SF 589 (LSB 1084SV (1) 88)

SENATE FILE 589

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 405)

A BILL FOR

An Act relating to criminal law and procedure including certain related administrative proceedings, providing penalties, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
EXPUNGEMENTS

    Section 1.  Section 123.46, subsection 6, Code 2019, is amended to read as follows:
   6.  Upon the expiration of two years following conviction for a violation of this section and a violation or of a similar local ordinance that arose from the same transaction or occurrence, a person may petition the court to expunge the conviction including the conviction for a violation of a local ordinance that arose from the same transaction or occurrence, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence shall be expunged as a matter of law. The court shall enter an order that the record of the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence has been expunged, the record of conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
    Sec. 2.  NEW SECTION.  901C.3  Misdemeanor —— expungement.
   1.  Upon application of a defendant convicted of a misdemeanor offense in the county where the conviction occurred, the court shall enter an order expunging the record of such a criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   2.  The following misdemeanors shall not be expunged:
   a.  A conviction under section 123.46.
   b.  A simple misdemeanor conviction under section 123.47, subsection 3, or similar local ordinance. 
   c.  A conviction for dependent adult abuse under section 235B.20.
   d.  A conviction under section 321.218, 321A.32, or 321J.21.
   e.  A conviction under section 321J.2.
   f.  A conviction for a sex offense as defined in section 692A.101.
   g.  A conviction for involuntary manslaughter under section 707.5.
   h.  A conviction for assault under section 708.2, subsection 3.
   i.  A conviction under section 708.2A.
   j.  A conviction for harassment under section 708.7.
   k.  A conviction for stalking under section 708.11.
   l.  A conviction for removal of an officer’s communication or control device under section 708.12.
   m.  A conviction for trespass under section 716.8, subsection 3 or 4.
   n.  A conviction under chapter 717C.
   o.  A conviction under chapter 719.
   p.  A conviction under chapter 720.
   q.  A conviction under section 721.2.
   r.  A conviction under section 721.10.
   s.  A conviction under section 723.1. 
   t.  A conviction under chapter 724.
   u.  A conviction under chapter 726.
   v.  A conviction under chapter 728.
   w.  A conviction under chapter 901A.
   x.  A conviction for a comparable offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4).
   y.  A conviction under prior law of an offense comparable to an offense enumerated in this subsection.
   z.  The defendant is the subject of a protective order or a no-contact order.
   aa.  The defendant has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under chapter 321 or of a similar local ordinance.
   ab.  The defendant has previously been granted two deferred judgments.
   3.  A person shall be granted an expungement of a record under this section one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.
   4.  The expunged record under this section is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court upon court order.
   5.  Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged under subsection 1, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
   6.  The supreme court may prescribe rules governing the procedures applicable to the expungement of a criminal case under this section.
   7.  This section applies to a misdemeanor conviction that occurred prior to, on, or after July 1, 2019.
DIVISION II
ROBBERY

    Sec. 3.  Section 711.3, Code 2019, is amended to read as follows:
   711.3  Robbery in the second degree.
   All robbery which is not robbery in the first degree is robbery in the second degree, except as provided in section 711.3A. Robbery in the second degree is a class “C” felony.
    Sec. 4.  Section 901.11, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 2A, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2A, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 
    Sec. 5.  Section 902.12, subsection 1, paragraph e, Code 2019, is amended to read as follows:
   e.  Robbery in the first or second degree in violation of section 711.2 or 711.3, except as determined in subsection 3.
    Sec. 6.  Section 902.12, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A person serving a sentence for a conviction for robbery in the first degree in violation of section 711.2 for a conviction that occurs on or after July 1, 2018, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 2A.
    Sec. 7.  REPEAL.  Section 711.3A, Code 2019, is repealed.
DIVISION III
PROPERTY CRIMES —— VALUE

    Sec. 8.  Section 712.3, Code 2019, is amended to read as follows:
   712.3  Arson in the second degree.
   Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five seven hundred fifty dollars. Arson in the second degree is a class “C” felony.
    Sec. 9.  Section 714.2, Code 2019, is amended to read as follows:
   714.2  Degrees of theft.
   1.  The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property which has been removed from a building because of a physical disaster, riot, bombing, or the proximity of battle, is theft in the first degree. Theft in the first degree is a class “C” felony.
   2.  The theft of property exceeding one thousand five hundred dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand dollars in value, is theft in the second degree. Theft in the second degree is a class “D” felony. However, for purposes of this subsection, “motor vehicle” does not include a motorized bicycle as defined in section 321.1, subsection 40, paragraph “b”.
   3.  The theft of property exceeding five seven hundred fifty dollars but not exceeding one thousand five hundred dollars in value, or the theft of any property not exceeding five hundred dollars in value by one who has before been twice convicted of theft, is theft in the third degree. Theft in the third degree is an aggravated misdemeanor.
