Text: SSB01107 Text: SSB01109 Text: SSB01100 - SSB01199 Text: SSB 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 fine of one thousand dollars. In 3 4 addition to any other penalties, a person sentenced under this 3 5 section shall be assessed a fine of one thousand dollars. 3 6 Sec. 7. Section 461A.42, subsection 2, is amended to read 3 7 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 restitutionforif any 3 17 damages were caused by the violation which may include, but is 3 18 not limited to, community service.The court may also require3 19that the violator provide proof of restitution.3 20 Sec. 8. Section 714.2, subsections 4 and 5, Code 1999, are 3 21 amended to read as follows: 3 22 4. The theft of property exceedingonetwo hundred dollars 3 23 in value but not exceeding five hundred dollars in value is 3 24 theft in the fourth degree. Theft in the fourth degree is a 3 25 serious misdemeanor. 3 26 5. The theft of property not exceedingonetwo hundred 3 27 dollars in value is theft in the fifth degree. Theft in the 3 28 fifth degree is a simple misdemeanor. 3 29 Sec. 9. Section 714.12, unnumbered paragraph 1, Code 1999, 3 30 is amended to read as follows: 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 exceedsonetwo hundred dollars but does not 3 34 exceed five hundred dollars. 3 35 Sec. 10. Section 714.13, unnumbered paragraph 1, Code 4 1 1999, is amended to read as follows: 4 2 Fraudulent practice in the fifth degree is a fraudulent 4 3 practice where the amount of money or value of property or 4 4 services involved does not exceedonetwo hundred dollars. 4 5 Sec. 11. Section 716.6, Code 1999, is amended to read as 4 6 follows: 4 7 716.6 CRIMINAL MISCHIEF IN THE FOURTH AND FIFTH DEGREES. 4 8 Criminal mischief is criminal mischief in the fourth degree 4 9 if the cost of replacing, repairing, or restoring the property 4 10 so damaged, defaced, altered, or destroyed exceedsonetwo 4 11 hundred dollars, but does not exceed five hundred dollars. 4 12 Criminal mischief in the fourth degree is a serious 4 13 misdemeanor. All criminal mischief which is not criminal 4 14 mischief in the first degree, second degree, third degree, or 4 15 fourth degree is criminal mischief in the fifth degree. 4 16 Criminal mischief in the fifth degree is a simple misdemeanor. 4 17 Sec. 12. Section 716.8, subsection 2, Code 1999, is 4 18 amended to read as follows: 4 19 2. Any person committing a trespass as defined in section 4 20 716.7 which results in injury to any person or damage in an 4 21 amount more thanonetwo hundred dollars to anything, animate 4 22 or inanimate, located thereon or therein commits a serious 4 23 misdemeanor. 4 24 Sec. 13. Section 716.8, subsection 4, Code 1999, is 4 25 amended to read as follows: 4 26 4. A person committing a trespass as defined in section 4 27 716.7 with the intent to commit a hate crime which results in 4 28 injury to any person or damage in an amount more thanonetwo 4 29 hundred dollars to anything, animate or inanimate, located 4 30 thereon or therein commits an aggravated misdemeanor. 4 31 Sec. 14. Section 716A.7, Code 1999, is amended to read as 4 32 follows: 4 33 716A.7 COMPUTER DAMAGE IN THE FOURTH DEGREE. 4 34 Computer damage is computer damage in the fourth degree 4 35 when the damage results in a loss of property or services of 5 1 more thanonetwo hundred dollars but not more than five 5 2 hundred dollars. Computer damage in the fourth degree is a 5 3 serious misdemeanor. 5 4 Sec. 15. Section 716A.8, Code 1999, is amended to read as 5 5 follows: 5 6 716A.8 COMPUTER DAMAGE IN THE FIFTH DEGREE. 5 7 Computer damage is computer damage in the fifth degree when 5 8 the damage results in a loss of property or services of not 5 9 more thanonetwo hundred dollars. Computer damage in the 5 10 fifth degree is a simple misdemeanor. 5 11 Sec. 16. Section 716A.13, Code 1999, is amended to read as 5 12 follows: 5 13 716A.13 COMPUTER THEFT IN THE FOURTH DEGREE. 5 14 Computer theft is computer theft in the fourth degree when 5 15 the theft involves or results in a loss of services or 5 16 property of more thanonetwo hundred dollars but not more 5 17 than five hundred dollars. Computer theft in the fourth 5 18 degree is a serious misdemeanor. 5 19 Sec. 17. Section 716A.14, Code 1999, is amended to read as 5 20 follows: 5 21 716A.14 COMPUTER THEFT IN THE FIFTH DEGREE. 5 22 Computer theft is computer theft in the fifth degree when 5 23 the theft involves or results in a loss of services or 5 24 property of not more thanonetwo hundred dollars. Computer 5 25 theft in the fifth degree is a simple misdemeanor. 