1997 SUMMARY OF LEGISLATION

CORRECTIONS, CRIMINAL LAW & PROCEDURE

CORRECTIONS, CRIMINAL LAW & PROCEDURE

SENATE FILE 184 - Fees Charged Prisoners for Room and Board (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides a procedure for reimbursement of claims for room and board provided to a person who is convicted of a criminal offense while the person is in the custody of a county sheriff. The Act provides that a claim for room and board, and any fees or charges associated with the filing or processing of the claim for room and board, may be filed by the sheriff or the county attorney with the court. Once approved by the court, the claim may, upon request, be enforced as part of any restitution ordered by the court. If enforcement through restitution is not requested, the claim may be enforced in the same manner as a judgment by the sheriff through a writ of execution under Code Chapter 626. Claims for reimbursement of the costs of room and board do not have priority over competing claims for child support obligations owed by the same person.
The Act takes effect May 14, 1997.

SENATE FILE 251 - Victims of International Terrorism (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that victim compensation benefits payable under the victim compensation chapter, Code Chapter 912, are payable to residents of Iowa who are victims of crimes that constitute international terrorism under federal law and that occur outside of the United States.
The Act takes effect March 31, 1997.

SENATE FILE 442 - Designation of Certain Correctional Facilities (full text of act)

BY COMMITTEE ON JUDICIARY. This Act specifically identifies the Fort Dodge and Newton correctional facilities as institutions under the control of the Department of Corrections. The Act deletes references to the correctional release center at Newton and provides that the correctional facility at Newton will be named the Newton Correctional Facility, and shall include minimum security facilities and a violator facility. The Act renames the Iowa Men's Reformatory the Anamosa State Penitentiary and clarifies that only the Iowa State Penitentiary at Fort Madison is entitled to an additional district court judge.

SENATE FILE 497 - Possession or Distribution of Gamma-Hydroxybutyric Acid (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that a person who unlawfully possesses or distributes gamma-hydroxybutyrate, commonly known as gamma-hydroxybutryic acid, GHB or Ecstasy, commits an aggravated misdemeanor. A person who obtains or possesses gamma-hydroxybutyrate pursuant to a prescription issued by an authorized prescriber for the legitimate treatment of disease is exempt from the prohibition against unlawful possession. A person is only guilty of unlawful distribution if the person distributes gamma-hydroxybutyrate to any other person and intends to promote or allow the unlawful use of the substance or knows that the other person will use the substance for unlawful purposes.
An aggravated misdemeanor is punishable by incarceration of up to two years and a fine of not less than $500 or not more than $5,000.

SENATE FILE 503 - Criminal Justice — Miscellaneous Provisions (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes a variety of changes relating to criminal justice.
New Code Section 124.401C is created to provide for an additional penalty of five years of confinement for persons who manufacture methamphetamine, its salts, isomers or salts of isomers in the presence of a minor. The phrase "in the presence of a minor" is defined to include situations when a minor is physically present, when the activity in question is conducted in the residence of the minor or in a residence in which a minor can reasonably be expected to be present, when the activity is conducted in a room offered to the public for overnight accommodation, and when the activity is conducted in any multiple-unit residential building.
The obscenity chapter, Code Chapter 728, is amended to prohibit any place of business that is required to obtain a sales tax permit, to allow or permit within the establishment, the actual or simulated public performance of any sex act; the exposure of genitals, buttocks or female breasts of any waiter or waitress; the exposure of genitals or female breast nipples of any entertainer; persons who expose their genitals, pubic hair or anus to remain within the establishment; or a minor to engage or perform in a live act in a manner intended to arouse or satisfy the sexual desires or prurient interests of patrons, to engage in simulated or actual performance of sex acts, or to expose their genitals, buttocks, female breasts, pubic hair, or anus. The advertisement that any of the above prohibited activities is permitted within the place of business is also prohibited. Violations of the requirements in the Act by businesses required to obtain sales tax permits will result in six-month suspensions of all permits and licenses issued as a prerequisite to doing business. The new prohibitions for businesses required to obtain sales tax permits take effect May 7, 1997.
The Act establishes a pilot project that authorizes probation supervision and revocation functions to be performed in the Sixth Judicial District by administrative parole and probation judges for persons for whom the court has suspended sentence. Under the provisions, the jurisdiction of the court over adults, and juveniles sentenced as adults, who have been sentenced and granted probation will terminate once the conditions of probation are approved. All subsequent hearings regarding the probation are to be conducted by an administrative parole and probation judge who is to be appointed by the Board of Parole. Decisions of the administrative parole and probation judge may be appealed to the Board of Parole. If probation is transferred to another district, jurisdiction over the person is also transferred to the other district and, if the person is transferred to the Sixth Judicial District, jurisdiction will lie with the administrative parole and probation judge if any probation supervision or revocation proceedings are necessary. The pilot project does not apply to deferred judgments and sentences.
The Act also provides for payment of at least $150,000 by an offender, in addition to any orders for restitution for pecuniary damages, to the estates of persons whose deaths are caused by the offender's felonious criminal acts. The order for payment of $150,000 in the criminal case cannot be used as evidence and will not preclude or prevent the victim's estate from pursuing civil remedies for damages arising out of the same facts or event. An offender ordered to make the $150,000 payment is estopped from denying the elements of the felony offense that caused the victim's death in any subsequent civil proceedings for damages arising out of the same facts or event.

