation.
30
(3)
A
conviction
where
the
defendant
has
pled
guilty.
This
31
subparagraph
does
not
apply
to
a
guilty
plea
for
a
class
“A”
32
felony.
33
Sec.
29.
Section
814.6,
subsection
2,
Code
2019,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
f.
An
order
denying
a
motion
in
arrest
of
1
judgment
on
grounds
other
than
an
ineffective
assistance
of
2
counsel
claim.
3
Sec.
30.
NEW
SECTION
.
814.6A
Pro
se
filings
by
defendant
4
currently
represented
by
counsel.
5
1.
A
defendant
who
is
currently
represented
by
counsel
shall
6
not
file
any
pro
se
document,
including
a
brief,
reply
brief,
7
or
motion,
in
any
Iowa
appellate
court.
The
appellate
court
8
shall
not
consider,
and
opposing
counsel
shall
not
respond
to,
9
such
pro
se
filings.
10
2.
This
section
does
not
prohibit
a
defendant
from
11
proceeding
without
the
assistance
of
counsel.
12
3.
A
defendant
currently
represented
by
counsel
may
file
a
13
pro
se
motion
seeking
disqualification
of
the
counsel,
which
a
14
court
may
grant
upon
a
showing
of
good
cause.
15
Sec.
31.
Section
814.7,
Code
2019,
is
amended
to
read
as
16
follows:
17
814.7
Ineffective
assistance
claim
on
appeal
in
a
criminal
18
case.
19
1.
An
ineffective
assistance
of
counsel
claim
in
a
20
criminal
case
shall
be
determined
by
filing
an
application
21
for
postconviction
relief
pursuant
to
chapter
822
,
except
as
22
otherwise
provided
in
this
section
.
The
claim
need
not
be
23
raised
on
direct
appeal
from
the
criminal
proceedings
in
order
24
to
preserve
the
claim
for
postconviction
relief
purposes
,
25
and
the
claim
shall
not
be
decided
on
direct
appeal
from
the
26
criminal
proceedings
.
27
2.
A
party
may,
but
is
not
required
to,
raise
an
ineffective
28
assistance
claim
on
direct
appeal
from
the
criminal
proceedings
29
if
the
party
has
reasonable
grounds
to
believe
that
the
record
30
is
adequate
to
address
the
claim
on
direct
appeal.
31
3.
If
an
ineffective
assistance
of
counsel
claim
is
raised
32
on
direct
appeal
from
the
criminal
proceedings,
the
court
may
33
decide
the
record
is
adequate
to
decide
the
claim
or
may
choose
34
to
preserve
the
claim
for
determination
under
chapter
822
.
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Sec.
32.
NEW
SECTION
.
814.28
General
verdicts.
1
When
the
prosecution
relies
on
multiple
or
alternative
2
theories
to
prove
the
commission
of
a
public
offense,
a
jury
3
may
return
a
general
verdict.
If
the
jury
returns
a
general
4
verdict,
an
appellate
court
shall
not
set
aside
or
reverse
such
5
a
verdict
on
the
basis
of
a
defective
or
insufficient
theory
6
if
one
or
more
of
the
theories
presented
and
described
in
the
7
complaint,
information,
indictment,
or
jury
instruction
is
8
sufficient
to
sustain
the
verdict
on
at
least
one
count.
9
Sec.
33.
NEW
SECTION
.
814.29
Guilty
pleas
——
challenges.
10
If
a
defendant
challenges
a
guilty
plea
based
on
an
alleged
11
defect
in
the
plea
proceedings,
the
plea
shall
not
be
vacated
12
unless
the
defendant
demonstrates
that
the
defendant
more
13
likely
than
not
would
not
have
pled
guilty
if
the
defect
had
14
not
occurred.
The
burden
applies
whether
the
challenge
is
15
made
through
a
motion
in
arrest
of
judgment
or
on
appeal.
Any
16
provision
in
the
Iowa
rules
of
criminal
procedure
that
are
17
inconsistent
with
this
section
shall
have
no
legal
effect.
18
Sec.
34.
NEW
SECTION
.
822.3A
Claim
of
ineffective
19
assistance
of
counsel.
20
An
ineffective
assistance
of
counsel
claim
contained
in
an
21
application
is
not
a
ground
of
fact
or
law
that
could
not
have
22
been
raised
within
the
applicable
time
period
for
purposes
of
23
section
822.3.
24
Sec.
35.
NEW
SECTION
.
822.3B
Pro
se
filings
by
applicants
25
currently
represented
by
counsel.
26
1.
An
applicant
seeking
relief
under
section
822.2
who
is
27
currently
represented
by
counsel
shall
not
file
any
pro
se
28
document,
including
an
application,
brief,
reply
brief,
or
29
motion,
in
any
Iowa
district
or
appellate
court.
The
district
30
or
appellate
court
shall
not
consider,
and
opposing
counsel
31
shall
not
respond
to,
such
pro
se
filings.
32
2.
This
section
does
not
prohibit
an
applicant
for
33
postconviction
relief
from
proceeding
without
the
assistance
34
of
counsel.
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3.
A
represented
applicant
for
postconviction
relief
may
1
file
a
pro
se
motion
seeking
disqualification
of
counsel,
which
2
a
court
may
grant
upon
a
showing
of
good
cause.
3
Sec.
36.
Section
822.6,
subsection
1,
Code
2019,
is
amended
4
to
read
as
follows:
5
1.
Within
thirty
days
after
the
docketing
of
the
6
application,
or
within
any
further
time
the
court
may
fix,
7
the
state
shall
respond
by
answer
or
by
motion
which
may
8
be
supported
by
affidavits.
At
any
time
prior
to
entry
of
9
judgment
the
court
may
grant
leave
to
withdraw
the
application.
10
The
court
may
make
appropriate
orders
for
amendment
of
the
11
application
or
any
pleading
or
motion,
for
pleading
over,
for
12
filing
further
pleadings
or
motions,
or
for
extending
the
time
13
of
the
filing
of
any
pleading.
In
considering
the
application
14
the
court
shall
take
account
of
substance
regardless
of
defects
15
of
form.
If
the
application
is
not
accompanied
by
the
record
16
of
the
proceedings
challenged
therein,
the
respondent
shall
17
file
with
its
answer
the
record
or
portions
thereof
that
are
18
material
to
the
questions
raised
in
the
application.
