1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

CRIMINAL LAW, PROCEDURE AND CORRECTIONS

CRIMINAL LAW, PROCEDURE AND CORRECTIONSs LEGISLATION

SENATE FILE 466 - Video Rental Property Theft (full text of act)

BY COMMITTEE ON JUDICIARY. This Act establishes new Code Chapter 714C to provide for the crime of theft of video rental property. The Act defines theft of video rental property as either obtaining the video rental property with the intent to deprive the owner of the property or failing to return the property with the intent to deprive the owner of the property.

The Act provides that the value of the video rental property taken is the retail value of the property.

The Act provides that first degree theft of video rental property shall be punishable as theft as provided in Code Section 714.2, based upon the aggregate value of the property.

The Act further provides that certain facts establish an intent to knowingly deprive an owner of video rental property. The Act also provides affirmative defenses to theft of video rental property, if the person pays the owner the fair market value of the video rental property or returns the video rental property, along with certain additional charges if applicable, within 48 hours after the person is arrested.

The Act provides that the new chapter does not preclude the applicability of any other provision of law for an act otherwise covered by new Code Chapter 714C.

SENATE FILE 490 - Consumer Frauds (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends provisions of the consumer fraud law. The Act rewrites provisions that provide limited immunity from criminal prosecution to a person providing information in a civil action brought by the Attorney General under Code Section 714.16, to provide that such immunity shall not arise unless the person providing the information has first asserted a right against self-incrimination and the Attorney General provides a written statement that information provided by the person will not be used in a subsequent criminal action.

The Act authorizes the Attorney General to commence an action under Code Section 714.16 against a person who fails to respond to a subpoena or other formal investigation request of the Attorney General in Polk County District Court, as well as the district court in the county in which the person resides or is located.

The Act authorizes the Attorney General to bring an action on behalf of the residents of this state under the federal Telemarketing and Consumer Fraud and Abuse Prevention Act.

The Act also permits the Attorney General to establish and accept a settlement amount related to an investigation of a consumer fraud allegedly committed against an older person, whether or not that investigation results in litigation.

SENATE FILE 2073 - Partial-Birth Abortions (Complete summary under EHN, REDWINE, KING, McKIBBEN, DOUGLAS, McKEAN, ANGELO, REHBERG, SCHUERER, HEDGE, FREEMAN, IVERSON, BOETTGER, JENSEN, RENSINK, FLYNN, BARTZ, REDFERN, McCOY, McLAREN, AND BORLAUG.)

This Act prohibits a person from performing a partial-birth abortion relative to a human fetus. Notwithstanding the prohibition, the Act provides that a person may perform a partial-birth abortion if necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury.

The Act defines "abortion," "fetus," "partial-birth abortion," and "vaginally delivers a living fetus before killing the fetus" for the purposes of the Act. The Act also provides that the provisions in the Act are not to be construed to create a right to an abortion.

The Act provides that the mother, the father of the fetus, or, if the mother is less than 18 years of age or unmarried at the time of the performance of the partial-birth abortion, a maternal grandparent of the fetus, may bring a civil action against a person violating the criminal provisions of the Act for relief, which includes statutory and compensatory damages.

A person who performs a partial-birth abortion in violation of the Act is guilty of a class "C" felony, which carries a maximum sentence of confinement not to exceed 10 years and a fine of at least $500, but not to exceed $10,000.

The Act excludes the mother upon whom a partial-birth abortion is performed from prosecution for violation of the Act, or for conspiracy to violate the Act.

If a licensed physician subject to the authority of the Board of Medical Examiners is accused of an offense under the Act, the licensed physician may seek a hearing before the board as to whether the physician's conduct was necessary to save the mother's life. Upon the motion of an accused licensed physician, the court is to delay the beginning of a criminal trial for 30 days to permit the hearing before the board.

SENATE FILE 2082 - Anhydrous Ammonia (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act amends Code Chapter 200, which is known as the "Iowa Fertilizer Law." The chapter provides for the regulation of anhydrous ammonia by the Secretary of Agriculture. Code Section 200.14 requires that the secretary adopt rules relating to the safe installation and operation of equipment for storage, handling, transportation, and use of anhydrous ammonia. The section requires that anhydrous ammonia equipment be installed and maintained in a safe operating condition. It also prohibits an unauthorized person from selling, filling, delivering, or using anhydrous ammonia containers or receptacles. A person violating the section's provisions is guilty of a simple misdemeanor.