HOUSE FILE 226 - Reduction of Criminal Sentences for Good Behavior (full text of act)

BY COMMITTEE ON JUDICIARY. This Act establishes two categories of sentences for purposes of calculating the amount of time that an inmate's term of confinement may be reduced for good behavior and makes other changes relating to the accrual of good time.
Category "A" sentences are those sentences which are not limited in the amount of good time that may accrue to reduce the sentence. Life sentences are included in category "A" sentences for administrative purposes so that, if the sentence is commuted to a term of years, the department may reduce the total term of years by any good time earned. Persons serving category "A" sentences are eligible for a reduction in sentence of one day for each day of good conduct and may be eligible for an additional reduction in sentence of up to five days per month if the person satisfactorily participates in certain employment, treatment or educational activities.
Category "B" sentences are those sentences which may only be reduced by up to 15 percent for good behavior, and include murder in the second degree under Code Section 707.3, sexual abuse in the second degree under Code Section 709.3, kidnapping in the second degree under Code Section 710.3, and robbery in the first or second degree under Code Section 711.2 or 711.3. Persons serving category "B" sentences are eligible for a reduction in sentence equal to 15/85 of a day for each day of good conduct.
Time that elapses during an escape does not accrue for purposes of calculating good time. Consecutive sentences that are of the same category are to be construed as one continuous sentence for purposes of calculating good time. If a person is sentenced to serve sentences of both categories, the category "B" sentences are to be served first and good time is to be separately calculated for and applied to each category of sentence. If a person is serving a category "A" sentence and is then sentenced to serve a category "B" sentence, both the category "A" sentence and the good time accrual for that sentence are to be interrupted until the category "B" sentence is completed.
The provisions of the Act that apply to category "B" sentences are made retroactively applicable to July 1, 1996.

HOUSE FILE 232 - Defendants Mentally Incapable of Standing Trial (full text of act)

BY COMMITTEE ON JUDICIARY. This Act requires that a court, in cases where the defendant is determined to be mentally incompetent to stand trial, must expressly order the defendant committed for treatment to the custody of the Department of Human Services or the Department of Corrections. Previous Code language did not expressly permit the defendant to be treated when custody orders were issued by the court.

HOUSE FILE 265 - Laws Relating to Certain Criminal Offenses Affirmed and Reenacted (full text of act)

BY COMMITTEE ON JUDICIARY. This Act affirms and reenacts two criminal law provisions and any amendments and editorial changes made to those provisions.
The first provision, the reenactment of amendments to Code Section 723A.1, relates to the brandishing of a dangerous weapon by persons who participate in or are a member of a criminal street gang. The amendments made the brandishing of a dangerous weapon a criminal act punishable as a class "D" felony if committed by a criminal street gang member or participant. A class "D" felony is punishable by confinement for no more than five years and a possible additional fine of at least $500, but not more than $7,500.
The second provision reaffirmed and reenacted is the felony offense of trafficking in stolen weapons. The provision punishes the knowing transfer, acquiring of possession, or facilitation of transfer of a stolen firearm as a class "D" felony. A second or subsequent offense, or a situation in which the stolen weapon is used in the commission of a public offense, is a class "C" felony. A class "C" felony is punishable by confinement for no more than 10 years and a possible additional fine of at least $500, but not more than $10,000.
The Act takes effect May 6, 1997.