   4.  The theft of property exceeding two three hundred dollars in value but not exceeding five seven hundred fifty dollars in value is theft in the fourth degree. Theft in the fourth degree is a serious misdemeanor.
   5.  The theft of property not exceeding two three hundred dollars in value is theft in the fifth degree. Theft in the fifth degree is a simple misdemeanor.
    Sec. 10.  Section 714.3A, subsection 1, Code 2019, is amended to read as follows:
   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 two 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.
    Sec. 11.  Section 714.7B, subsection 6, paragraphs a and b, Code 2019, are amended to read as follows:
   a.  A simple misdemeanor if the value of the goods, wares, or merchandise does not exceed two three hundred dollars.
   b.  A serious misdemeanor if the value of the goods, wares, or merchandise exceeds two three hundred dollars.
    Sec. 12.  Section 714.10, subsection 1, Code 2019, is amended to read as follows:
   1.  Fraudulent practice in the second degree is the following:
   a.  A fraudulent practice where the amount of money or value of property or services involved exceeds one thousand five hundred dollars but does not exceed ten thousand dollars.
   b.  A fraudulent practice where the amount of money or value of property or services involved does not exceed one thousand five hundred dollars by one who has been convicted of a fraudulent practice twice before.
    Sec. 13.  Section 714.11, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  A fraudulent practice where the amount of money or value of property or services involved exceeds five seven hundred fifty dollars but does not exceed one thousand five hundred dollars.
    Sec. 14.  Section 714.12, Code 2019, is amended to read as follows:
   714.12  Fraudulent practice in the fourth degree.
   1.  Fraudulent practice in the fourth degree is a fraudulent practice where the amount of money or value of property or services involved exceeds two three hundred dollars but does not exceed five seven hundred fifty dollars.
   2.  Fraudulent practice in the fourth degree is a serious misdemeanor.
    Sec. 15.  Section 714.13, Code 2019, is amended to read as follows:
   714.13  Fraudulent practice in the fifth degree.
   1.  Fraudulent practice in the fifth degree is a fraudulent practice where the amount of money or value of property or services involved does not exceed two three hundred dollars.
   2.  Fraudulent practice in the fifth degree is a simple misdemeanor.
    Sec. 16.  Section 715A.6, subsection 2, paragraphs b and c, Code 2019, are amended to read as follows:
   b.  If the value of the property or services secured or sought to be secured by means of the credit card is greater than one thousand five hundred dollars but not more than ten thousand dollars, an offense under this section is a class “D” felony. 
   c.  If the value of the property or services secured or sought to be secured by means of the credit card is one thousand five hundred dollars or less, an offense under this section is an aggravated misdemeanor.
    Sec. 17.  Section 715A.8, subsection 3, paragraphs b and c, Code 2019, are amended to read as follows:
   b.  If the value of the credit, property, services, or other benefit exceeds one thousand five hundred dollars but does not exceed ten thousand dollars, the person commits a class “D” felony. 
   c.  If the value of the credit, property, services, or other benefit does not exceed one thousand five hundred dollars, the person commits an aggravated misdemeanor.
    Sec. 18.  Section 716.4, subsection 1, Code 2019, is amended to read as follows:
   1.  Criminal mischief is criminal mischief in the second degree if the cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds one thousand five hundred dollars but does not exceed ten thousand dollars.
    Sec. 19.  Section 716.5, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds five seven hundred fifty dollars, but does not exceed one thousand five hundred dollars.
    Sec. 20.  Section 716.6, subsection 1, paragraph a, subparagraph (1), Code 2019, is amended to read as follows:
   (1)  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds two three hundred dollars, but does not exceed five seven hundred fifty dollars.
    Sec. 21.  Section 716.8, subsections 2 and 4, Code 2019, are amended to read as follows:
   2.  Any person committing a trespass as defined in section 716.7, other than a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), which results in injury to any person or damage in an amount more than two three hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
   4.  A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than two three hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.
    Sec. 22.  Section 716.10, subsection 2, paragraphs d, e, f, and g, Code 2019, are amended to read as follows:
   d.  A person commits railroad vandalism in the fourth degree if the person intentionally commits railroad vandalism which results in property damage which costs ten thousand dollars or less but more than one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in the fourth degree is a class “D” felony.
   e.  A person commits railroad vandalism in the fifth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than five seven hundred fifty dollars but does not exceed one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in the fifth degree is an aggravated misdemeanor.
   f.  A person commits railroad vandalism in the sixth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than one three hundred dollars but does not exceed five seven hundred fifty dollars to replace, repair, or restore. Railroad vandalism in the sixth degree is a serious misdemeanor.
   g.  A person commits railroad vandalism in the seventh degree if the person intentionally commits railroad vandalism which results in property damage which costs one three hundred dollars or less to replace, repair, or restore. Railroad vandalism in the seventh degree is a simple misdemeanor.
    Sec. 23.  Section 716A.2, subsection 2, paragraph b, Code 2019, is amended to read as follows:
   b.  The revenue generated from a specific unsolicited bulk electronic mail transmission exceeds one thousand five hundred dollars or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider by the person exceeds fifty thousand dollars.
