Text: SF00413 Text: SF00415 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 713.6A, Code 2001, is amended to read 1 2 as follows: 1 3 713.6A BURGLARY IN THE THIRD DEGREE. 1 4 1. All burglary which is not burglary in the first degree 1 5 or burglary in the second degree is burglary in the third 1 6 degree. Burglary in the third degree isa class "D" felonyan 1 7 aggravated misdemeanor except as otherwise provided in 1 8 subsection 2. 1 9 2. Burglary in the third degree involving a burglary of an 1 10 occupied structure other than a motor vehicle or motor truck 1 11 as defined in section 321.1, or a vessel defined in section 1 12 462A.2, is a class "D" felony. 1 13 Sec. 2. Section 713.6B, Code 2001, is amended to read as 1 14 follows: 1 15 713.6B ATTEMPTED BURGLARY IN THE THIRD DEGREE. 1 16 1. All attempted burglary which is not attempted burglary 1 17 in the first degree or attempted burglary in the second degree 1 18 is attempted burglary in the third degree. Attempted burglary 1 19 in the third degree isan aggravateda serious misdemeanor 1 20 except as otherwise provided in subsection 2. 1 21 2. Attempted burglary in the third degree involving an 1 22 attempted burglary of an occupied structure other than a motor 1 23 vehicle or motor truck as defined in section 321.1, or a 1 24 vessel as defined in section 462A.2, is an aggravated 1 25 misdemeanor. 1 26 Sec. 3. Section 715A.2, subsection 2, paragraph a, 1 27 unnumbered paragraph 1, Code 2001, is amended to read as 1 28 follows: 1 29 Forgery isa class "D" felonyan aggravated misdemeanor if 1 30 the writing is or purports to be any of the following: 1 31 Sec. 4. Section 715A.2, subsection 2, paragraph b, Code 1 32 2001, is amended to read as follows: 1 33b.(5)Forgery is an aggravated misdemeanor if the1 34writing is or purports to be aA will, deed, contract, 1 35 release, commercial instrument, or any other writing or other 2 1 document evidencing, creating, transferring, altering, 2 2 terminating, or otherwise affecting legal relations. 2 3 EXPLANATION 2 4 This bill relates to the criminal offenses of burglary and 2 5 forgery. 2 6 The bill changes the criminal penalties for burglary in the 2 7 third degree or attempted burglary in the third degree for a 2 8 burglary perpetrated upon an unoccupied motor vehicle, motor 2 9 truck, or vessel. The bill provides that a person who commits 2 10 burglary in the third degree on an unoccupied motor vehicle, 2 11 motor truck, or vessel commits an aggravated misdemeanor and a 2 12 person who commits attempted burglary in the third degree on 2 13 an unoccupied motor vehicle, motor truck, or vessel commits a 2 14 serious misdemeanor. Under the bill, a person who commits a 2 15 burglary on any other type of unoccupied structure which 2 16 includes a personal residence commits a class "D" felony. 2 17 The bill also changes the penalty for forgery from a class 2 18 "D" penalty to an aggravated misdemeanor. 2 19 A serious misdemeanor is punishable by confinement for no 2 20 more than one year and a fine of at least $250 but not more 2 21 than $1,500. An aggravated misdemeanor is punishable by 2 22 confinement for no more than two years and a fine of at least 2 23 $500 but not more than $5,000. A class "D" felony is 2 24 punishable by confinement for no more than five years and a 2 25 fine of at least $750 but not more than $7,500. 2 26 LSB 2545SV 79 2 27 jm/cf/24
Text: SF00413 Text: SF00415 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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