This Act provides enhanced penalties for intentionally tampering with anhydrous ammonia equipment. Tampering occurs when a person not authorized by the equipment's owner uses the equipment in violation of the chapter or of a rule adopted by the Secretary of Agriculture. The enhanced penalties also apply to possessing or transporting anhydrous ammonia in a container not authorized by the secretary. The enhanced civil penalty cannot be more than $1,500, and is assessed in addition to the imposition of the simple misdemeanor penalty. A person tampering with the equipment cannot sue the owner of the equipment, any person responsible for the installation and maintenance of the equipment, or the person lawfully selling the anhydrous ammonia for damages arising out of the tampering.

The Act takes effect February 19, 1998.

SENATE FILE 2090 - Compensation for Indigent Defense (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes in the procedures applicable to payment of costs and expenses in postconviction actions relating to forfeiture of reductions in sentence based on good conduct time which had been earned by an inmate against the sentence. Under current law, claims for cost and expenses incurred are submitted to the court for approval and forwarded to the county for payment. Once the county has paid, the claim is forwarded to the Executive Council for reimbursement from the General Fund of the State. Under the Act, those claims would be forwarded to the State Public Defender for payment from the Indigent Defense Fund.

The Act takes effect March 31, 1998, and is made retroactively applicable to claims approved by the court on or before that date. For claims paid by counties before the effective date of the Act for which the county has not received full reimbursement from the Executive Council, the county is permitted to submit claims to the State Appeal Board for reimbursement of the difference.

SENATE FILE 2259 - Search Warrant Applications (full text of act)

BY COMMITTEE ON JUDICIARY. This Act strikes language that requires a magistrate to make a determination of the credibility of information in a search warrant application if the application is based on information from an informant. The magistrate is still required to determine whether the application or sworn testimony in support of the application supports the credibility of the informant or of the informant's information. The requirement that the magistrate identify in the warrant only the peace officer from whom the information was given is retained in the statute as amended by the Act.

SENATE FILE 2292 - Sex Offender Registry (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the sex offender registration chapter by making changes to definitions, providing for lifetime registration for repeat offenders, providing for registration of offenders who are required to register in another state but whose crimes do not trigger the registration requirements in this state, making changes in the notification and offender reporting requirements, providing for offender risk assessment, and codifying language regarding the applicability of registration requirements.

The definition of the term "criminal offense against a minor" is amended to delete kidnapping of a minor and false imprisonment of a minor. The definition of the term "sexually violent offense" is amended by adding false imprisonment to the list of offenses that involve sexual abuse or attempted sexual abuse. The term "sexually violent offense" is also amended by striking three offenses from the definition: telephone dissemination of obscene materials, rental or sale of hard core pornography, and indecent exposure. The same three offenses are contained in the new definition of "other relevant offense," which is incorporated into the list of offenses requiring registration. A definition of the term "sexually violent predator" is created, and is defined the same as in the federal definition of "sexually violent predator" under the Violent Crime Control and Law Enforcement Act of 1994. Language which referenced the federal definition in other provisions of the chapter is stricken to utilize the new state definition.

The provisions that establish an individual's duty to register as a sex offender are amended to require registration in Iowa by persons who are convicted of a offense in a court in another state, a federal court, a military court, a tribal court, or a foreign court; persons who commit offenses in other jurisdictions that would require registration if the offense were committed in this state; and persons who are required to register in another state. Language is added to provide for the tolling of the period of registration during the time that a registrant is incarcerated for an offense that does not require registration. A requirement is added that provides that if a person is convicted more than once of a crime that requires registration, the person must register for the rest of the person's life. If the juvenile court modifies an order that had required the registration of a juvenile, the court must notify the department of the modification. Convictions for more than one offense that require registration but which are prosecuted in a single indictment are to be considered as a single offense for purposes of registration. The Code section addressing changes in information about a registrant is expanded to require that the person provide information relating to certain new legal name changes, and to provide that the registry be cross-referenced by name at the time of conviction and by name subsequent to any change. The Act also requires that persons who move to another state must register with the registering agency of the other state within 10 days of changing residency if sex offenders are required to register under the laws of that state. The Department of Public Safety or the county sheriff may notify the registering agency in the other state of the registrant's new address, telephone number or name.

Sexually violent predators are required to provide the registry with information beyond that which is required for other sex offenders, including other identifying factors, anticipated future residence, offense history, and documentation of any treatment received by the person for mental abnormality or personality disorder. The public notification provisions are modified to provide that any person may contact a sheriff's office or police department in writing to request information regarding any person who is required to register. The request must include the registrant's name and at least one of the following additional identifiers: the registrant's date of birth, social security number, or address. Additionally, the county sheriff or a police department is to provide, in accordance with rules adopted by the Department of Public Safety, a list of all registrants in that county who are classified as "at-risk" of reoffending. The Department of Corrections, the Department of Human Services, and the Division of Criminal Investigation of the Department of Public Safety, in consultation with one another, are to develop methods and procedures for the assessment of persons required to register as sex offenders and sexually violent predators and are to perform assessments of offenders who are under their respective jurisdictions.