DIVISION IV
THEFT, FRAUD, AND FORGERY REVISIONS

    Sec. 24.  NEW SECTION.  714.2A  Consolidation of theft offenses.
   For purposes of charging a person with theft, any conduct specified as theft in section 714.1, subsections 1 through 10, constitutes a single offense of theft embracing the separated offenses of theft known as taking, misappropriation, theft by deception, possession or receipt of stolen property, fraudulent conversion, check fraud, theft from a public utility, unlawful access to a computer, theft of video rental property, and other similar offenses related to theft. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under sections 714.1, subsections 1 through 10, notwithstanding the specification of a different manner in the complaint, indictment, or information, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or surprise.
    Sec. 25.  Section 715A.2, subsection 2, paragraph a, Code 2019, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (5)  A driver’s license, nonoperator’s identification card, birth certificate, or occupational license or certificate in support of an occupational license issued by a department, agency, board, or commission in this state.
    Sec. 26.  Section 715A.2A, subsection 1, paragraphs a and b, Code 2019, are amended to read as follows:
   a.  Hires a person when the employer or an agent or employee of the employer knows that the document evidencing the person’s authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4) or (5), or knows that the person is not authorized to be employed in the United States.
   b.  Continues to employ a person when the employer or an agent or employee of the employer knows that the document evidencing the person’s authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4) or (5), or knows that the person is not authorized to be employed in the United States.
    Sec. 27.  Section 802.5, Code 2019, is amended to read as follows:
   802.5  Extension for fraud, fiduciary breach.
   1.  If the periods prescribed in sections 802.3 and 802.4 have expired, prosecution may nevertheless be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three five years.
   2.  A prosecution may be commenced under this section as long as the appropriate law enforcement agency has not delayed the investigation in bad faith. This subsection shall not be construed to require a law enforcement agency to pursue an unknown offender with due diligence.
DIVISION V
CRIMINAL PROCEEDINGS

    Sec. 28.  Section 814.6, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  A final judgment of sentence, except in case of the following cases: 
   (1)  A simple misdemeanor and ordinance violation convictions conviction.
   (2)  An ordinance violation.
   (3)  A conviction where the defendant has pled guilty. This subparagraph does not apply to a guilty plea for a class “A” felony.
    Sec. 29.  Section 814.6, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  An order denying a motion in arrest of judgment on grounds other than an ineffective assistance of counsel claim.
    Sec. 30.  NEW SECTION.  814.6A  Pro se filings by defendant currently represented by counsel.
   1.  A defendant who is currently represented by counsel shall not file any pro se document, including a brief, reply brief, or motion, in any Iowa appellate court. The appellate court shall not consider, and opposing counsel shall not respond to, such pro se filings. 
   2.  This section does not prohibit a defendant from proceeding without the assistance of counsel. 
   3.  A defendant currently represented by counsel may file a pro se motion seeking disqualification of the counsel, which a court may grant upon a showing of good cause. 
    Sec. 31.  Section 814.7, Code 2019, is amended to read as follows:
   814.7  Ineffective assistance claim on appeal in a criminal case.
   1.  An ineffective assistance of counsel claim in a criminal case shall be determined by filing an application for postconviction relief pursuant to chapter 822, except as otherwise provided in this section. The claim need not be raised on direct appeal from the criminal proceedings in order to preserve the claim for postconviction relief purposes, and the claim shall not be decided on direct appeal from the criminal proceedings.
   2.  A party may, but is not required to, raise an ineffective assistance claim on direct appeal from the criminal proceedings if the party has reasonable grounds to believe that the record is adequate to address the claim on direct appeal.
   3.  If an ineffective assistance of counsel claim is raised on direct appeal from the criminal proceedings, the court may decide the record is adequate to decide the claim or may choose to preserve the claim for determination under chapter 822.
    Sec. 32.  NEW SECTION.  814.28  General verdicts.
   When the prosecution relies on multiple or alternative theories to prove the commission of a public offense, a jury may return a general verdict. If the jury returns a general verdict, an appellate court shall not set aside or reverse such a verdict on the basis of a defective or insufficient theory if one or more of the theories presented and described in the complaint, information, indictment, or jury instruction is sufficient to sustain the verdict on at least one count.
    Sec. 33.  NEW SECTION.  814.29  Guilty pleas —— challenges.
   If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the plea shall not be vacated unless the defendant demonstrates that the defendant more likely than not would not have pled guilty if the defect had not occurred. The burden applies whether the challenge is made through a motion in arrest of judgment or on appeal. Any provision in the Iowa rules of criminal procedure that are inconsistent with this section shall have no legal effect.
    Sec. 34.  NEW SECTION.  822.3A  Claim of ineffective assistance of counsel.
   An ineffective assistance of counsel claim contained in an application is not a ground of fact or law that could not have been raised within the applicable time period for purposes of section 822.3.