19
Sec.
37.
NEW
SECTION
.
901.4B
Presentence
determinations
20
and
statements.
21
1.
Before
imposing
sentence,
the
court
shall
do
all
of
the
22
following:
23
a.
Verify
that
the
defendant
and
the
defendant’s
attorney
24
have
read
and
discussed
the
presentence
investigation
report
25
and
any
addendum
to
the
report.
26
b.
Provide
the
defendant’s
attorney
an
opportunity
to
speak
27
on
the
defendant’s
behalf.
28
c.
Address
the
defendant
personally
in
order
to
permit
the
29
defendant
to
make
a
statement
or
present
any
information
to
30
mitigate
the
defendant’s
sentence.
31
d.
Provide
the
prosecuting
attorney
an
opportunity
to
speak.
32
2.
After
hearing
any
statements
presented
pursuant
33
to
subsection
1,
and
before
imposing
sentence,
the
court
34
shall
address
any
victim
of
the
crime
who
is
present
at
the
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sentencing
and
shall
allow
any
victim
to
be
reasonably
heard,
1
including,
but
not
limited
to,
by
presenting
a
victim
impact
2
statement
in
the
manner
described
in
section
915.21.
3
3.
For
purposes
of
this
section
“victim”
means
the
same
as
4
defined
in
section
915.10.
5
DIVISION
VI
6
ARSON
7
Sec.
38.
Section
901.11,
Code
2019,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
4.
At
the
time
of
sentencing,
the
court
10
shall
determine
when
a
person
convicted
of
arson
in
the
first
11
degree
as
described
in
section
902.12,
subsection
4,
shall
12
first
become
eligible
for
parole
or
work
release
within
the
13
parameters
specified
in
section
902.12,
subsection
3,
based
14
upon
all
pertinent
information
including
the
person’s
criminal
15
record,
a
validated
risk
assessment,
and
the
negative
impact
16
the
offense
has
had
on
the
victim
or
other
persons.
17
Sec.
39.
Section
902.12,
Code
2019,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
4.
A
person
serving
a
sentence
for
a
20
conviction
for
arson
in
the
first
degree
in
violation
of
21
section
712.2
that
occurs
on
or
after
July
1,
2019,
shall
22
be
denied
parole
or
work
release
until
the
person
has
served
23
between
one-half
and
seven-tenths
of
the
maximum
term
of
24
the
person’s
sentence
as
determined
under
section
901.11,
25
subsection
4.
26
DIVISION
VII
27
LIMITATION
OF
CRIMINAL
ACTIONS
28
Sec.
40.
Section
802.2,
subsection
1,
Code
2019,
is
amended
29
to
read
as
follows:
30
1.
An
information
or
indictment
for
sexual
abuse
in
the
31
first,
second,
or
third
degree
committed
on
or
with
a
person
32
who
is
under
the
age
of
eighteen
years
shall
be
found
within
33
ten
fifteen
years
after
the
person
upon
whom
the
offense
is
34
committed
attains
eighteen
years
of
age,
or
if
the
person
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against
whom
the
information
or
indictment
is
sought
is
1
identified
through
the
use
of
a
DNA
profile,
an
information
or
2
indictment
shall
be
found
within
three
years
from
the
date
the
3
person
is
identified
by
the
person’s
DNA
profile,
whichever
is
4
later.
5
Sec.
41.
Section
802.2A,
Code
2019,
is
amended
to
read
as
6
follows:
7
802.2A
Incest
——
sexual
exploitation
by
a
counselor,
8
therapist,
or
school
employee.
9
1.
An
information
or
indictment
for
incest
under
section
10
726.2
committed
on
or
with
a
person
who
is
under
the
age
of
11
eighteen
shall
be
found
within
ten
fifteen
years
after
the
12
person
upon
whom
the
offense
is
committed
attains
eighteen
13
years
of
age.
An
information
or
indictment
for
any
other
14
incest
shall
be
found
within
ten
years
after
its
commission.
15
2.
An
indictment
or
information
for
sexual
exploitation
by
16
a
counselor,
therapist,
or
school
employee
under
section
709.15
17
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
18
shall
be
found
within
ten
fifteen
years
after
the
person
upon
19
whom
the
offense
is
committed
attains
eighteen
years
of
age.
20
An
information
or
indictment
for
any
other
sexual
exploitation
21
shall
be
found
within
ten
years
of
the
date
the
victim
was
last
22
treated
by
the
counselor
or
therapist,
or
within
ten
years
of
23
the
date
the
victim
was
enrolled
in
or
attended
the
school.
24
DIVISION
VIII
25
STATE
AND
COUNTY
MEDICAL
EXAMINER
DEATH
REPORTS
AND
26
INVESTIGATIONS
27
Sec.
42.
Section
331.802,
subsection
5,
Code
2019,
is
28
amended
by
adding
the
following
new
paragraphs:
29
NEW
PARAGRAPH
.
c.
In
formulating
findings
and
conclusions
30
regarding
the
cause
and
manner
of
death,
the
state
medical
31
examiner
or
county
medical
examiner
shall
be
allowed
to
rely
32
upon
and
include
in
the
report
referred
to
in
subsection
2,
33
paragraph
“a”
,
any
information
provided
by
an
attorney,
law
34
enforcement
agency,
witness,
or
any
person
with
relevant
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information
to
the
medical
examiner
conducting
the
autopsy.
1
NEW
PARAGRAPH
.
d.
The
state
medical
examiner
or
county
2
medical
examiner
may
rely
upon
and
consider
statements
by
3
witnesses
or
other
persons
for
purposes
of
developing
a
4
clinical
history
of
the
decedent
that
preceded
death
when
5
formulating
findings
and
conclusions
on
the
cause
and
cause
6
or
manner
of
death.
A
court
shall
not
exclude
a
medical
7
examiner’s
opinion
as
to
the
cause
of
death
on
the
basis
that
8
the
medical
examiner
relied
on
out-of-court
statements
in
9
forming
that
opinion,
and
such
an
opinion
shall
not
constitute
10
reversible
error.
11
Sec.
43.
Section
331.802,
subsection
6,
Code
2019,
is
12
amended
to
read
as
follows:
13
6.
a.