HOUSE FILE 449 - Sexual Abuse — Controlled Substance Preventing Consent (full text of act)

BY COMMITTEE ON JUDICIARY. This Act prohibits, as a class "C" felony offense of sexual abuse in the third degree, a sex act committed while one of the participants has unknowingly consumed a controlled substance, is prevented from consenting to the sex act because of the controlled substance, and the person who is performing the sex act knows or reasonably should have known that the other participant is under the influence of the controlled substance. The controlled substance must be one that prevents the person from consenting to the sex act and may include, but is not limited to, flunitrazepam. Sexual abuse in the third degree is punishable by confinement in prison for no more than 10 years and a fine of at least $500, but not more than $10,000.

HOUSE FILE 542 - Assaults on Jail and Correctional Employees (full text of act)

BY COMMITTEE ON JUDICIARY. This Act establishes a new class "D" felony which an inmate commits when the inmate either perpetrates an assault that results in a jail or correctional facility employee coming into contact with blood, seminal fluid, urine, or feces, or commits an act intended to cause pain or injury, and results in blood, seminal fluid, urine, or feces being cast or expelled upon a jail or correctional facility employee. A class "D" felony is punishable by imprisonment of not more than five years and a fine of at least $500, but not more than $7,500.

HOUSE FILE 635 - Firearms and Munitions (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides for the use of less lethal munitions by law enforcement or corrections personnel and creates two exceptions to the prohibition against possessing offensive weapons.
The Act provides that the use of less lethal munitions by peace officers or corrections personnel in the line of duty is not deadly force. "Less lethal munitions" are defined as projectiles designed to stun, temporarily incapacitate, or cause temporary discomfort without penetrating the body.
This Act also creates the following two exceptions to the prohibition, found in Code Chapter 724, against possessing offensive weapons. The first exception is for residents of the state, who may possess an offensive weapon solely for use in official functions of a historical reenactment society of which the person is a member. The offensive weapon must be a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, and must be rendered permanently incapable of firing live ammunicccption. The weapon may, however, be permanently adapted for the firing of blank ammunition. The second exception is for nonresidents, who may possess an offensive weapon solely for use in official functions, in Iowa, of a historical reenactment society of which the nonresident is a member if the person legally possesses the offensive weapon in the person's state of residence. The weapon must be a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, and must be rendered incapable of firing live ammunition at all times while in this state. In addition, the person possessing the weapon shall not possess live ammunition for the weapon when the person is in this state with the offensive weapon. The weapon may be adapted for the firing of blank ammunition.

HOUSE FILE 647 - Theft by Financial Instrument (full text of act)

BY COMMITTEE ON COMMERCE AND REGULATION. This Act provides that a person commits theft when the person makes, utters, draws, delivers, or gives any check, share draft or written order on a bank, credit union, person, or corporation, and obtains the use of any property, including rental property, knowing that the financial instrument will not be paid when presented. The penalty applicable depends on the amount of the financial instrument.

HOUSE FILE 661 - Sentencing of Certain Criminal Offenders (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that if a court enters an order returning a criminal defendant to the court, for purposes of reconsideration of sentence, copies of the order must be provided to the attorney for the state, the defendant's attorney, and the defendant. Upon the request of any of those persons, the court may conduct a hearing on the issue of reconsideration.
The Act also excludes persons who are mandatory reporters of child abuse from eligibility for deferred judgments and sentences and suspended sentences if the person commits a violation of Code Chapter 709, Sexual Abuse, and the victim is under the age of 18.
The Act permits the presentation of oral victim impact statements at reconsideration of sentence hearings.

HOUSE FILE 662 - Indigent Defense — VETOED BY THE GOVERNOR (full text of act)

