Text: SF02240 Text: SF02242 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.3, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12A. "Designated security employee" means 1 4 an agent or employee of a licensee or permittee who is 1 5 primarily employed for security purposes at a commercial 1 6 establishment licensed or permitted under this chapter. 1 7 Sec. 2. Section 123.31, Code 1999, is amended by adding 1 8 the following new subsection: 1 9 NEW SUBSECTION. 6A. A statement, if required by the local 1 10 authority indicating whether all designated security employees 1 11 have received training and certification as provided in 1 12 section 123.32. 1 13 Sec. 3. Section 123.32, Code 1999, is amended by adding 1 14 the following new subsection: 1 15 NEW SUBSECTION. 3A. A local authority, as a condition of 1 16 obtaining a license or permit for on-premises consumption, may 1 17 require a designated security employee as defined in section 1 18 123.3, to be trained and certified in security methods. The 1 19 training shall include but is not limited to mediation 1 20 techniques, civil rights or unfair practices awareness as 1 21 provided in section 216.7, and providing instruction on the 1 22 proper physical restraint methods used against a person who 1 23 has become combative. 1 24 Sec. 4. Section 124.401, subsection 5, unnumbered 1 25 paragraph 1, Code Supplement 1999, is amended to read as 1 26 follows: 1 27 It is unlawful for any person knowingly or intentionally to 1 28 possess a controlled substance unless such substance was 1 29 obtained directly from, or pursuant to, a valid prescription 1 30 or order of a practitioner while acting in the course of the 1 31 practitioner's professional practice, or except as otherwise 1 32 authorized by this chapter. Any person who violates this 1 33 subsection is guilty of a serious misdemeanor for a first 1 34 offense. A person who commits a violation of this subsection 1 35 and who has previously been convicted of violating this 2 1subsectionchapter or chapter 124A, 124B, or 453B is guilty of 2 2 an aggravated misdemeanor. A person who commits a violation 2 3 of this subsection and has previously been convicted two or 2 4 more times of violating thissubsectionchapter or chapter 2 5 124A, 124B, or 453B is guilty of a class "D" felony. 2 6 Sec. 5. NEW SECTION. 622.51A COMPUTER PRINTOUTS. 2 7 For purposes of chapters 714 and 716, computer printouts 2 8 shall be admitted as evidence of any computer software, 2 9 program, or data contained in or taken from a computer, 2 10 notwithstanding an applicable rule of evidence to the 2 11 contrary. 2 12 Sec. 6. NEW SECTION. 702.1A COMPUTER TERMINOLOGY. 2 13 For purposes of section 714.1, subsection 7A, and section 2 14 716.6B: 2 15 1. "Computer" means an electronic device which performs 2 16 logical, arithmetical, and memory functions by manipulation of 2 17 electronic or magnetic impulses, and includes all input, 2 18 output, processing, storage, computer software, and 2 19 communication facilities which are connected or related to the 2 20 computer in a computer system or computer network. 2 21 2. "Computer access" means to instruct, communicate with, 2 22 store data in, or retrieve data from a computer, computer 2 23 system, or computer network. 2 24 3. "Computer data" means a representation of information, 2 25 knowledge, facts, concepts, or instructions that has been 2 26 prepared or is being prepared in a formalized manner and has 2 27 been processed, or is intended to be processed in a computer. 2 28 Computer data may be in any form including, but not limited 2 29 to, printouts, magnetic storage media, punched cards, and as 2 30 stored in the memory of a computer. 2 31 4. "Computer network" means a set of related, remotely 2 32 connected devices and communication facilities including two 2 33 or more computers with capability to transmit data among them 2 34 through communication facilities. 2 35 5. "Computer program" means an ordered set of instructions 3 1 or statements that, when executed by a computer, causes the 3 2 computer to process data. 3 3 6. "Computer services" means the use of a computer, 3 4 computer system, or computer network and includes, but is not 3 5 limited to, computer time, data processing, and storage 3 6 functions. 