    Sec. 35.  NEW SECTION.  822.3B  Pro se filings by applicants currently represented by counsel.
   1.  An applicant seeking relief under section 822.2 who is currently represented by counsel shall not file any pro se document, including an application, brief, reply brief, or motion, in any Iowa district or appellate court. The district or appellate court shall not consider, and opposing counsel shall not respond to, such pro se filings. 
   2.  This section does not prohibit an applicant for postconviction relief from proceeding without the assistance of counsel. 
   3.  A represented applicant for postconviction relief may file a pro se motion seeking disqualification of counsel, which a court may grant upon a showing of good cause. 
    Sec. 36.  Section 822.6, subsection 1, Code 2019, is amended to read as follows:
   1.  Within thirty days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.
    Sec. 37.  NEW SECTION.  901.4B  Presentence determinations and statements.
   1.  Before imposing sentence, the court shall do all of the following:
   a.  Verify that the defendant and the defendant’s attorney have read and discussed the presentence investigation report and any addendum to the report.
   b.  Provide the defendant’s attorney an opportunity to speak on the defendant’s behalf.
   c.  Address the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the defendant’s sentence.
   d.  Provide the prosecuting attorney an opportunity to speak.
   2.  After hearing any statements presented pursuant to subsection 1, and before imposing sentence, the court shall address any victim of the crime who is present at the sentencing and shall allow any victim to be reasonably heard, including, but not limited to, by presenting a victim impact statement in the manner described in section 915.21.
   3.  For purposes of this section “victim” means the same as defined in section 915.10.
DIVISION VI
ARSON

    Sec. 38.  Section 901.11, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
    Sec. 39.  Section 902.12, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person serving a sentence for a conviction for arson in the first degree in violation of section 712.2 that occurs on or after July 1, 2019, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 4.
DIVISION VII
LIMITATION OF CRIMINAL ACTIONS

    Sec. 40.  Section 802.2, subsection 1, Code 2019, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten fifteen years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
    Sec. 41.  Section 802.2A, Code 2019, is amended to read as follows:
   802.2A  Incest —— sexual exploitation by a counselor, therapist, or school employee.
   1.  An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen shall be found within ten fifteen years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other incest shall be found within ten years after its commission.
   2.  An indictment or information for sexual exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age of eighteen shall be found within ten fifteen years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.
DIVISION VIII
STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND INVESTIGATIONS

    Sec. 42.  Section 331.802, subsection 5, Code 2019, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  In formulating findings and conclusions regarding the cause and manner of death, the state medical examiner or county medical examiner shall be allowed to rely upon and include in the report referred to in subsection 2, paragraph “a”, any information provided by an attorney, law enforcement agency, witness, or any person with relevant information to the medical examiner conducting the autopsy.
   NEW PARAGRAPH.  d.  The state medical examiner or county medical examiner may rely upon and consider statements by witnesses or other persons for purposes of developing a clinical history of the decedent that preceded death when formulating findings and conclusions on the cause and cause or manner of death. A court shall not exclude a medical examiner’s opinion as to the cause of death on the basis that the medical examiner relied on out-of-court statements in forming that opinion, and such an opinion shall not constitute reversible error.
    Sec. 43.  Section 331.802, subsection 6, Code 2019, is amended to read as follows:
   6.  a.  The report of an investigation made by the state medical examiner or a county medical examiner and the record and report of an autopsy made under this section or chapter 691, shall be received as evidence in any court or other proceedings, except that statements by witnesses or other persons and conclusions on extraneous matters included in the report are not admissible including any findings of the state medical examiner or county medical examiner and any information provided by an attorney, investigative agency, or witness, and any report deemed necessary by the medical examiner to accurately certify the cause and manner of death which are included in the report of the medical examiner if the information is admissible under the Iowa rules of evidence or have otherwise been substantially admitted into evidence. The person preparing a report or record given in evidence may be subpoenaed as a witness in any civil or criminal case by any party to the cause. A copy of a record, photograph, laboratory finding, or record in the office of the state medical examiner or any medical examiner, when attested to by the state medical examiner or a staff member or the medical examiner in whose office the record, photograph, or finding is filed, shall be received as evidence in any court or other proceedings for any purpose for which the original could be received without proof of the official character of the person whose name is signed to it.
   b.  In conducting an investigation or autopsy under this part, including but not limited to developing a clinical history of the decedent and formulating findings and conclusions or forming opinions as to the cause and manner of death, the state medical examiner or county medical examiner may use any information provided or available for review, including but not limited to information or statements by a witness, a suspect, or any other person with information which is provided by or obtained in the course of a law enforcement investigation. Such information or statements which the medical examiner has used in making the findings, conclusions, and opinions may also be included in the report of the medical examiner. A court shall not exclude the medical examiner’s report or opinion as to the cause or manner of death on the basis that the medical examiner relied on information from other persons or from a law enforcement agency in forming that report or opinion. Admission of such a report or opinion shall not constitute reversible error.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal law and procedure including certain related administrative proceedings, provides penalties, and includes effective date provisions.