5 26 Sec. 18. Section 719.1, subsection 1, Code 1999, is 5 27 amended to read as follows: 5 28 1. A person who knowingly resists or obstructs anyone 5 29 known by the person to be a peace officer, emergency medical 5 30 care provider under chapter 147A, or fire fighter, whether 5 31 paid or volunteer, in the performance of any act which is 5 32 within the scope of the lawful duty or authority of that 5 33 officer, emergency medical care provider under chapter 147A, 5 34 or fire fighter, whether paid or volunteer, or who knowingly 5 35 resists or obstructs the service or execution by any 6 1 authorized person of any civil or criminal process or order of 6 2 any court, commits aserioussimple misdemeanor. However, if 6 3 a person commits an interference with official acts, as 6 4 defined in this subsection, and in so doing inflicts bodily 6 5 injury other than serious injury, that person commits an 6 6 aggravated misdemeanor. If a person commits an interference 6 7 with official acts, as defined in this subsection, and in so 6 8 doing inflicts or attempts to inflict serious injury, or 6 9 displays a dangerous weapon, as defined in section 702.7, or 6 10 is armed with a firearm, that person commits a class "D" 6 11 felony. 6 12 Sec. 19. Section 727.2, unnumbered paragraph 2, Code 1999, 6 13 is amended to read as follows: 6 14 A person, firm, copartnership, or corporation who offers 6 15 for sale, exposes for sale, sells at retail, or uses or 6 16 explodes any fireworks, commits aserioussimple misdemeanor. 6 17 However, the council of a city or a county board of 6 18 supervisors may, upon application in writing, grant a permit 6 19 for the display of fireworks by municipalities, fair 6 20 associations, amusement parks, and other organizations or 6 21 groups of individuals approved by the city or the county board 6 22 of supervisors when the fireworks display will be handled by a 6 23 competent operator, but no such permit shall be required for 6 24 the display of fireworks at the Iowa state fairgrounds by the 6 25 Iowa state fair board, at incorporated county fairs, or at 6 26 district fairs receiving state aid. Sales of fireworks for 6 27 such display may be made for that purpose only. 6 28 Sec. 20. Section 730.4, subsection 6, Code 1999, is 6 29 amended to read as follows: 6 30 6. A person who violates this section commits aserious6 31 simple misdemeanor. 6 32 Sec. 21. Section 903.1, subsection 1, paragraph a, Code 6 33 1999, is amended to read as follows: 6 34 a. For a simple misdemeanor,either imprisonment not to6 35exceed thirty days, orthere shall be a fine of at least fifty 7 1 dollars but not to exceedonefive hundred dollars. The court 7 2 may order imprisonment not to exceed thirty days in lieu of a 7 3 fine or in addition to a fine. 7 4 EXPLANATION 7 5 This bill makes changes in the penalties for simple 7 6 misdemeanors. The bill permits the court upon conviction of a 7 7 simple misdemeanor to order a fine of at least $50 but not 7 8 more than $500 and provides discretion to the court to 7 9 sentence a person to jail for up to 30 days in addition to a 7 10 fine or to jail for up to 30 days in lieu of imposing a fine. 7 11 Currently, a simple misdemeanor is punishable by a fine of at 7 12 least $50 but not more than $100 or by a sentence not to 7 13 exceed 30 days in jail. 7 14 The bill reclassifies certain driving under suspension 7 15 offenses from serious to simple misdemeanors and reclassifies 7 16 from serious to simple misdemeanors the following offenses: 7 17 use of fireworks, persons under legal age purchasing or in 7 18 possession of alcohol (second or subsequent offense), 7 19 polygraph examinations by employers, certain interference with 7 20 official acts offenses, and interference with signs or 7 21 signals. 7 22 The bill provides discretion to the court to impose a jail 7 23 sentence in addition to ordering a mandatory fine, for persons 7 24 who commit the offense of driving under suspension or 7 25 revocation or driving while barred under Code section 321J.21. 7 26 Under current law, persons who violate Code section 321J.21 7 27 may only be assessed a mandatory $1,000 fine. A person whose 7 28 driver's license has been suspended, revoked, or barred and is 7 29 subsequently convicted under Code section 321J.21, generally 7 30 has been suspended, revoked, or barred due to a previous 7 31 operating while intoxicated conviction. 7 32 The bill also changes the threshold dollar limit for 7 33 persons to qualify for serious and simple misdemeanor 7 34 penalties with respect to acts which constitute theft, 7 35 fraudulent practice, computer damage, computer theft, criminal 8 1 trespass, and criminal mischief. If a person commits theft, 8 2 fraudulent practice, computer damage, computer theft, or 8 3 criminal mischief and the value of the property is no more 8 4 than $200, the person commits a simple misdemeanor under the 8 5 bill. Under current law, if the value of the property is no 8 6 more than $100, the person commits a simple misdemeanor. The 8 7 bill further provides similar changes to the threshold dollar 8 8 limit for serious misdemeanor violations involving theft, 8 9 fraudulent practice, computer damage, computer theft, criminal 8 10 trespass, and criminal mischief. If the value of the property 8 11 exceeds $200, under the bill, the person commits a serious 8 12 misdemeanor. Under current laws, if the value of the property 8 13 exceeds $100, the person commits a serious misdemeanor. 8 14 LSB 1658SC 78 8 15 jm/gg/8
Text: SSB01107 Text: SSB01109 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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