The
report
of
an
investigation
made
by
the
state
14
medical
examiner
or
a
county
medical
examiner
and
the
record
15
and
report
of
an
autopsy
made
under
this
section
or
chapter
16
691
,
shall
be
received
as
evidence
in
any
court
or
other
17
proceedings,
except
that
statements
by
witnesses
or
other
18
persons
and
conclusions
on
extraneous
matters
included
in
19
the
report
are
not
admissible
including
any
findings
of
the
20
state
medical
examiner
or
county
medical
examiner
and
any
21
information
provided
by
an
attorney,
investigative
agency,
22
or
witness,
and
any
report
deemed
necessary
by
the
medical
23
examiner
to
accurately
certify
the
cause
and
manner
of
death
24
which
are
included
in
the
report
of
the
medical
examiner
if
the
25
information
is
admissible
under
the
Iowa
rules
of
evidence
or
26
have
otherwise
been
substantially
admitted
into
evidence
.
The
27
person
preparing
a
report
or
record
given
in
evidence
may
be
28
subpoenaed
as
a
witness
in
any
civil
or
criminal
case
by
any
29
party
to
the
cause.
A
copy
of
a
record,
photograph,
laboratory
30
finding,
or
record
in
the
office
of
the
state
medical
examiner
31
or
any
medical
examiner,
when
attested
to
by
the
state
medical
32
examiner
or
a
staff
member
or
the
medical
examiner
in
whose
33
office
the
record,
photograph,
or
finding
is
filed,
shall
be
34
received
as
evidence
in
any
court
or
other
proceedings
for
any
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purpose
for
which
the
original
could
be
received
without
proof
1
of
the
official
character
of
the
person
whose
name
is
signed
2
to
it.
3
b.
In
conducting
an
investigation
or
autopsy
under
this
4
part,
including
but
not
limited
to
developing
a
clinical
5
history
of
the
decedent
and
formulating
findings
and
6
conclusions
or
forming
opinions
as
to
the
cause
and
manner
of
7
death,
the
state
medical
examiner
or
county
medical
examiner
8
may
use
any
information
provided
or
available
for
review,
9
including
but
not
limited
to
information
or
statements
by
a
10
witness,
a
suspect,
or
any
other
person
with
information
which
11
is
provided
by
or
obtained
in
the
course
of
a
law
enforcement
12
investigation.
Such
information
or
statements
which
the
13
medical
examiner
has
used
in
making
the
findings,
conclusions,
14
and
opinions
may
also
be
included
in
the
report
of
the
medical
15
examiner.
A
court
shall
not
exclude
the
medical
examiner’s
16
report
or
opinion
as
to
the
cause
or
manner
of
death
on
the
17
basis
that
the
medical
examiner
relied
on
information
from
18
other
persons
or
from
a
law
enforcement
agency
in
forming
that
19
report
or
opinion.
Admission
of
such
a
report
or
opinion
shall
20
not
constitute
reversible
error.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
criminal
law
and
procedure
including
25
certain
related
administrative
proceedings,
provides
penalties,
26
and
includes
effective
date
provisions.
27
DIVISION
I
——
EXPUNGEMENTS.
This
division
relates
to
the
28
expungement
of
records
of
certain
misdemeanor
offenses.
29
The
division
strikes
a
provision
in
Code
section
123.46
30
relating
to
the
expungement
of
a
conviction
for
public
31
intoxication
allowing
for
the
expungement
of
a
local
ordinance
32
violation
that
arose
out
of
the
same
transaction
or
occurrence
33
of
a
conviction
under
Code
section
123.46.
34
The
division
provides
that
upon
the
application
of
a
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defendant
convicted
of
a
misdemeanor
in
the
county
where
the
1
defendant’s
conviction
occurred,
the
court
shall
enter
an
order
2
expunging
the
record
of
such
criminal
case,
as
a
matter
of
law,
3
if
the
defendant
has
established
that
more
than
eight
years
4
have
passed
since
the
date
of
the
conviction,
the
defendant
has
5
no
pending
criminal
charges,
and
all
court
costs,
fees,
fines,
6
and
restitution
and
other
financial
obligations
ordered
by
the
7
court
or
assessed
by
the
clerk
of
the
district
court
have
been
8
paid.
9
The
division
provides
that
the
following
misdemeanors
10
shall
not
be
expunged:
simple
misdemeanor
convictions
under
11
Code
sections
123.46
(consumption
or
intoxication
in
public
12
places)
and
123.47(3)
(alcohol
consumption
by
persons
under
13
legal
age)
or
similar
local
ordinances,
because
expungement
14
procedures
already
exist
for
both
offenses;
convictions
for
15
dependent
adult
abuse
under
Code
section
235B.20;
convictions
16
for
operating
a
motor
vehicle
with
an
invalid
driver’s
license
17
under
Code
section
321.218,
321A.32,
or
321J.21;
convictions
18
for
operating
while
intoxicated
under
Code
section
321J.2;
19
convictions
for
sex
offenses
as
defined
in
Code
section
20
692A.101;
a
conviction
for
involuntary
manslaughter
under
Code
21
section
707.5;
a
conviction
for
assault
involving
a
dangerous
22
weapon
under
Code
section
708.2(3);
convictions
for
domestic
23
abuse
assault
under
Code
section
708.2A;
convictions
for
24
harassment
under
Code
section
708.7;
a
conviction
for
stalking
25
under
Code
section
708.11;
convictions
for
removal
of
an
26
officer’s
communication
or
control
device
under
Code
section
27
708.12;
convictions
for
trespass
under
Code
section
716.8(3)
28
or
(4);
convictions
for
bestiality
under
Code
section
717C.1;
29
convictions
under
Code
chapter
719
(obstructing
justice);
30
convictions
under
Code
chapter
720
(interference
with
judicial
31
process);
convictions
under
Code
section
721.2
(nonfelonious
32
conduct
in
office);
convictions
under
Code
section
721.10
33
(misuse
of
public
records
and
files);
convictions
under
Code
34
section
723.1
(riot);
convictions
under
Code
chapter
724
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(weapons);
convictions
under
Code
chapter
726
(protections
1
of
the
family
and
dependent
persons);
convictions
under
Code
2
chapter
728
(obscenity);
convictions
under
Code
chapter
901A
3
(sexually
predatory
offenses);
a
conviction
for
a
comparable
4
offense
listed
in
49
C.F.R.