BY COMMITTEE ON JUDICIARY. This bill would have made a variety of changes to provisions relating to or affecting the provision of court-appointed counsel in criminal cases.
County attorneys or their designees would be given access to the centralized employee registry maintained by the Child Support Recovery Unit of the Department of Human Services for purposes of recovery of restitution ordered by the court.
The bill changed the penalty for one type of "driving while license suspended" offense and the penalty applicable to an offense of interference with official acts that does not result in injury to a misdemeanor punishable only by a fine of $350.
The hourly rate limits on fees to court-appointed attorneys, currently based on the hourly rate established in the contracts between the State Public Defender and the private contract attorneys, would increase to $55 per hour, unless the offense charged was a class "A" or class "B" felony, in which case the hourly rate would not exceed $60 per hour.
The bill lowered the income level used to determine indigency to poverty level and, if a person was partially indigent, the court would have to consider the availability of any assets that might be readily converted to cash, in determining whether the person would have been entitled to, or how much the person would have had to pay for, court-appointed counsel.
The bill amended the process for determination of indigent financial status to require submission of an affidavit of financial status and payment of a filing fee of $30 by a person seeking court-appointed counsel. The court could reduce or waive the filing fee, or assess the fee at the time the case was finalized. An affidavit of financial status would include the name and address of the person's employer if the person is employed. A person who submits an affidavit of financial status, or for whom an affidavit is submitted, would have a duty to provide the court with any new information that became available during the course of the proceedings. A person who submitted false information for an affidavit of financial status would have committed a fraudulent practice, under the bill.
The bill would create a new fund in which the fees charged for filing the affidavit of financial status would be deposited. The moneys in the fund would cover payment of any shortfalls arising in the State Public Defender operating account for payment of court-appointed attorney fees. The State Court Administrator was directed by the bill to compile and submit an annual report containing the fee collection information to the General Assembly.
The bill clarified that a person accused of a serious misdemeanor offense that is only punishable by the imposition of a fine is not entitled to legal assistance at public expense. Under the bill, inmates could receive credit upon their sentences for time spent in custody in another jurisdiction pending extradition back to this state. The state would be required to enforce judgments of restitution in the same manner as a civil judgment. Criminal indigent defense costs would be added to the items that may be a part of the criminal penalty surcharge added to criminal fines, under the bill.

HOUSE FILE 666 - Controlled Substances — Amphetamine (full text of act)

BY COMMITTEE ON JUDICIARY. This Act increases the penalties for the manufacture, delivery or possession with intent to manufacture or deliver certain amounts of amphetamine or any compound, mixture or preparation containing amphetamine, as well as the penalties for conspiracy to commit these offenses. Currently, the offenses are class "C" felonies punishable by a term of imprisonment not to exceed 10 years and a fine of not less than $1,000 or more than $50,000, regardless of the amount of amphetamine involved in the offense.
The Act provides that an offense involving more than five kilograms of amphetamine or a compound containing amphetamine is a class "B" felony punishable by a term of imprisonment not to exceed 50 years and a fine of not more than $1 million. Because the offense is created in Code Section 124.401, subsection 1, paragraph "a," defendants awaiting judgment and sentencing following a plea or verdict and defendants appealing a conviction for this offense cannot be admitted to bail under Code Section 811.1.
The Act further provides that an offense involving more than five grams, but not more than five kilograms, of amphetamine or a compound containing amphetamine is a class "B" felony punishable by a term of imprisonment not to exceed 25 years and a fine of not less than $5,000 or more than $100,000.
The Act also provides that an offense involving five grams or less of amphetamine or a compound containing amphetamine is a class "C" felony punishable by a term of imprisonment not to exceed 10 years and a fine of not less than $1,000 or more than $50,000.

HOUSE FILE 674 - Wrongful Imprisonment (full text of act)

BY COMMITTEE ON JUDICIARY. This Act permits a person wrongfully imprisoned to file a claim for damages against the state under the Iowa Tort Claims Act. A wrongfully imprisoned person is a person who was charged with, convicted of, and sentenced to serve a term of incarceration for an aggravated misdemeanor or felony, and whose conviction was vacated, dismissed or reversed either because the offense was committed by another person or the offense was a fabrication.
Under the new provision, upon receipt of an order reversing, vacating or dismissing a conviction, the district court is to make a finding as to whether there is clear and convincing evidence that the person is a wrongfully imprisoned person. If the court finds that the person was wrongfully imprisoned, the court must orally inform the person and that person's attorney that they have a right to commence an action under the Iowa Tort Claims Act.
Once the order is entered by the court, the clerk is to forward a copy to the person who was wrongfully imprisoned and the State Appeal Board. The person must file a claim within two years of entry of the order. The damages recoverable by a person for wrongful imprisonment include the amount of any restitution imposed and paid, for any fines, penalties, surcharges, or court costs. Damages recoverable also include $50 per day of wrongful imprisonment; the value of any lost wages, salary or other earned income which directly resulted from the arrest, prosecution, conviction, and imprisonment, up to $25,000; and the value of reasonable attorney's fees for services provided in connection with bringing an action to recover damages for wrongful imprisonment. In awarding damages, the State Appeal Board may not offset any expenses incurred by the state or political subdivision in connection with the arrest, prosecution and imprisonment of the individual. Claims for damages brought under the new provision do not preclude or limit claims for relief based on negligent or wrongful actions or omissions that arose during the period of wrongful imprisonment, but which are not related to the facts or circumstances underlying the conviction.

