Text: SF00388                           Text: SF00390
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 389

Partial Bill History

Bill Text

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 a serious simple 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 a serious
  1 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 a serious simple 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 a serious simple
  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 27 serious simple 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  3 punishable 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 a serious simple
  3 16 misdemeanor.  The court may shall 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 require
  3 19 that 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 property exceeding one hundred dollars in
  3 23 value but not exceeding five hundred dollars in value is theft
  3 24 in the fourth degree.  Theft in the fourth degree is a serious
  3 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 services involved exceeds one hundred dollars but does not
  3 34 exceed five hundred dollars.
  3 35    Fraudulent practice in the fourth degree is a serious
  4  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 FOURTH AND FIFTH DEGREES
  4  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 destroyed exceeds one hundred
  4  9 dollars, but does not exceed five hundred dollars.  Criminal
  4 10 mischief in the fourth degree is a serious simple misdemeanor.
  4 11 All criminal mischief which is not criminal mischief in the
  4 12 first degree, second degree, third degree, or fourth degree is
  4 13 criminal mischief in the fifth degree.  Criminal mischief in
  4 14 the 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 than one two 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 than one two
  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 34 more than one hundred dollars but not more than five hundred
  4 35 dollars.  Computer damage in the fourth degree is a serious
  5  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 of more than one hundred dollars but not more than
  5  8 five hundred dollars.  Computer theft in the fourth degree is
  5  9 a serious simple 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 a serious simple 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 a serious simple 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 a serious
  6 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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