§383.51(b)
(table
1)
or
49
C.F.R.
5
§383.51(e)
(table
4)
(commercial
driver’s
licenses);
and
any
6
conviction
under
prior
law
of
an
offense
comparable
to
an
7
offense
enumerated
in
the
bill.
In
addition,
the
bill
does
not
8
apply
to
a
defendant
who
is
the
subject
of
a
protective
order
9
or
a
no-contact
order;
a
defendant
who
has
been
subsequently
10
convicted
of
or
granted
a
deferred
judgment
for
any
criminal
11
offense,
other
than
a
simple
misdemeanor
conviction
under
Code
12
chapter
321
or
of
a
similar
local
ordinance;
or
a
defendant
who
13
has
previously
been
granted
two
deferred
judgments.
14
The
division
prohibits
a
person
from
applying
more
than
15
once
for
an
expungement
of
the
person’s
record.
A
person
16
shall
be
granted
an
expungement
of
a
record
only
one
time
17
in
the
person’s
lifetime.
However,
the
one
application
may
18
request
the
expungement
of
records
relating
to
more
than
one
19
misdemeanor
offense
if
the
misdemeanor
offenses
arose
from
the
20
same
transaction
or
occurrence,
and
the
application
contains
21
the
misdemeanor
offenses
to
be
expunged.
22
The
division
provides
that
the
expunged
record
under
the
23
bill
is
a
confidential
record
exempt
from
public
access
under
24
Code
section
22.7
but
shall
be
made
available
by
the
clerk
of
25
the
district
court
upon
court
order.
26
The
division
also
provides
that
after
receipt
of
notice
from
27
the
clerk
of
the
district
court
that
a
record
of
conviction
has
28
been
expunged,
the
record
of
conviction
shall
be
removed
from
29
the
criminal
history
data
files
maintained
by
the
department
of
30
public
safety
if
such
a
record
was
maintained
in
the
criminal
31
history
data
files.
32
The
division
provides
that
the
supreme
court
may
prescribe
33
rules
governing
expungement
procedures
applicable
to
criminal
34
cases
pursuant
to
the
division.
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The
division
applies
to
misdemeanor
convictions
that
occur
1
prior
to,
on,
or
after
July
1,
2019.
2
DIVISION
II
——
ROBBERY.
This
division
provides
that
a
3
person
serving
a
sentence
for
a
conviction
for
robbery
in
the
4
first
degree
for
a
conviction
that
occurs
on
or
after
July
5
1,
2018,
shall
serve
between
50
and
70
percent
of
a
25-year
6
class
“B”
felony
sentence
prior
to
being
eligible
for
parole
7
or
work
release.
In
determining
when
the
person
is
first
8
eligible
for
parole
or
work
release
within
such
parameters,
9
the
sentencing
court
shall
base
its
determination
upon
all
10
pertinent
information
including
the
person’s
criminal
record,
a
11
validated
risk
assessment,
and
the
negative
impact
the
offense
12
has
had
on
the
victim
or
other
persons.
13
The
division
does
not
modify
the
earned
time
provisions
14
related
to
the
commission
of
robbery
in
the
first
degree,
as
a
15
person
who
commits
robbery
in
the
first
degree
is
eligible
for
16
a
reduction
of
sentence
equal
to
fifteen
eighty-fifths
of
a
day
17
for
each
day
of
good
conduct
by
the
person
under
Code
section
18
903A.2.
19
Under
current
law
and
the
division,
felonious
robbery
is
20
also
classified
as
a
“forcible
felony”
under
Code
section
21
702.11,
and
a
person
convicted
of
felonious
robbery
is
22
prohibited
from
receiving
a
suspended
or
deferred
sentence
or
23
deferred
judgment
pursuant
to
Code
section
907.3.
24
The
division
repeals
the
offense
of
robbery
in
the
third
25
degree,
an
aggravated
misdemeanor.
A
person
commits
robbery
26
in
the
third
degree
when,
while
perpetrating
a
robbery,
the
27
person
commits
a
simple
misdemeanor
assault
in
violation
of
28
Code
section
708.2(6).
29
DIVISION
III
——
PROPERTY
CRIMES
——
VALUE.
This
division
30
increases
the
value
of
damaged
or
stolen
property
or
services
31
necessary
to
commit
certain
levels
of
numerous
criminal
32
offenses.
33
THEFT.
The
division
increases
the
value
of
property
34
necessary
for
a
person
to
commit
theft
in
the
second
degree
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from
property
exceeding
$1,000
but
not
more
than
$10,000
to
1
property
exceeding
$1,500
but
not
more
than
$10,000.
Theft
in
2
the
second
degree
is
a
class
“D”
felony.
3
The
division
increases
the
value
of
property
necessary
for
4
a
person
to
commit
theft
in
the
third
degree
from
property
5
exceeding
$500
but
not
more
than
$1,000
to
property
exceeding
6
$750
but
not
more
than
$1,500.
Theft
in
the
third
degree
is
an
7
aggravated
misdemeanor.
8
The
division
increases
the
value
of
property
necessary
for
9
a
person
to
commit
theft
in
the
fourth
degree
from
property
10
exceeding
$200
but
not
more
than
$500
to
property
exceeding
11
$300
but
not
more
than
$750.
Theft
in
the
fourth
degree
is
a
12
serious
misdemeanor.
13
The
division
increases
the
value
of
property
necessary
for
a
14
person
to
commit
theft
in
the
fifth
degree
from
property
not
15
exceeding
$200
to
property
not
exceeding
$300.
Theft
in
the
16
fifth
degree
is
a
simple
misdemeanor.
17
AGGRAVATED
THEFT.
The
division
increases
the
value
of
18
property
necessary
for
a
person
to
commit
aggravated
theft
from
19
property
not
exceeding
$200
to
property
not
exceeding
$300.
20
Aggravated
theft
is
an
aggravated
misdemeanor
or
a
class
“D”
21
felony
depending
upon
the
circumstances
of
the
crime.
Under
22
current
law,
a
person
commits
aggravated
theft
when
the
person
23
commits
a
simple
assault
after
the
person
has
removed
or
24
attempted
to
remove
property
not
exceeding
$200.
25
THEFT
DETECTION
DEVICES
——
SHIELD
OR
REMOVAL.