   DIVISION I —— EXPUNGEMENTS. This division relates to the expungement of records of certain misdemeanor offenses. 
   The division strikes a provision in Code section 123.46 relating to the expungement of a conviction for public intoxication allowing for the expungement of a local ordinance violation that arose out of the same transaction or occurrence of a conviction under Code section 123.46.
   The division provides that upon the application of a defendant convicted of a misdemeanor in the county where the defendant’s conviction occurred, the court shall enter an order expunging the record of such criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   The division provides that the following misdemeanors shall not be expunged: simple misdemeanor convictions under Code sections 123.46 (consumption or intoxication in public places) and 123.47(3) (alcohol consumption by persons under legal age) or similar local ordinances, because expungement procedures already exist for both offenses; convictions for dependent adult abuse under Code section 235B.20; convictions for operating a motor vehicle with an invalid driver’s license under Code section 321.218, 321A.32, or 321J.21; convictions for operating while intoxicated under Code section 321J.2; convictions for sex offenses as defined in Code section 692A.101; a conviction for involuntary manslaughter under Code section 707.5; a conviction for assault involving a dangerous weapon under Code section 708.2(3); convictions for domestic abuse assault under Code section 708.2A; convictions for harassment under Code section 708.7; a conviction for stalking under Code section 708.11; convictions for removal of an officer’s communication or control device under Code section 708.12; convictions for trespass under Code section 716.8(3) or (4); convictions for bestiality under Code section 717C.1; convictions under Code chapter 719 (obstructing justice); convictions under Code chapter 720 (interference with judicial process); convictions under Code section 721.2 (nonfelonious conduct in office); convictions under Code section 721.10 (misuse of public records and files); convictions under Code section 723.1 (riot); convictions under Code chapter 724 (weapons); convictions under Code chapter 726 (protections of the family and dependent persons); convictions under Code chapter 728 (obscenity); convictions under Code chapter 901A (sexually predatory offenses); a conviction for a comparable offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4) (commercial driver’s licenses); and any conviction under prior law of an offense comparable to an offense enumerated in the bill. In addition, the bill does not apply to a defendant who is the subject of a protective order or a no-contact order; a defendant who has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under Code chapter 321 or of a similar local ordinance; or a defendant who has previously been granted two deferred judgments.
   The division prohibits a person from applying more than once for an expungement of the person’s record. A person shall be granted an expungement of a record only one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.
   The division provides that the expunged record under the bill is a confidential record exempt from public access under Code section 22.7 but shall be made available by the clerk of the district court upon court order.
   The division also provides that after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
   The division provides that the supreme court may prescribe rules governing expungement procedures applicable to criminal cases pursuant to the division.
   The division applies to misdemeanor convictions that occur prior to, on, or after July 1, 2019.
   DIVISION II —— ROBBERY. This division provides that a person serving a sentence for a conviction for robbery in the first degree for a conviction that occurs on or after July 1, 2018, shall serve between 50 and 70 percent of a 25-year class “B” felony sentence prior to being eligible for parole or work release. In determining when the person is first eligible for parole or work release within such parameters, the sentencing court shall base its determination upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 
   The division does not modify the earned time provisions related to the commission of robbery in the first degree, as a person who commits robbery in the first degree is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the person under Code section 903A.2.
   Under current law and the division, felonious robbery is also classified as a “forcible felony” under Code section 702.11, and a person convicted of felonious robbery is prohibited from receiving a suspended or deferred sentence or deferred judgment pursuant to Code section 907.3. 
   The division repeals the offense of robbery in the third degree, an aggravated misdemeanor. A person commits robbery in the third degree when, while perpetrating a robbery, the person commits a simple misdemeanor assault in violation of Code section 708.2(6). 
   DIVISION III —— PROPERTY CRIMES —— VALUE. This division increases the value of damaged or stolen property or services necessary to commit certain levels of numerous criminal offenses. 
   THEFT. The division increases the value of property necessary for a person to commit theft in the second degree from property exceeding $1,000 but not more than $10,000 to property exceeding $1,500 but not more than $10,000. Theft in the second degree is a class “D” felony. 
   The division increases the value of property necessary for a person to commit theft in the third degree from property exceeding $500 but not more than $1,000 to property exceeding $750 but not more than $1,500. Theft in the third degree is an aggravated misdemeanor. 
   The division increases the value of property necessary for a person to commit theft in the fourth degree from property exceeding $200 but not more than $500 to property exceeding $300 but not more than $750. Theft in the fourth degree is a serious misdemeanor. 
   The division increases the value of property necessary for a person to commit theft in the fifth degree from property not exceeding $200 to property not exceeding $300. Theft in the fifth degree is a simple misdemeanor. 