HOUSE FILE 707 - Operating While Intoxicated and Related Provisions (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the laws relating to the offense of operating while intoxicated (OWI).
The Act provides that any conviction or revocation deleted from motor vehicle operating records shall not be considered a previous offense under Code Chapter 321J for purposes of determining the level of punishment. The Act makes a related amendment to Code Section 321.12 requiring that records of OWI arrests and license revocations be deleted from operating records by the State Department of Transportation 12 years after the conviction or revocation becomes effective. All references in Code Chapter 321J to the previous six-year "window," which counted only convictions and revocations received within the previous six years in determining punishment for the current offense, are deleted.
The Act requires the Department of Public Safety, the Governor's Traffic Safety Bureau, the State Department of Transportation, the Governor, and the Attorney General to engage in an ongoing public education campaign regarding the dangers of and legal penalties associated with drunk driving.
A person convicted of a first offense of drunk driving is subject to a mandatory fine of $1,000, and assignment to substance abuse evaluation, a Reality Education Substance Abuse Prevention Program, and a course for drinking drivers, in addition to the current provisions regarding jail time and license revocation. Provision is made for waiver of a portion of the fine if no personal or property damage occurred, and for performance of community service in lieu of a fine. The minimum fines for subsequent OWI offenses are also increased.
The Act also prohibits use of deferred judgments, deferred sentences, and suspended sentences for OWI violations if the defendant's blood alcohol concentration exceeds 0.15, if the defendant has previously been convicted of or has received a deferred judgment for an OWI violation, if the defendant refused to consent to testing, or if the OWI violation resulted in bodily injury to a person other than defendant.
The Act removes the $2,000 limitation on victim restitution owed by a convicted drunk driver, and makes restitution of up to $500 per agency response available to any public agency for the costs of emergency response services related to the acts underlying the drunk driving conviction. The county attorney may present such damages in the statement of pecuniary damages.
Persons convicted of a second OWI offense are not eligible for a temporary restricted license or early license reinstatement for the first year of the two-year revocation, and on a third or subsequent OWI violation, are not eligible for a temporary restricted license for the first two years of the six-year revocation. Ignition interlock devices are required as a condition for issuance of a temporary restricted license for any persons convicted of a second or subsequent OWI offense. A similar provision is added in Code Section 707.6A for persons convicted of causing death as a result of an OWI violation. The Act also increases the license revocation period for refusal to consent to chemical testing under Code Section 321J.9 to one year for persons with no previous OWI-related revocation, and two years for persons with one or more previous OWI-related revocations.
The Act requires all persons whose licenses are revoked under Code Chapter 321J to complete a course for drinking drivers and a substance abuse evaluation prior to any reinstatement of the person's license. A similar requirement has been added in Code Section 707.6A for persons convicted of causing a death in the course of an OWI violation.
The Act provides that if a person is convicted of a second or subsequent offense of driving a vehicle while that person's license is suspended, denied, revoked, or barred for a violation of Code Chapter 321J, then in addition to the applicable criminal penalty, the vehicle used in commission of the offense shall be subject to seizure and forfeiture pursuant to Code Chapters 809 and 809A. The Act also establishes a simple misdemeanor offense for any person who knowingly consents to operation of the person's vehicle by a person whose license is suspended, denied, revoked, or barred for a violation of Code Chapter 321J, and provides for civil liability by such a vehicle owner for damages caused by the drunk driver.
An oral certificate of death or unconsciousness of an OWI suspect under Code Section 321J.7 must be placed in writing by the physician within a reasonable time after the oral certification.
Bail is no longer available for persons awaiting judgment of conviction and sentencing for vehicular homicide, or pending appeal of a conviction of vehicular homicide under Code Section 707.6A.
The age limitation and the consent requirements are removed from the Reality Education Substance Abuse Prevention Program provision in Code Section 321J.24.
The Act includes a state mandate as defined in Code Chapter 25B. It makes inapplicable Code Section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in this Act.

