Text: SF00388 Text: SF00390 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47, subsection 3, Code 1999, is 1 2 amended to read as follows: 1 3 3. A person who is under legal age, other than a licensee 1 4 or permittee, who violates this section regarding the purchase 1 5 of or attempt to purchase alcoholic liquor, wine, or beer, or 1 6 possessing or having control of alcoholic liquor, wine, or 1 7 beer, commits a simple misdemeanor punishable by a fine of one 1 8 hundred dollars for the first offense. A second or subsequent 1 9 offense shall be aserioussimple misdemeanor punishable by a 1 10 fine of two hundred dollars and the suspension of the person's 1 11 motor vehicle operating privileges for a period not to exceed 1 12 one year. The court may, in its discretion, order the person 1 13 who is under legal age to perform community service work under 1 14 section 909.3A, of an equivalent value to the fine imposed 1 15 under this section. However, if the person who commits the 1 16 violation of this section is under the age of eighteen, the 1 17 matter shall be disposed of in the manner provided in chapter 1 18 232. 1 19 Sec. 2. Section 321.218, subsection 1, Code 1999, is 1 20 amended to read as follows: 1 21 1. A person whose driver's license or operating privilege 1 22 has been denied, canceled, suspended, or revoked as provided 1 23 in this chapter or as provided in section 252J.8 or section 1 24 901.5, subsection 10, and who operates a motor vehicle upon 1 25 the highways of this state while the license or privilege is 1 26 denied, canceled, suspended, or revoked, commits aserious1 27 simple misdemeanor. In addition to any other penalties, a 1 28 person sentenced under this subsection shall be assessed a 1 29 fine of not less than two hundred fifty dollars nor more than 1 30 one thousand five hundred dollars. 1 31 Sec. 3. Section 321.260, subsection 1, paragraph a, Code 1 32 1999, is amended to read as follows: 1 33 a. A person who willfully and intentionally, without 1 34 lawful authority, attempts to or in fact alters, defaces, 1 35 injures, knocks down, or removes an official traffic-control 2 1 device, an authorized warning sign or signal or barricade, 2 2 whether temporary or permanent, a railroad sign or signal, an 2 3 inscription, shield or insignia on any of such devices, signs, 2 4 signals, or barricades, or any other part thereof, shall, upon 2 5 conviction, be guilty of aserioussimple misdemeanor and 2 6 shall be required to make restitution to the affected 2 7 jurisdiction. 2 8 Sec. 4. Section 321.260, subsection 2, Code 1999, is 2 9 amended to read as follows: 2 10 2. It shall be unlawful for any person to have in the 2 11 person's possession any official traffic-control device except 2 12 by legal right or authority. Any person convicted of 2 13 unauthorized possession of any official traffic-control device 2 14 shall upon conviction be guilty of aserioussimple 2 15 misdemeanor. 2 16 Sec. 5. Section 321A.32, subsection 1, Code 1999, is 2 17 amended to read as follows: 2 18 1. Any person whose license or registration or 2 19 nonresident's operating privilege has been suspended, denied 2 20 or revoked under this chapter or continues to remain suspended 2 21 or revoked under this chapter, and who, during such 2 22 suspension, denial or revocation, or during such continuing 2 23 suspension or continuing revocation, drives any motor vehicle 2 24 upon any highway or knowingly permits any motor vehicle owned 2 25 by such person to be operated by another upon any highway, 2 26 except as permitted under this chapter, shall be guilty of a 2 27serioussimple misdemeanor. In addition to any other 2 28 penalties, a person sentenced under this subsection shall be 2 29 assessed a fine of not less than two hundred fifty dollars nor 2 30 more than one thousand five hundred dollars. 2 31 Sec. 6. Section 321J.21, subsection 1, Code 1999, is 2 32 amended to read as follows: 2 33 1. A person whose driver's license or nonresident 2 34 operating privilege has been suspended, denied, revoked, or 2 35 barred due to a violation of this chapter and who drives a 3 1 motor vehicle while the license or privilege is suspended, 3 2 denied, revoked, or barred commits a serious misdemeanor,3 3punishable with a mandatory. In addition to any other 3 4 penalties, a person sentenced under this section shall be 3 5 assessed a fine of one thousand dollars. 