3 7 7. "Computer software" means a set of computer programs, 3 8 procedures, or associated documentation used in the operation 3 9 of a computer. 3 10 8. "Computer system" means related, connected or 3 11 unconnected, computers or peripheral equipment. 3 12 9. "Loss of property" means the greatest of the following: 3 13 a. The retail value of the property involved. 3 14 b. The reasonable replacement or repair cost, whichever is 3 15 less. 3 16 10. "Loss of services" means the reasonable value of the 3 17 damage created by the unavailability or lack of utility of the 3 18 property or services involved until repair or replacement can 3 19 be effected. 3 20 Sec. 7. Section 702.14, Code 1999, is amended to read as 3 21 follows: 3 22 702.14 PROPERTY. 3 23 "Property" is anything of value, whether publicly or 3 24 privately owned, including but not limited to computers and 3 25 computer data, computer software, and computer programs. The 3 26 term includes both tangible and intangible property, labor, 3 27 and services. The term includes all that is included in the 3 28 terms "real property" and "personal property". 3 29 Sec. 8. NEW SECTION. 702.20A VIDEO RENTAL PROPERTY. 3 30 "Video rental property" means an audiovisual recording, 3 31 including a videotape, videodisc, or other tangible medium of 3 32 expression on which an audiovisual work is recorded or 3 33 otherwise stored, or any equipment or supplies used to view 3 34 the recording, and which is held out for rental to the public 3 35 in the ordinary course of business. 4 1 Sec. 9. Section 714.1, Code 1999, is amended by adding the 4 2 following new subsections: 4 3 NEW SUBSECTION. 7A. Knowingly and without authorization 4 4 accesses or causes to be accessed a computer, computer system, 4 5 or computer network, or any part thereof, for the purpose of 4 6 obtaining computer services, information, or property or 4 7 knowingly and without authorization and with the intent to 4 8 permanently deprive the owner of possession, takes, transfers, 4 9 conceals, or retains possession of a computer, computer 4 10 system, or computer network or any computer software or 4 11 computer program, or computer data contained in a computer, 4 12 computer system, or computer network. 4 13 NEW SUBSECTION. 7B. a. Obtains the temporary use of 4 14 video rental property with the intent to deprive the owner of 4 15 the use and possession of the video rental property without 4 16 the consent of the owner. 4 17 b. Lawfully obtains the temporary use of video rental 4 18 property and fails to return the video rental property by the 4 19 agreed time with the intent to deprive the owner of the use 4 20 and possession of the video rental property without the 4 21 consent of the owner. The aggregate value of the video rental 4 22 property involved shall be the original retail value of the 4 23 video rental property. 4 24 Sec. 10. NEW SECTION. 714.6A VIDEO RENTAL PROPERTY THEFT 4 25 – EVIDENCE OF INTENTION – AFFIRMATIVE DEFENSE. 4 26 1. The fact that a person obtains possession of video 4 27 rental property by means of deception, including but not 4 28 limited to furnishing a false name, address, or other 4 29 identification to the owner, is evidence that possession was 4 30 obtained with intent to knowingly deprive the owner of the use 4 31 and possession of the video rental property. 4 32 2. The fact that a person, having lawfully obtained 4 33 possession of video rental property, fails to pay the owner 4 34 the fair market value of the video rental property or to 4 35 return or make arrangements acceptable to the owner to return 5 1 the video rental property to the owner, within forty-eight 5 2 hours after receipt of written notice and demand from the 5 3 owner is evidence of an intent to knowingly deprive the owner 5 4 of the use and possession of the video rental property. 5 5 3. It shall be an affirmative defense to a prosecution 5 6 under section 714.1, subsection 7B, paragraph "a", if the 5 7 defendant in possession of video rental property pays the 5 8 owner the fair market value of the video rental property or 5 9 returns the property to the owner within forty-eight hours of 5 10 arrest, together with any standard overdue charges for the 5 11 period that the owner was unlawfully deprived of possession, 5 12 but not to exceed one hundred twenty days, and the value of 5 13 the damage to the property, if any. 5 14 Sec. 11. NEW SECTION. 