The
division
26
increases
the
value
of
property
necessary
for
a
person
to
27
commit
a
serious
misdemeanor
for
removal
of
a
theft
detection
28
device
from
property
exceeding
$200
in
value
to
property
29
exceeding
$300
in
value.
The
division
increases
the
value
of
30
property
necessary
for
a
person
to
commit
a
simple
misdemeanor
31
for
removal
of
a
theft
detection
device
from
property
not
32
exceeding
$200
in
value
to
property
not
exceeding
$300
in
33
value.
34
FRAUDULENT
PRACTICE.
Fraudulent
practice
is
defined
in
Code
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section
714.8.
The
division
increases
the
value
of
property
or
1
services
necessary
for
a
person
to
commit
fraudulent
practice
2
in
the
second
degree
from
property
or
services
exceeding
$1,000
3
but
not
more
than
$10,000
to
property
exceeding
$1,500
but
not
4
more
than
$10,000.
Fraudulent
practice
in
the
second
degree
5
is
a
class
“D”
felony.
6
The
division
increases
the
value
of
property
or
services
7
necessary
for
a
person
to
commit
fraudulent
practice
in
the
8
third
degree
from
property
or
services
exceeding
$500
but
not
9
more
than
$1,000
to
property
or
services
exceeding
$750
but
not
10
more
than
$1,500.
Fraudulent
practice
in
the
third
degree
is
11
an
aggravated
misdemeanor.
12
The
division
increases
the
value
of
property
or
services
13
necessary
for
a
person
to
commit
fraudulent
practice
in
the
14
fourth
degree
from
property
or
services
exceeding
$200
but
not
15
more
than
$500
to
property
or
services
exceeding
$300
but
not
16
more
than
$750.
Fraudulent
practice
in
the
fourth
degree
is
17
a
serious
misdemeanor.
18
The
division
increases
the
value
of
property
or
services
19
necessary
for
a
person
to
commit
fraudulent
practice
in
the
20
fifth
degree
from
property
or
services
not
exceeding
$200
to
21
property
or
services
not
exceeding
$300.
Fraudulent
practice
22
in
the
fifth
degree
is
a
simple
misdemeanor.
23
CREDIT
CARDS.
Under
current
law,
a
person
commits
the
class
24
“D”
felony
offense
of
credit
card
fraud
when
a
person
illegally
25
secures
or
seeks
to
secure
property
or
services
by
means
of
26
a
credit
card
and
the
value
of
the
property
or
services
is
27
greater
than
$1,000
but
not
more
than
$10,000.
The
division
28
increases
the
minimum
value
of
property
or
services
necessary
29
for
a
person
to
commit
such
a
class
“D”
felony
offense
from
30
$1,000
to
$1,500.
31
Under
current
law,
a
person
commits
the
aggravated
32
misdemeanor
offense
of
credit
card
fraud
when
a
person
33
illegally
secures
or
seeks
to
secure
property
or
services
34
by
means
of
a
credit
card
and
the
value
of
the
property
or
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services
is
$1,000
or
less.
The
division
increases
the
maximum
1
value
of
property
or
services
necessary
for
a
person
to
commit
2
such
an
aggravated
misdemeanor
offense
from
$1,000
to
$1,500.
3
IDENTITY
THEFT.
Under
current
law,
a
person
commits
4
the
class
“D”
felony
offense
of
identity
theft
when
a
5
person
fraudulently
uses
or
fraudulently
attempts
to
use
6
identification
information
of
another
person,
with
the
intent
7
to
obtain
credit,
property,
services,
or
other
benefit,
and
8
the
value
of
the
credit,
property,
services,
or
other
benefit
9
exceeds
$1,000
but
does
not
exceed
$10,000.
The
division
10
increases
the
minimum
value
necessary
for
a
person
to
commit
11
such
a
class
“D”
felony
offense
from
$1,000
to
$1,500.
12
Under
current
law,
a
person
commits
the
aggravated
13
misdemeanor
offense
of
identity
theft
when
a
person
14
fraudulently
uses
or
fraudulently
attempts
to
use
15
identification
information
of
another
person,
with
the
intent
16
to
obtain
credit,
property,
or
services,
or
other
benefit,
and
17
the
value
of
the
credit,
property,
services,
or
other
benefit
18
exceeds
$1,000
but
does
not
exceed
$10,000.
The
division
19
increases
the
minimum
value
necessary
for
a
person
to
commit
20
such
an
aggravated
misdemeanor
offense
from
$1,000
to
$1,500.
21
CRIMINAL
MISCHIEF.
The
division
increases
the
value
of
22
damaged
property
that
is
necessary
to
commit
criminal
mischief
23
in
the
second
degree
from
damaged
property
exceeding
$1,000
but
24
not
more
than
$10,000
to
damaged
property
exceeding
$1,500
but
25
not
more
than
$10,000.
Criminal
mischief
in
the
second
degree
26
is
a
class
“D”
felony.
27
The
division
increases
the
value
of
damaged
property
28
that
is
necessary
to
commit
criminal
mischief
in
the
third
29
degree
from
damaged
property
exceeding
$500
but
not
more
than
30
$1,000
to
damaged
property
exceeding
$750
but
not
more
than
31
$1,500.
Criminal
mischief
in
the
third
degree
is
an
aggravated
32
misdemeanor.
33
The
division
increases
the
value
of
damaged
property
34
that
is
necessary
to
commit
criminal
mischief
in
the
fourth
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degree
from
damaged
property
exceeding
$200
but
not
more
than
1
$500
to
damaged
property
exceeding
$300
but
not
more
than
2
$750.
Criminal
mischief
in
the
fourth
degree
is
a
serious
3
misdemeanor.
4
The
division
increases
the
value
of
damaged
property
that
5
is
necessary
to
commit
criminal
mischief
in
the
fifth
degree
6
from
damaged
property
not
exceeding
$200
to
damaged
property
7
not
exceeding
$300.
Criminal
mischief
in
the
fifth
degree
is
a
8
simple
misdemeanor.
9
TRESPASS.
The
division
increases
the
value
of
damaged
10
property
that
is
necessary
to
commit
a
serious
misdemeanor
11
trespass
offense
from
damaged
property
of
more
than
$200
to
12
damaged
property
of
more
than
$300.