   AGGRAVATED THEFT. The division increases the value of property necessary for a person to commit aggravated theft from property not exceeding $200 to property not exceeding $300. Aggravated theft is an aggravated misdemeanor or a class “D” felony depending upon the circumstances of the crime. Under current law, a person commits aggravated theft when the person commits a simple assault after the person has removed or attempted to remove property not exceeding $200.
   THEFT DETECTION DEVICES —— SHIELD OR REMOVAL. The division increases the value of property necessary for a person to commit a serious misdemeanor for removal of a theft detection device from property exceeding $200 in value to property exceeding $300 in value. The division increases the value of property necessary for a person to commit a simple misdemeanor for removal of a theft detection device from property not exceeding $200 in value to property not exceeding $300 in value. 
   FRAUDULENT PRACTICE. Fraudulent practice is defined in Code section 714.8. The division increases the value of property or services necessary for a person to commit fraudulent practice in the second degree from property or services exceeding $1,000 but not more than $10,000 to property exceeding $1,500 but not more than $10,000. Fraudulent practice in the second degree is a class “D” felony. 
   The division increases the value of property or services necessary for a person to commit fraudulent practice in the third degree from property or services exceeding $500 but not more than $1,000 to property or services exceeding $750 but not more than $1,500. Fraudulent practice in the third degree is an aggravated misdemeanor. 
   The division increases the value of property or services necessary for a person to commit fraudulent practice in the fourth degree from property or services exceeding $200 but not more than $500 to property or services exceeding $300 but not more than $750. Fraudulent practice in the fourth degree is a serious misdemeanor. 
   The division increases the value of property or services necessary for a person to commit fraudulent practice in the fifth degree from property or services not exceeding $200 to property or services not exceeding $300. Fraudulent practice in the fifth degree is a simple misdemeanor. 
   CREDIT CARDS. Under current law, a person commits the class “D” felony offense of credit card fraud when a person illegally secures or seeks to secure property or services by means of a credit card and the value of the property or services is greater than $1,000 but not more than $10,000. The division increases the minimum value of property or services necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. 
   Under current law, a person commits the aggravated misdemeanor offense of credit card fraud when a person illegally secures or seeks to secure property or services by means of a credit card and the value of the property or services is $1,000 or less. The division increases the maximum value of property or services necessary for a person to commit such an aggravated misdemeanor offense from $1,000 to $1,500. 
   IDENTITY THEFT. Under current law, a person commits the class “D” felony offense of identity theft when a person fraudulently uses or fraudulently attempts to use identification information of another person, with the intent to obtain credit, property, services, or other benefit, and the value of the credit, property, services, or other benefit exceeds $1,000 but does not exceed $10,000. The division increases the minimum value necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. 
   Under current law, a person commits the aggravated misdemeanor offense of identity theft when a person fraudulently uses or fraudulently attempts to use identification information of another person, with the intent to obtain credit, property, or services, or other benefit, and the value of the credit, property, services, or other benefit exceeds $1,000 but does not exceed $10,000. The division increases the minimum value necessary for a person to commit such an aggravated misdemeanor offense from $1,000 to $1,500. 
   CRIMINAL MISCHIEF. The division increases the value of damaged property that is necessary to commit criminal mischief in the second degree from damaged property exceeding $1,000 but not more than $10,000 to damaged property exceeding $1,500 but not more than $10,000. Criminal mischief in the second degree is a class “D” felony. 
   The division increases the value of damaged property that is necessary to commit criminal mischief in the third degree from damaged property exceeding $500 but not more than $1,000 to damaged property exceeding $750 but not more than $1,500. Criminal mischief in the third degree is an aggravated misdemeanor. 
   The division increases the value of damaged property that is necessary to commit criminal mischief in the fourth degree from damaged property exceeding $200 but not more than $500 to damaged property exceeding $300 but not more than $750. Criminal mischief in the fourth degree is a serious misdemeanor. 
   The division increases the value of damaged property that is necessary to commit criminal mischief in the fifth degree from damaged property not exceeding $200 to damaged property not exceeding $300. Criminal mischief in the fifth degree is a simple misdemeanor. 
   TRESPASS. The division increases the value of damaged property that is necessary to commit a serious misdemeanor trespass offense from damaged property of more than $200 to damaged property of more than $300. 
   The division increases the value of damaged property that is necessary to commit an aggravated misdemeanor trespass offense involving a hate crime from damaged property of more than $200 to damaged property of more than $300.
   RAILROAD VANDALISM. The division increases the value of damaged property that is necessary to commit railroad vandalism in the fourth degree from damaged property exceeding $1,000 but not more than $10,000 to damaged property exceeding $1,500 but not more than $10,000. Railroad vandalism in the fourth degree is a class “D” felony. 
   The division increases the value of damaged property that is necessary to commit railroad vandalism in the fifth degree from damaged property exceeding $500 but not more than $1,000 to damaged property exceeding $750 but not more than $1,500. Railroad vandalism in the fifth degree is an aggravated misdemeanor. 
   The division increases the value of damaged property that is necessary to commit railroad vandalism in the sixth degree from damaged property exceeding $200 but not more than $500 to damaged property exceeding $300 but not more than $750. Railroad vandalism in the sixth degree is a serious misdemeanor. 