HOUSE FILE 734 - Fees and Penalties Relating to Corrections and License Revocations (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act imposes a $200 civil penalty on a person when the person's motor vehicle license has been suspended, revoked or barred for violation of Code Chapter 321, Motor Vehicles and Law of the Road, or Code Chapter 321A, Motor Vehicle Financial Responsibility. The Act requires a conviction for purposes of imposing a civil penalty under Code Chapter 321 and limits the penalty to $50 for persons age 19 or under.
The Act requires that moneys collected by the State Department of Transportation pursuant to this penalty be deposited in the General Fund of the State, except during FY 1998, when the moneys shall be deposited with the Department of Human Services. For FY 1998, the Act specifies that the first $1 million collected shall be used for county or multicounty juvenile detention homes. Moneys collected beyond $1 million during FY 1998 shall be allocated to the judicial districts for runaway assessment facilities and services and juvenile delinquency prevention and intervention services.
The Act provides that a correctional fee assessed an inmate for custodial expenses incurred shall be credited to the appropriate correctional institution and deletes the prior provision that had assessed the fee as court costs and credited any moneys received to the General Fund of the State.
The Act also establishes a supervision fee to be assessed a person placed on probation or parole and who is subject to supervision by a Judicial District Department of Correctional Services. The fees collected shall be credited to the Judicial District Department of Correctional Services. The Act requires that the Department of Corrections adopt a rule providing for waiver of the fee for persons unable to pay. The Act also establishes that the fees be paid or waived prior to the person's discharge from probation.
The Act also establishes a procedure for allocating moneys received by an inmate while employed in private industry and specifies the allocation of any moneys received.
The Act also provides that institutional receipts of the Department of Corrections which are specifically required to be otherwise expended or deposited are not to be deposited in the General Fund of the State. The Act also changes the Iowa Prison Recycling Fund language to provide for separate funds for each prison institution within the State Treasury. Currently, there is a single fund for all institutions.

HOUSE JOINT RESOLUTION 10 - Proposed Constitutional Amendment — Offenses Tried Without Indictment (full text of act)

BY COMMITTEE ON JUDICIARY. This Joint Resolution proposes an amendment to the Constitution of the State of Iowa regarding certain misdemeanors that are tried summarily by magistrates, or other judicial officers, without indictment. It eliminates the limitation on fines, so that the only criterion for summary disposition is whether the punishment is 30 days or less of imprisonment.
This Joint Resolution was also adopted by the Seventy-Sixth General Assembly and consequently will be submitted to the electorate for ratification at the general election in November 1998.

RELATED LEGISLATION

SENATE FILE 118 -- Substantive Code Corrections

(Complete summary under STATE GOVERNMENT)

This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, including making changes relating to distribution of controlled substances in public parks, public swimming pools or public recreation centers; making changes in the description of the offenses committed in other jurisdictions which would require that an individual register as a sex offender; and, in the domestic abuse assault statute, conforming terminology, striking redundant language, and conforming mandatory minimum penalties to other statutory felony penalties.

SENATE FILE 131 -- Fraudulent Practices Involving Public Assistance Benefits

(Complete summary under HUMAN SERVICES)

This Act relates to fraudulent practices involving Family Investment and Medical Assistance (Medicaid) Program benefits and makes penalties applicable.

SENATE FILE 132 -- Department of Transportation — Miscellaneous Provisions

(Complete summary under TRANSPORTATION)

This Act increases the penalties for violations of Code chapters regulating vehicle recyclers and motor vehicle manufacturers, distributors and dealers, from a simple to a serious misdemeanor.

SENATE FILE 177 -- Motor Vehicle Operation — Parking — Littering

(Complete summary under TRANSPORTATION)

This Act makes changes to several provisions relating to the operation of motor vehicles, including the designation of certain scheduled fines, and establishes the offense of careless driving.

SENATE FILE 214 -- Use and Disposal of Sewage Sludge

(Complete summary under ENVIRONMENTAL PROTECTION)

This Act relates to the regulation of the use and disposal of sewage sludge. The Act establishes criminal liability for acts or omissions involved in the sale of sludge by the owner of a publicly owned treatment works. The Act also prohibits the use or disposal of sewage sludge without a permit and makes the prohibited acts relating to sewage sludge subject to certain existing penalties.