13
The
division
increases
the
value
of
damaged
property
that
is
14
necessary
to
commit
an
aggravated
misdemeanor
trespass
offense
15
involving
a
hate
crime
from
damaged
property
of
more
than
$200
16
to
damaged
property
of
more
than
$300.
17
RAILROAD
VANDALISM.
The
division
increases
the
value
of
18
damaged
property
that
is
necessary
to
commit
railroad
vandalism
19
in
the
fourth
degree
from
damaged
property
exceeding
$1,000
but
20
not
more
than
$10,000
to
damaged
property
exceeding
$1,500
but
21
not
more
than
$10,000.
Railroad
vandalism
in
the
fourth
degree
22
is
a
class
“D”
felony.
23
The
division
increases
the
value
of
damaged
property
that
24
is
necessary
to
commit
railroad
vandalism
in
the
fifth
degree
25
from
damaged
property
exceeding
$500
but
not
more
than
$1,000
26
to
damaged
property
exceeding
$750
but
not
more
than
$1,500.
27
Railroad
vandalism
in
the
fifth
degree
is
an
aggravated
28
misdemeanor.
29
The
division
increases
the
value
of
damaged
property
30
that
is
necessary
to
commit
railroad
vandalism
in
the
sixth
31
degree
from
damaged
property
exceeding
$200
but
not
more
than
32
$500
to
damaged
property
exceeding
$300
but
not
more
than
33
$750.
Railroad
vandalism
in
the
sixth
degree
is
a
serious
34
misdemeanor.
35
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The
division
increases
the
value
of
damaged
property
that
is
1
necessary
to
commit
railroad
vandalism
in
the
seventh
degree
2
from
damaged
property
not
exceeding
$200
to
damaged
property
3
not
exceeding
$300.
Railroad
vandalism
in
the
seventh
degree
4
is
a
simple
misdemeanor.
5
TRANSMISSION
OF
UNSOLICITED
BULK
ELECTRONIC
MAIL
(EMAIL).
6
Under
current
law,
a
person
commits
the
class
“D”
felony
7
offense
of
transmission
of
unsolicited
bulk
email
when
the
8
revenue
generated
from
such
a
transmissions
exceeds
$1,000.
9
The
division
increases
the
minimum
value
necessary
for
a
10
person
to
commit
such
a
class
“D”
felony
offense
from
$1,000
11
to
$1,500.
12
DIVISION
IV
——
THEFT,
FRAUD,
AND
FORGERY
REVISIONS.
13
THEFT
OFFENSES
——
CONSOLIDATION.
This
division
creates
new
14
Code
section
714.2A
relating
to
the
consolidation
of
theft
15
offenses.
The
division
provides
that
for
purposes
of
charging
16
a
person
with
theft,
any
conduct
specified
as
theft
in
Code
17
section
714.1(1)
through
(10),
constitutes
a
single
offense
18
of
theft
embracing
the
separated
offenses
of
theft
known
as
19
taking,
misappropriation,
theft
by
deception,
possession
or
20
receipt
of
stolen
property,
fraudulent
conversion,
check
fraud,
21
theft
from
a
public
utility,
unlawful
access
to
a
computer,
22
theft
of
video
rental
property,
and
other
similar
offenses
23
related
to
theft.
An
accusation
of
theft
may
be
supported
by
24
evidence
that
it
was
committed
in
any
manner
that
would
be
25
theft
under
Code
section
714.1(1)
through
(10),
notwithstanding
26
the
specification
of
a
different
manner
of
theft
in
the
27
complaint,
indictment,
or
information,
subject
only
to
the
28
power
of
the
court
to
ensure
a
fair
trial
by
granting
a
29
continuance
or
other
appropriate
relief
where
the
conduct
of
30
the
defense
would
be
prejudiced
by
lack
of
fair
notice
or
31
surprise.
32
DEFINITION
OF
FORGERY.
The
division
amends
Code
section
33
715A.2(2)
relating
to
forgery.
Under
the
division,
a
person
34
commits
forgery
when
the
person
possesses
a
writing
that
is
or
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purports
to
be
a
driver’s
license,
nonoperator’s
identification
1
card,
birth
certificate,
or
occupational
license
or
certificate
2
in
support
of
an
occupational
license
issued
by
a
department,
3
agency,
board,
or
commission
in
this
state.
A
person
who
4
forges
such
a
document
commits
a
class
“D”
felony.
By
amending
5
the
definition
of
forgery,
the
division
also
changes
the
6
circumstances
under
which
an
employer
is
subject
to
a
civil
7
penalty
for
hiring
a
person
who
commits
such
a
forgery,
8
pursuant
to
Code
section
715A.2A
(accommodation
of
forgery).
9
STATUTE
OF
LIMITATIONS
——
FRAUD
OR
BREACH
OF
FIDUCIARY
10
OBLIGATION.
The
division
amends
Code
section
802.5
relating
11
to
extending
the
periods
of
time
a
prosecution
may
be
brought
12
against
a
person
for
any
offense
involving
a
material
element
13
of
fraud
or
a
breach
of
fiduciary
obligation.
Under
current
14
law,
a
prosecution
may
be
brought
within
one
year
after
15
discovery
of
the
offense
by
an
aggrieved
party
or
by
a
person
16
who
has
a
legal
duty
to
represent
an
aggrieved
party
and
who
is
17
not
a
party
to
the
offense.
The
division
specifies
that
such
a
18
prosecution
may
be
brought
within
five
years.
19
DIVISION
V
——
CRIMINAL
PROCEEDINGS.
20
DEFENDANT
RIGHT
TO
APPEAL.
This
division
amends
Code
21
section
814.6(1)
by
prohibiting
the
right
to
appeal
to
a
22
defendant
who
has
pled
guilty
to
a
criminal
offense
except
23
this
prohibition
does
not
apply
to
a
defendant
who
pleads
24
guilty
to
a
class
“A”
felony.
The
right
to
appeal
means
that
25
an
appellate
court
cannot
deny
a
defendant’s
statutory
or
26
constitutional
right
to
have
the
defendant’s
case
reviewed
on
27
appeal.
28
The
division
amends
Code
section
814.6(2)
by
specifying
that
29
discretionary
review
by
an
appellate
court
applies
to
an
order
30
denying
a
motion
in
arrest
of
judgment
on
grounds
other
than
an
31
ineffective
assistance
claim.