Language relating to the release of information is changed to include information regarding convictions for the crimes of sexual exploitation and those offenses classified as other relevant offenses. The Department of Public Safety is to provide electronic access to relevant information from the registry pertaining to offenders who are convicted of offenses which require registration as a sex offender and who have been classified as "at-risk" of reoffending.

The registration provisions are made applicable to persons convicted of criminal offenses against a minor, sexual exploitation, sexually violent offenses, and other relevant offenses prior to July 1, 1995, but who are released after that date. Persons who are convicted in federal, military, tribal, or foreign court or who are required to register in another state are to register in Iowa as of July 1, 1998.

The provision restricting the release of presentence reports is amended to provide for release of the report to the department responsible for conducting the offender assessment of risk.

The Department of Public Safety is required to submit a request to the U.S. Department of Justice for a determination of whether the failure of a state to include kidnapping and false imprisonment as criminal offenses against a minor will result in a state being found not to be in compliance with the federal Megan's Law amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. If the department receives an opinion that a state would not be in compliance if those offenses are not included within that definition, the department is to seek an exception from that requirement and shall report the information regarding the contents of the Department of Justice opinion and any results of an exception request at the commencement of the session of the General Assembly which convenes in January of 1999.

SENATE FILE 2331 - Transportation of Prisoners and Sharing Habilitative Services and Treatment Resources for Offenders (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes relating to various agreements to provide certain services to inmates of correctional institutions and prisoners in county jails.

The Act exempts any persons who are engaged in the business of transporting prisoners under a contract with the Iowa Department of Corrections, a county sheriff, or with a similar agency from another state or the federal government from requirements pertaining to private investigative agencies and security agents and from requirements pertaining to the carrying of weapons. The Act provides that a county sheriff and the Department of Corrections, when respectively contracting with a private person or entity for the transportation of inmates or prisoners to or from a jail or correctional facility, are to include in the contracts provisions which require that the person, entity or officers or employees of the entity have not committed certain specified crimes; that the person actually transporting the prisoners be trained and proficient in the safe use of firearms; that any employees of the private entity only possess and use security and restraint equipment issued by the private entity; that the person or persons providing the actual transportation be trained and proficient in appropriate transportation procedures; and that the person or entity comply with any applicable standards promulgated by the American Corrections Association for the transportation of prisoners. The Department of Corrections is also required to adopt rules pertaining to contacts with private persons or entities providing transportation of inmates of institutions under the control of the department.

This Act authorizes the Director of Corrections to enter into agreements to utilize mental health institutions and share Department of Human Services' staff in order to provide habilitative and treatment services and other special needs programs for inmates in the corrections institutions. The agreements are to provide that the costs of the habilitative and treatment services are to be paid from state funds. If the agreement pertains to the use of mental health institution staff and resources other than the use of a building or facility to provide habilitative and treatment services and other special needs programming, the directors of Corrections and Human Resources are to notify the chairpersons and ranking members of the joint appropriations subcommittees that handle the appropriations for the those directors' respective departments. If the use of a building or facility is contemplated in the agreement, the approval of the General Assembly is required if the General Assembly is in session. If the General Assembly is not in session, the Legislative Council may grant temporary authority, which is subject to final approval of the General Assembly during the next succeeding legislative session.

SENATE FILE 2335 - Sexual Misconduct With Offenders and Juveniles (full text of act)

BY COMMITTEE ON JUDICIARY. This Act expands the criminal offense of sexual misconduct to prohibit sex acts between employees or agents of juvenile placement facilities and juveniles placed at such facilities. In addition, the Act prohibits such sex acts between employees or agents of counties and prisoners placed in a county jail.

Under prior law, only sex acts between correctional employees and adult offenders in custody were prohibited by the offense of sexual misconduct.

A person who violates this Act commits an aggravated misdemeanor.

SENATE FILE 2337 - Presentence Investigation Report Distribution (full text of act)

BY COMMITTEE ON JUDICIARY. This Act permits distribution of the presentence investigation report for purposes of providing interstate probation and parole compact services or evaluations.

Presentence reports are confidential and the court is required to provide safeguards to ensure confidentiality. The reports are to be sealed and opened only on order of the court. Currently, the presentence is distributed to the defendant's attorney and the attorney for the state prior to sentencing. A copy is also forwarded to the Director of the Iowa Department of Corrections if the defendant is not a class "A" felon.