   The division increases the value of damaged property that is necessary to commit railroad vandalism in the seventh degree from damaged property not exceeding $200 to damaged property not exceeding $300. Railroad vandalism in the seventh degree is a simple misdemeanor.
   TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).  Under current law, a person commits the class “D” felony offense of transmission of unsolicited bulk email when the revenue generated from such a transmissions exceeds $1,000. The division increases the minimum value necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500.
   DIVISION IV —— THEFT, FRAUD, AND FORGERY REVISIONS. 
   THEFT OFFENSES —— CONSOLIDATION. This division creates new Code section 714.2A relating to the consolidation of theft offenses. The division provides that for purposes of charging a person with theft, any conduct specified as theft in Code section 714.1(1) through (10), constitutes a single offense of theft embracing the separated offenses of theft known as taking, misappropriation, theft by deception, possession or receipt of stolen property, fraudulent conversion, check fraud, theft from a public utility, unlawful access to a computer, theft of video rental property, and other similar offenses related to theft. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under Code section 714.1(1) through (10), notwithstanding the specification of a different manner of theft in the complaint, indictment, or information, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or surprise.
   DEFINITION OF FORGERY. The division amends Code section 715A.2(2) relating to forgery. Under the division, a person commits forgery when the person possesses a writing that is or purports to be a driver’s license, nonoperator’s identification card, birth certificate, or occupational license or certificate in support of an occupational license issued by a department, agency, board, or commission in this state. A person who forges such a document commits a class “D” felony. By amending the definition of forgery, the division also changes the circumstances under which an employer is subject to a civil penalty for hiring a person who commits such a forgery, pursuant to Code section 715A.2A (accommodation of forgery). 
   STATUTE OF LIMITATIONS —— FRAUD OR BREACH OF FIDUCIARY OBLIGATION. The division amends Code section 802.5 relating to extending the periods of time a prosecution may be brought against a person for any offense involving a material element of fraud or a breach of fiduciary obligation. Under current law, a prosecution may be brought within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense. The division specifies that such a prosecution may be brought within five years. 
   DIVISION V —— CRIMINAL PROCEEDINGS.
   DEFENDANT RIGHT TO APPEAL. This division amends Code section 814.6(1) by prohibiting the right to appeal to a defendant who has pled guilty to a criminal offense except this prohibition does not apply to a defendant who pleads guilty to a class “A” felony. The right to appeal means that an appellate court cannot deny a defendant’s statutory or constitutional right to have the defendant’s case reviewed on appeal.
   The division amends Code section 814.6(2) by specifying that discretionary review by an appellate court applies to an order denying a motion in arrest of judgment on grounds other than an ineffective assistance claim. Under current law, discretionary review applies to an order suppressing or admitting evidence, an order granting or denying a motion for a change of venue, an order denying probation, simple misdemeanor and ordinance violations, and an order raising a question of law important to the judiciary and the profession. Discretionary review is the process by which an appellate court may exercise its discretion to review specified matters not subject to appeal as a matter of right.
   PRO SE FILINGS BY DEFENDANT CURRENTLY REPRESENTED BY COUNSEL. The division creates new Code section 814.6A relating to pro se filings by defendants currently represented by counsel. The bill provides that a defendant who is currently represented by counsel shall not file any pro se document in any Iowa appellate court. The appellate court shall not consider, and opposing counsel shall not respond to, such pro se filings. The division does not prohibit a defendant from proceeding without the assistance of counsel. A defendant currently represented by counsel may file a pro se motion seeking disqualification of the counsel, which a court may grant upon a showing of good cause. 
   INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The division amends Code section 814.7 relating to an ineffective assistance claim on appeal in a criminal case. The division prohibits an ineffective assistance claim being raised and decided on direct appeal from the criminal proceedings. Under current law, such a claim may be raised on direct appeal from the criminal proceedings if the record at the trial level is sufficient. Generally, an ineffective assistance of counsel claim is raised on appeal by a criminal defendant alleging the defendant’s attorney was so incompetent it deprived the defendant the constitutional right to assistance of counsel. 
   APPEALS FROM THE DISTRICT COURT —— GENERAL VERDICT.  The division creates new Code section 814.28 relating to general verdicts. When the prosecution relies on multiple or alternative theories to prove the commission of a public offense, a jury may return a general verdict. If the jury returns a general verdict, the division specifies that a court shall not set aside or reverse such a verdict on the basis of a defective or insufficient theory if one or more of the theories presented and described in the complaint, information, indictment, or jury instruction is sufficient to sustain the verdict on at least one count. 
   GUILTY PLEAS —— CHALLENGES. If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the division provides that the plea shall not be vacated unless the defendant demonstrates it is more likely than not that the defendant would not have pled guilty if the defect had not occurred. The burden applies whether the challenge is made by motion in arrest of judgment or in a challenge on appeal. Any provision in the Iowa rules of criminal procedure that are inconsistent with this provision shall have no legal effect.