Under
current
law,
discretionary
32
review
applies
to
an
order
suppressing
or
admitting
evidence,
33
an
order
granting
or
denying
a
motion
for
a
change
of
venue,
34
an
order
denying
probation,
simple
misdemeanor
and
ordinance
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violations,
and
an
order
raising
a
question
of
law
important
to
1
the
judiciary
and
the
profession.
Discretionary
review
is
the
2
process
by
which
an
appellate
court
may
exercise
its
discretion
3
to
review
specified
matters
not
subject
to
appeal
as
a
matter
4
of
right.
5
PRO
SE
FILINGS
BY
DEFENDANT
CURRENTLY
REPRESENTED
BY
6
COUNSEL.
The
division
creates
new
Code
section
814.6A
relating
7
to
pro
se
filings
by
defendants
currently
represented
by
8
counsel.
The
bill
provides
that
a
defendant
who
is
currently
9
represented
by
counsel
shall
not
file
any
pro
se
document
10
in
any
Iowa
appellate
court.
The
appellate
court
shall
not
11
consider,
and
opposing
counsel
shall
not
respond
to,
such
pro
12
se
filings.
The
division
does
not
prohibit
a
defendant
from
13
proceeding
without
the
assistance
of
counsel.
A
defendant
14
currently
represented
by
counsel
may
file
a
pro
se
motion
15
seeking
disqualification
of
the
counsel,
which
a
court
may
16
grant
upon
a
showing
of
good
cause.
17
INEFFECTIVE
ASSISTANCE
OF
COUNSEL
CLAIMS
ON
APPEAL.
The
18
division
amends
Code
section
814.7
relating
to
an
ineffective
19
assistance
claim
on
appeal
in
a
criminal
case.
The
division
20
prohibits
an
ineffective
assistance
claim
being
raised
and
21
decided
on
direct
appeal
from
the
criminal
proceedings.
Under
22
current
law,
such
a
claim
may
be
raised
on
direct
appeal
from
23
the
criminal
proceedings
if
the
record
at
the
trial
level
is
24
sufficient.
Generally,
an
ineffective
assistance
of
counsel
25
claim
is
raised
on
appeal
by
a
criminal
defendant
alleging
26
the
defendant’s
attorney
was
so
incompetent
it
deprived
the
27
defendant
the
constitutional
right
to
assistance
of
counsel.
28
APPEALS
FROM
THE
DISTRICT
COURT
——
GENERAL
VERDICT.
29
The
division
creates
new
Code
section
814.28
relating
to
30
general
verdicts.
When
the
prosecution
relies
on
multiple
31
or
alternative
theories
to
prove
the
commission
of
a
public
32
offense,
a
jury
may
return
a
general
verdict.
If
the
jury
33
returns
a
general
verdict,
the
division
specifies
that
a
court
34
shall
not
set
aside
or
reverse
such
a
verdict
on
the
basis
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of
a
defective
or
insufficient
theory
if
one
or
more
of
the
1
theories
presented
and
described
in
the
complaint,
information,
2
indictment,
or
jury
instruction
is
sufficient
to
sustain
the
3
verdict
on
at
least
one
count.
4
GUILTY
PLEAS
——
CHALLENGES.
If
a
defendant
challenges
a
5
guilty
plea
based
on
an
alleged
defect
in
the
plea
proceedings,
6
the
division
provides
that
the
plea
shall
not
be
vacated
unless
7
the
defendant
demonstrates
it
is
more
likely
than
not
that
the
8
defendant
would
not
have
pled
guilty
if
the
defect
had
not
9
occurred.
The
burden
applies
whether
the
challenge
is
made
10
by
motion
in
arrest
of
judgment
or
in
a
challenge
on
appeal.
11
Any
provision
in
the
Iowa
rules
of
criminal
procedure
that
are
12
inconsistent
with
this
provision
shall
have
no
legal
effect.
13
POSTCONVICTION
RELIEF.
The
division
provides
that
an
14
ineffective
assistance
of
counsel
claim
contained
in
an
15
application
seeking
postconviction
relief
is
not
a
ground
16
of
fact
or
law
that
could
not
have
been
raised
within
the
17
applicable
time
period
for
purposes
of
determining
if
an
18
application
is
timely
filed.
19
The
division
provides
that
an
applicant
seeking
20
postconviction
relief
who
is
currently
represented
by
counsel
21
shall
not
file
any
pro
se
document
in
any
Iowa
district
or
22
appellate
court.
The
district
or
appellate
court
shall
not
23
consider,
and
opposing
counsel
shall
not
respond
to,
such
24
pro
se
filings.
The
bill
does
not
prohibit
an
applicant
for
25
postconviction
relief
from
proceeding
without
the
assistance
of
26
counsel.
A
represented
applicant
for
postconviction
relief
may
27
file
a
pro
se
motion
seeking
disqualification
of
counsel,
which
28
a
court
may
grant
upon
a
showing
of
good
cause.
29
The
division
strikes
a
provision
that
requires
the
30
respondent
to
an
application
for
postconviction
relief,
to
file
31
an
answer
to
the
application
with
relevant
portions
of
the
32
record
of
the
proceedings
being
challenged,
if
the
applicant
33
fails
to
file
the
application
without
the
record
of
the
34
proceedings
being
challenged.
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PRESENTENCE
DETERMINATIONS
AND
STATEMENTS.
The
division
1
creates
new
Code
section
901.4B
relating
to
presentence
2
determinations
and
statements.
At
sentencing,
the
court
shall
3
verify
that
the
defendant
and
the
defendant’s
attorney
have
4
read
and
discussed
the
presentence
investigation
report
and
any
5
addendum
to
the
report.
Before
imposing
sentence,
the
court
6
shall
provide
the
defendant’s
attorney
an
opportunity
to
speak
7
on
the
defendant’s
behalf,
address
the
defendant
personally
in
8
order
to
permit
the
defendant
to
make
a
statement
or
present
9
any
information
to
mitigate
the
sentence,
and
provide
the
10
prosecuting
attorney
an
opportunity
to
speak.