3 6 Sec. 7. Section 461A.42, subsection 2, Code 1999, is 3 7 amended to read as follows: 3 8 2. The use of fireworks, as defined in section 727.2, in 3 9 state parks and preserves is prohibited except as authorized 3 10 by a permit issued by the department. The commission shall 3 11 establish, by rule adopted pursuant to chapter 17A, a 3 12 fireworks permit system which authorizes the issuance of a 3 13 limited number of permits to qualified persons to use or 3 14 display fireworks in selected state parks and preserves. A 3 15 person violating this subsection is guilty of aserioussimple 3 16 misdemeanor. The courtmayshall order restitution for 3 17 damages caused by the violation which may include, but is not 3 18 limited to, community service.The court may also require3 19that the violator provide proof of restitution.3 20 Sec. 8. Section 714.2, subsection 4, Code 1999, is amended 3 21 to read as follows: 3 22 4. The theft of propertyexceeding one hundred dollars in3 23value butnot exceeding five hundred dollars in value is theft 3 24 in the fourth degree. Theft in the fourth degree is aserious3 25 simple misdemeanor. 3 26 Sec. 9. Section 714.2, subsection 5, Code 1999, is amended 3 27 by striking the subsection. 3 28 Sec. 10. Section 714.12, Code 1999, is amended to read as 3 29 follows: 3 30 714.12 FRAUDULENT PRACTICE IN THE FOURTH DEGREE. 3 31 Fraudulent practice in the fourth degree is a fraudulent 3 32 practice where the amount of money or value of property or 3 33 servicesinvolved exceeds one hundred dollars butdoes not 3 34 exceed five hundred dollars. 3 35 Fraudulent practice in the fourth degree is aserious4 1 simple misdemeanor. 4 2 Sec. 11. Section 716.6, Code 1999, is amended to read as 4 3 follows: 4 4 716.6 CRIMINAL MISCHIEF IN THE FOURTHAND FIFTH DEGREES4 5 DEGREE. 4 6 Criminal mischief is criminal mischief in the fourth degree 4 7 if the cost of replacing, repairing, or restoring the property 4 8 so damaged, defaced, altered, or destroyedexceeds one hundred4 9dollars, butdoes not exceed five hundred dollars. Criminal 4 10 mischief in the fourth degree is aserioussimple misdemeanor. 4 11All criminal mischief which is not criminal mischief in the4 12first degree, second degree, third degree, or fourth degree is4 13criminal mischief in the fifth degree. Criminal mischief in4 14the fifth degree is a simple misdemeanor.4 15 Sec. 12. Section 716.8, subsection 2, Code 1999, is 4 16 amended to read as follows: 4 17 2. Any person committing a trespass as defined in section 4 18 716.7 which results in injury to any person or damage in an 4 19 amount more thanonetwo hundred dollars to anything, animate 4 20 or inanimate, located thereon or therein commits a serious 4 21 misdemeanor. 4 22 Sec. 13. Section 716.8, subsection 4, Code 1999, is 4 23 amended to read as follows: 4 24 4. A person committing a trespass as defined in section 4 25 716.7 with the intent to commit a hate crime which results in 4 26 injury to any person or damage in an amount more thanonetwo 4 27 hundred dollars to anything, animate or inanimate, located 4 28 thereon or therein commits an aggravated misdemeanor. 4 29 Sec. 14. Section 716A.7, Code 1999, is amended to read as 4 30 follows: 4 31 716A.7 COMPUTER DAMAGE IN THE FOURTH DEGREE. 4 32 Computer damage is computer damage in the fourth degree 4 33 when the damage results in a loss of property or services of 4 34more than one hundred dollars butnot more than five hundred 4 35 dollars. Computer damage in the fourth degree is aserious5 1 simple misdemeanor. 5 2 Sec. 15. Section 716A.13, Code 1999, is amended to read as 5 3 follows: 5 4 716A.13 COMPUTER THEFT IN THE FOURTH DEGREE. 5 5 Computer theft is computer theft in the fourth degree when 5 6 the theft involves or results in a loss of services or 5 7 property ofmore than one hundred dollars butnot more than 5 8 five hundred dollars. Computer theft in the fourth degree is 5 9 aserioussimple misdemeanor. 