   POSTCONVICTION RELIEF. The division provides that an ineffective assistance of counsel claim contained in an application seeking postconviction relief is not a ground of fact or law that could not have been raised within the applicable time period for purposes of determining if an application is timely filed. 
   The division provides that an applicant seeking postconviction relief who is currently represented by counsel shall not file any pro se document in any Iowa district or appellate court. The district or appellate court shall not consider, and opposing counsel shall not respond to, such pro se filings. The bill does not prohibit an applicant for postconviction relief from proceeding without the assistance of counsel. A represented applicant for postconviction relief may file a pro se motion seeking disqualification of counsel, which a court may grant upon a showing of good cause. 
   The division strikes a provision that requires the respondent to an application for postconviction relief, to file an answer to the application with relevant portions of the record of the proceedings being challenged, if the applicant fails to file the application without the record of the proceedings being challenged.
   PRESENTENCE DETERMINATIONS AND STATEMENTS. The division creates new Code section 901.4B relating to presentence determinations and statements. At sentencing, the court shall verify that the defendant and the defendant’s attorney have read and discussed the presentence investigation report and any addendum to the report. Before imposing sentence, the court shall provide the defendant’s attorney an opportunity to speak on the defendant’s behalf, address the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the sentence, and provide the prosecuting attorney an opportunity to speak.
   After hearing any statements presented by the above, and before imposing sentence, the court is required to address any victim of the crime who is present at sentencing and permit any victim to be reasonably heard, including but not limited to by presenting a victim impact statement in the manner described in Code section 915.21. “Victim” means a person who has suffered physical, emotional, or financial harm as the result of a public offense or a delinquent act, other than a simple misdemeanor, committed in this state, or members of the victim’s family, and also includes the family members of a victim who died or was rendered incompetent as a result of the offense or who was under 18 years of age at the time of the offense.
   DIVISION VI —— ARSON.
   PAROLE OR WORK RELEASE ELIGIBILITY DETERMINATION —— CERTAIN DRUG, CHILD ENDANGERMENT, AND ROBBERY OFFENSES. This division amends Code section 901.11 by providing that at the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in Code section 902.12(4) shall first become eligible for parole or work release within the parameters specified in Code section 902.12(3) based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
   MINIMUM SENTENCE FOR CERTAIN FELONIES —— ELIGIBILITY FOR PAROLE OR WORK RELEASE. The division amends Code section 902.12 by providing that a person serving a sentence for a conviction for arson in the first degree in violation of Code section 712.2 that occurs on or after July 1, 2019, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under Code section 901.11(4).
   DIVISION VII —— LIMITATION OF CRIMINAL ACTIONS.
   SEXUAL ABUSE —— FIRST, SECOND, OR THIRD DEGREE. This division amends Code section 802.2 to provide that an information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of 18 years shall be found within 15 years of the offense. 
   INCEST —— SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR SCHOOL EMPLOYEE. The division amends Code section 802.2A to provide that an information or indictment for incest under Code section 726.2 committed on or with a person who is under the age of 18 shall be found within 15 years after the commission of the offense, and an indictment or information for sexual exploitation by a counselor, therapist, or school employee under Code section 709.15 committed on or with a person who is under the age of 18 shall be found within 15 years after the commission of the offense. An information or indictment for any other sexual exploitation shall be found within 10 years of the date the victim was last treated by the counselor or therapist, or within 10 years of the date the victim was enrolled in or attended the school.
   DIVISION VIII —— STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND INVESTIGATIONS. Currently, the report of an investigation by the state medical examiner or county medical examiner and the record and report of an autopsy shall be received as evidence in court or other proceedings, except that statements by witnesses or other persons and conclusions on extraneous matters included in the report are inadmissible. This division provides that the report of an investigation made by the state medical examiner or county medical examiner shall be admissible in court including any findings of the state medical examiner or county medical examiner and any information provided by a county attorney or law enforcement agency, if the information is otherwise admissible under the Iowa rules of evidence.
   The division provides that in formulating findings and conclusions regarding the cause or manner of death, the state medical examiner or county medical examiner shall be allowed to rely upon and include in the report of an investigation any information provided to the medical examiner by an attorney, law enforcement agency, witness, or any person with relevant information.
   Additionally, in conducting an investigation or autopsy, including but not limited to developing a clinical history of the decedent and formulating findings and conclusions or forming opinions as to the cause and manner of death, the state medical examiner or county medical examiner may use any information provided or available for review, including but not limited to information or statements by a witness, a suspect, or any other person with information which is provided by or obtained in the course of a law enforcement investigation. Information or statements used by the medical examiner in making the findings, conclusions, and opinions may be included in the report of the medical examiner. A court shall not exclude the report or opinion on the basis that the medical examiner relied on information from other persons or from a law enforcement agency in forming that report or opinion. Admission of such a report or opinion shall not constitute reversible error.