11
After
hearing
any
statements
presented
by
the
above,
and
12
before
imposing
sentence,
the
court
is
required
to
address
any
13
victim
of
the
crime
who
is
present
at
sentencing
and
permit
14
any
victim
to
be
reasonably
heard,
including
but
not
limited
15
to
by
presenting
a
victim
impact
statement
in
the
manner
16
described
in
Code
section
915.21.
“Victim”
means
a
person
who
17
has
suffered
physical,
emotional,
or
financial
harm
as
the
18
result
of
a
public
offense
or
a
delinquent
act,
other
than
19
a
simple
misdemeanor,
committed
in
this
state,
or
members
of
20
the
victim’s
family,
and
also
includes
the
family
members
of
21
a
victim
who
died
or
was
rendered
incompetent
as
a
result
of
22
the
offense
or
who
was
under
18
years
of
age
at
the
time
of
the
23
offense.
24
DIVISION
VI
——
ARSON.
25
PAROLE
OR
WORK
RELEASE
ELIGIBILITY
DETERMINATION
——
26
CERTAIN
DRUG,
CHILD
ENDANGERMENT,
AND
ROBBERY
OFFENSES.
This
27
division
amends
Code
section
901.11
by
providing
that
at
the
28
time
of
sentencing,
the
court
shall
determine
when
a
person
29
convicted
of
arson
in
the
first
degree
as
described
in
Code
30
section
902.12(4)
shall
first
become
eligible
for
parole
or
31
work
release
within
the
parameters
specified
in
Code
section
32
902.12(3)
based
upon
all
pertinent
information
including
the
33
person’s
criminal
record,
a
validated
risk
assessment,
and
the
34
negative
impact
the
offense
has
had
on
the
victim
or
other
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persons.
1
MINIMUM
SENTENCE
FOR
CERTAIN
FELONIES
——
ELIGIBILITY
FOR
2
PAROLE
OR
WORK
RELEASE.
The
division
amends
Code
section
3
902.12
by
providing
that
a
person
serving
a
sentence
for
a
4
conviction
for
arson
in
the
first
degree
in
violation
of
Code
5
section
712.2
that
occurs
on
or
after
July
1,
2019,
shall
6
be
denied
parole
or
work
release
until
the
person
has
served
7
between
one-half
and
seven-tenths
of
the
maximum
term
of
the
8
person’s
sentence
as
determined
under
Code
section
901.11(4).
9
DIVISION
VII
——
LIMITATION
OF
CRIMINAL
ACTIONS.
10
SEXUAL
ABUSE
——
FIRST,
SECOND,
OR
THIRD
DEGREE.
This
11
division
amends
Code
section
802.2
to
provide
that
an
12
information
or
indictment
for
sexual
abuse
in
the
first,
13
second,
or
third
degree
committed
on
or
with
a
person
who
is
14
under
the
age
of
18
years
shall
be
found
within
15
years
of
the
15
offense.
16
INCEST
——
SEXUAL
EXPLOITATION
BY
A
COUNSELOR,
THERAPIST,
OR
17
SCHOOL
EMPLOYEE.
The
division
amends
Code
section
802.2A
to
18
provide
that
an
information
or
indictment
for
incest
under
Code
19
section
726.2
committed
on
or
with
a
person
who
is
under
the
20
age
of
18
shall
be
found
within
15
years
after
the
commission
21
of
the
offense,
and
an
indictment
or
information
for
sexual
22
exploitation
by
a
counselor,
therapist,
or
school
employee
23
under
Code
section
709.15
committed
on
or
with
a
person
who
24
is
under
the
age
of
18
shall
be
found
within
15
years
after
25
the
commission
of
the
offense.
An
information
or
indictment
26
for
any
other
sexual
exploitation
shall
be
found
within
10
27
years
of
the
date
the
victim
was
last
treated
by
the
counselor
28
or
therapist,
or
within
10
years
of
the
date
the
victim
was
29
enrolled
in
or
attended
the
school.
30
DIVISION
VIII
——
STATE
AND
COUNTY
MEDICAL
EXAMINER
DEATH
31
REPORTS
AND
INVESTIGATIONS.
Currently,
the
report
of
an
32
investigation
by
the
state
medical
examiner
or
county
medical
33
examiner
and
the
record
and
report
of
an
autopsy
shall
be
34
received
as
evidence
in
court
or
other
proceedings,
except
that
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statements
by
witnesses
or
other
persons
and
conclusions
on
1
extraneous
matters
included
in
the
report
are
inadmissible.
2
This
division
provides
that
the
report
of
an
investigation
made
3
by
the
state
medical
examiner
or
county
medical
examiner
shall
4
be
admissible
in
court
including
any
findings
of
the
state
5
medical
examiner
or
county
medical
examiner
and
any
information
6
provided
by
a
county
attorney
or
law
enforcement
agency,
if
7
the
information
is
otherwise
admissible
under
the
Iowa
rules
8
of
evidence.
9
The
division
provides
that
in
formulating
findings
and
10
conclusions
regarding
the
cause
or
manner
of
death,
the
state
11
medical
examiner
or
county
medical
examiner
shall
be
allowed
12
to
rely
upon
and
include
in
the
report
of
an
investigation
any
13
information
provided
to
the
medical
examiner
by
an
attorney,
14
law
enforcement
agency,
witness,
or
any
person
with
relevant
15
information.
16
Additionally,
in
conducting
an
investigation
or
autopsy,
17
including
but
not
limited
to
developing
a
clinical
history
18
of
the
decedent
and
formulating
findings
and
conclusions
or
19
forming
opinions
as
to
the
cause
and
manner
of
death,
the
20
state
medical
examiner
or
county
medical
examiner
may
use
any
21
information
provided
or
available
for
review,
including
but
not
22
limited
to
information
or
statements
by
a
witness,
a
suspect,
23
or
any
other
person
with
information
which
is
provided
by
or
24
obtained
in
the
course
of
a
law
enforcement
investigation.
25
Information
or
statements
used
by
the
medical
examiner
in
26
making
the
findings,
conclusions,
and
opinions
may
be
included
27
in
the
report
of
the
medical
examiner.
A
court
shall
not
28
exclude
the
report
or
opinion
on
the
basis
that
the
medical
29
examiner
relied
on
information
from
other
persons
or
from
a
30
law
enforcement
agency
in
forming
that
report
or
opinion.
31
Admission
of
such
a
report
or
opinion
shall
not
constitute
32
reversible
error.
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