5 10 Sec. 16. Section 719.1, subsection 1, Code 1999, is 5 11 amended to read as follows: 5 12 1. A person who knowingly resists or obstructs anyone 5 13 known by the person to be a peace officer, emergency medical 5 14 care provider under chapter 147A, or fire fighter, whether 5 15 paid or volunteer, in the performance of any act which is 5 16 within the scope of the lawful duty or authority of that 5 17 officer, emergency medical care provider under chapter 147A, 5 18 or fire fighter, whether paid or volunteer, or who knowingly 5 19 resists or obstructs the service or execution by any 5 20 authorized person of any civil or criminal process or order of 5 21 any court, commits aserioussimple misdemeanor. However, if 5 22 a person commits an interference with official acts, as 5 23 defined in this subsection, and in so doing inflicts bodily 5 24 injury other than serious injury, that person commits an 5 25 aggravated misdemeanor. If a person commits an interference 5 26 with official acts, as defined in this subsection, and in so 5 27 doing inflicts or attempts to inflict serious injury, or 5 28 displays a dangerous weapon, as defined in section 702.7, or 5 29 is armed with a firearm, that person commits a class "D" 5 30 felony. 5 31 Sec. 17. Section 727.2, unnumbered paragraph 2, Code 1999, 5 32 is amended to read as follows: 5 33 A person, firm, copartnership, or corporation who offers 5 34 for sale, exposes for sale, sells at retail, or uses or 5 35 explodes any fireworks, commits aserioussimple misdemeanor. 6 1 However, the council of a city or a county board of 6 2 supervisors may, upon application in writing, grant a permit 6 3 for the display of fireworks by municipalities, fair 6 4 associations, amusement parks, and other organizations or 6 5 groups of individuals approved by the city or the county board 6 6 of supervisors when the fireworks display will be handled by a 6 7 competent operator, but no such permit shall be required for 6 8 the display of fireworks at the Iowa state fairgrounds by the 6 9 Iowa state fair board, at incorporated county fairs, or at 6 10 district fairs receiving state aid. Sales of fireworks for 6 11 such display may be made for that purpose only. 6 12 Sec. 18. Section 730.4, subsection 6, Code 1999, is 6 13 amended to read as follows: 6 14 6. A person who violates this section commits aserious6 15 simple misdemeanor. 6 16 Sec. 19. Sections 714.13, 716A.8, and 716A.14, Code 1999, 6 17 are repealed. 6 18 EXPLANATION 6 19 This bill reclassifies and makes changes in the penalties 6 20 for certain misdemeanors. 6 21 The bill reclassifies certain driving under suspension 6 22 offenses from serious to simple misdemeanors and reclassifies 6 23 from serious to simple misdemeanors the following offenses: 6 24 use of fireworks, persons under legal age purchasing or in 6 25 possession of alcohol (second or subsequent offense), 6 26 polygraph examinations by employers, certain interference with 6 27 official acts offenses, and interference with signs or 6 28 signals. 6 29 The bill provides discretion to the court to impose a jail 6 30 sentence in addition to ordering a mandatory fine, for persons 6 31 who commit the offense of driving under suspension or 6 32 revocation or driving while barred under Code section 321J.21. 6 33 Under current law, persons who violate Code section 321J.21 6 34 may only be assessed a mandatory $1,000 fine. A person whose 6 35 driver's license has been suspended, revoked, or barred and is 7 1 subsequently convicted under Code section 321J.21, generally 7 2 has been suspended, revoked, or barred due to a previous 7 3 operating while intoxicated conviction. 7 4 The bill also changes the threshold dollar limit for 7 5 persons to qualify for a simple misdemeanor with respect to 7 6 acts which constitute theft, fraudulent practice, computer 7 7 damage, computer theft, criminal trespass, and criminal 7 8 mischief. If a person commits theft, fraudulent practice, 7 9 computer damage, computer theft, or criminal mischief and the 7 10 value of the property is no more than $500, the person commits 7 11 a simple misdemeanor under the bill. The bill eliminates the 7 12 serious misdemeanor offenses for theft, fraudulent practice, 7 13 computer damage, computer theft, and criminal mischief by 7 14 including the offense within the simple misdemeanor offense. 7 15 Under current law, if the value of the property is no more 7 16 than $100, the person commits a simple misdemeanor or if the 7 17 value of the property is under $500, the person commits a 7 18 serious misdemeanor. 7 19 LSB 2403XS 78 7 20 jm/gg/8.1
Text: SF00388 Text: SF00390 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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