716.6B UNAUTHORIZED COMPUTER 5 15 ACCESS. 5 16 A person who knowingly and without authorization accesses a 5 17 computer, computer system, or computer network commits a 5 18 simple misdemeanor. 5 19 Sec. 12. Section 722.4, Code 1999, is amended to read as 5 20 follows: 5 21 722.4 BRIBERY OF ELECTOR OR ELECTION OFFICIALS. 5 22 1. A person who offers, promises, or gives anything of 5 23 value or any benefit to any elector for the purpose of 5 24 influencing the elector's vote, in any election authorized by 5 25 law, or any elector who receives anything of value or any 5 26 benefit knowing that it was given for such purpose, commits an 5 27 aggravated misdemeanor. 5 28 2. A person who offers, promises, or gives anything of 5 29 value or any benefit to any precinct election official 5 30 authorized by law, or to any executive officer attending the 5 31 same, conditioned on some act done or omitted to be done 5 32 contrary to the person's official duty in relation to such 5 33 election, commits an aggravated misdemeanor. 5 34 Sec. 13. Section 722.8, Code 1999, is amended to read as 5 35 follows: 6 1 722.8 DURESS TO PREVENT OR PROCURE VOTING. 6 2 1. A person who unlawfully and by force, or threats of 6 3 force, prevents or endeavors to prevent an elector from giving 6 4 the elector's vote at any public election commits an 6 5 aggravated misdemeanor. 6 6 2. A person who procures, or endeavors to procure, the 6 7 vote of an elector for or against any candidate or for or 6 8 against any issue by means of violence, threats of violence, 6 9 or by any means of duress commits an aggravated misdemeanor. 6 10 Sec. 14. Section 901B.1, subsection 3, Code 1999, is 6 11 amended to read as follows: 6 12 3. Each judicial district and judicial district department 6 13 of correctional services shall implement an intermediate 6 14 criminal sanctions program by July 1, 2001. An intermediate 6 15 criminal sanctions program shall consist of only levels two, 6 16 three, and sublevels one and three of level four of the 6 17 corrections continuum and shall be operated in accordance with 6 18 an intermediate criminal sanctions plan adopted by the chief 6 19 judge of the judicial district and the director of the 6 20 judicial district department of correctional services. The 6 21 plan adopted shall be designed to reduce probation revocations 6 22 to prison through the use of incremental, community-based 6 23 sanctions for probation violations. 6 24 The plan shall be subject to rules adopted by the 6 25 department of corrections. The rules shall include provisions 6 26 for transferring individuals between levels in the continuum. 6 27 The provisions shall include a requirement that the reasons 6 28 for the transfer be in writing and that an opportunity for the 6 29 individual to contest the transfer be made available. 6 30 A copy of the program and plan shall be filed with the 6 31 chief judge of the judicial district, the department of 6 32 corrections, and the division of criminal and juvenile justice 6 33 planning of the department of human rights by July 1, 2001. 6 34 Sec. 15. Section 907.3, subsection 2, unnumbered paragraph 6 35 1, Code Supplement 1999, is amended to read as follows: 7 1 At the time of or after pronouncing judgment and with the 7 2 consent of the defendant, the court may defer the sentence and 7 3 assign the defendant to the judicial district department of 7 4 correctional services. The court may assign the defendant to 7 5 supervision or services under section 901B.1 at the level of 7 6 sanctions which the district department determines to be 7 7 appropriate, if an intermediate criminal sanctions plan and7 8program has been adopted in the judicial district under7 9section 901B.1. However, the court shall not defer the 7 10 sentence for a violation of any of the following: 7 11 Sec. 16. Chapter 714C, Code 1999, is repealed. 7 12 Sec. 17. Chapter 716A, Code 1999 and Code Supplement 1999, 7 13 is repealed. 7 14 Sec. 18. Sections 722.6 and 722.9, Code 1999, are 7 15 repealed. 7 16 SF 2241 7 17 jm/cc/26
Text: SF02240 Text: SF02242 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Aug 29 13:36:01 CDT 2000
URL: /DOCS/GA/78GA/Legislation/SF/02200/SF02241/000428.html
jhf