SENATE FILE 229 -- Motor Vehicle Licenses for Undercover Officers

(Complete summary under TRANSPORTATION)

This Act authorizes the State Department of Transportation to issue a motor vehicle license to a peace officer or federal law enforcement officer for the purpose of providing the officer with a fictitious identity for use when performing undercover duty.

SENATE FILE 240 -- Federal Block Grant Appropriations

(Complete summary under APPROPRIATIONS)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, and for the state fiscal year beginning July 1, 1997, and ending June 30, 1998. The Act includes funding for substance abuse programs involving inmates of correctional facilities and for local law enforcement.

SENATE FILE 515 -- Juvenile Justice and Youthful Offenders

(Complete summary under CHILDREN & YOUTH)

This Act makes a variety of changes relating to illegal conduct by juveniles and youthful offenders, including violations of alcohol regulations; dramshop liability for providing alcohol to underage persons; sharing of information pertaining to juveniles between law enforcement, social services, and education agencies; the providing of information to the public regarding delinquent juveniles and juveniles who have escaped from detention facilities; maintenance of criminal history information on juveniles, the sharing of jurisdiction between the adult and juvenile courts for certain youthful offenders; permitting the expansion of the Peer Review Court Pilot Project statewide; and providing for a study of the laws and programs established to reform juvenile delinquents and reduce juvenile crime.

SENATE FILE 523 -- Health Care Facilities — Records Checks — Home Health Services

(Complete summary under HEALTH & SAFETY)

This Act provides for the Department of Public Safety to perform preemployment criminal and dependent adult abuse records checks of prospective employees of health care facilities regulated by the Department of Inspections and Appeals.

SENATE FILE 533 -- Appropriations — Justice System

(Complete summary under APPROPRIATIONS)

This Act appropriates moneys for FY 1997-1998, to the Department of Justice; Office of Consumer Advocate; Board of Parole; Department of Corrections, including correctional facilities and the judicial district departments of correctional services; Judicial Department; State Public Defender; Iowa Law Enforcement Academy; Department of Public Defense; and the Department of Public Safety; and contains related statutory provisions. Under the Act, appropriations to the justice system total $381 million, reflecting an increase in appropriations from the State General Fund of approximately $42.2 million from the FY 1997 appropriation. The Act authorizes an additional 35 correctional officers and provides additional money for the two newest prisons at Newton and Fort Dodge. The Act delays the full implementation of the inmate hard labor requirements by one year and limits inmate access to cable television to channels representing networks or stations for which a fee is normally not required.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes provisions reestablishing the Domestic Abuse Income Tax Checkoff.

HOUSE FILE 313 -- Requirements for Certain Child Day Care Providers

(Complete summary under CHILDREN & YOUTH)

This Act requires criminal and child abuse record checks by the Department of Human Services of otherwise unregistered or unlicensed persons who receive public funding for providing child day care. A person with a criminal or founded abuse record who would be prohibited from providing child day care under the Act but who continues to provide care is subject to injunction and a criminal penalty.

HOUSE FILE 439 -- Repository for Licensing, Registry, and Criminal History Information

(Complete summary under HEALTH & SAFETY)

This Act requires development of a single contact repository for criminal history, child and dependent adult abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. The purpose of the repository is to permit employers, local governments and state agencies to obtain the above information with one contact. The Department of Inspections and Appeals is to lead other state agencies in this effort and report to the General Assembly by January 15, 1998.

HOUSE FILE 589 -- Boxing and Wrestling

(Complete summary under STATE GOVERNMENT)

This Act makes it a serious misdemeanor for a person to act as a professional boxing or wrestling promoter without first obtaining a license from the State Commissioner of Athletics.

HOUSE FILE 704 -- Transportation Regulation

(Complete summary under TRANSPORTATION)

This Act makes changes to statutory provisions affecting the State Department of Transportation, including eliminating the $100 cap on fines for moving violations that occur in road work zones.

HOUSE FILE 715 -- Appropriations — Human Services

(Complete summary under APPROPRIATIONS)

This Act makes appropriations to the Department of Human Services and includes numerous provisions affecting children, including the Family Investment Program or FIP (previously known as Aid to Families with Dependent Children or AFDC); child day care assistance; juvenile justice, foster care, adoption and other child welfare programs; pregnancy prevention programs; and various family preservation and family-centered services.

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