SENATE FILE 2373 - Stalking and Harassment -- Criminal History Data and No-Contact Orders (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes pertaining to certain crimes against persons. A criminal records retention provision is amended to provide that criminal history information must include information pertaining to dismissals and acquittals which are based on the defendant's mental capacity if the offense charged involved allegations of the commission or the attempted commission of physical or mental injury to another. The dissemination of the dismissal and acquittal information is limited, however, to criminal and juvenile justice agencies and persons employed in or by those agencies.

The Act also requires criminal and juvenile justice agencies to collect and maintain information pertaining to stalking. The Department of Public Safety is permitted to compile information and statistics on stalking and generate reports on the incidence of stalking in this state.

One of the criteria established for enhanced stalking penalties is changed to provide for the imposition of a class "D" felony penalty where the person who committed the stalking offense is the subject of a civil or criminal protective order or injunction, or of any other court order pertaining to the victim, or is the subject of a civil or criminal protective order or injunction or other court order which pertains to another person against whom the person has committed a public offense.

The Act provides a procedure for the issuance of a no-contact order in harassment and stalking cases upon the arrest of a person who has allegedly committed the offense of harassment or stalking. If a person is arrested for either harassment or stalking and the magistrate finds that there is probable cause to believe that the person has committed the offense and that the presence of or contact with the person charged poses a threat to the safety of the victim, persons residing with the victim, or the victim's immediate family, then the magistrate is to enter a no-contact order. The no-contact order is to prevail over any existing order which may be in conflict with the no-contact order and is to remain in existence until modified or terminated by subsequent court action. Upon final disposition of the charge, the court is to determine whether the no-contact order should be modified or terminated. If the defendant is convicted of the charge, the court must provide for continuance of the no-contact order for five years from the date of judgment or the entry of a deferred judgment. The no-contact order will be extended in five-year increments for an indefinite period of time if, within 90 days of the expiration of the no-contact order, the victim files an affidavit stating that the defendant still poses a threat. The clerk of court is to provide the victim with a copy of the order and to provide notice of the no-contact order to applicable law enforcement agencies and dispatchers. Violation of a no-contact order is punishable by summary contempt proceedings. If a person is found to be in contempt, the person must serve a minimum of seven consecutive days in jail.

SENATE FILE 2377 - Probation Procedures -- Sixth Judicial District (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes to and, on June 30, 2000, sunsets the probation pilot project in the Sixth Judicial District. The Act limits the authority of the administrative parole and probation judges to those cases in which a person is sentenced to the custody of the Director of the Department of Corrections. The Act provides that the court retains jurisdiction in those cases to establish the amount of restitution, approve the plan of restitution, and reconsider the original sentence. The court also retains jurisdiction for arrest warrants, initial appearances, preliminary probation violation information, bond proceedings, violations of restitution plans, and appointment of counsel in those cases.

Language is added to allow the administrative parole and probation judge to conduct any or all appearances or hearings electronically or by telephone. An administrative parole and probation judge is permitted under the Act to reconsider a person's sentence if the person's probation was revoked by an administrative parole and probation judge in the Sixth Judicial District. The sheriff is required under the Act to coordinate and provide transportation and security for probation hearings conducted by an administrative parole and probation judge.

If a violation of probation is established, the Act authorizes the administrative parole and probation judge to continue the probation, sentence the defendant to a jail term while continuing probation, order the defendant to be placed in a violator facility while continuing probation, or revoke probation and require the defendant to serve the sentence imposed or some lesser sentence. If the defendant does not appeal the decision of the administrative parole and probation judge to the parole judge, the decision of the administrative parole and probation judge becomes a final decision.

Effective June 30, 2000, the Act removes references to the Sixth Judicial District probation pilot project and directs the Code Editor to harmonize the remaining language with any other amendments to those same provisions that do not relate to the pilot project. The Division of Criminal and Juvenile Justice of the Department of Human Rights is required to conduct an evaluation of the pilot project in cooperation with the court, prosecutors and community corrections personnel of the Sixth Judicial District and representatives of the Board of Parole and to submit the evaluation in a report to the General Assembly that convenes in January of 2001.

The portions of the Act that make changes to the pilot project but do not remove the references to the pilot project take effect May 18, 1998.

SENATE FILE 2385 - Minimum Term of Incarceration for Felony Domestic Abuse Assault (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes relating to the imposition of sentences for felony domestic abuse assault. The felony domestic abuse assault language in Code Section 708.2A is amended to specify that a person is to be sentenced to an indeterminate term of up to five years upon conviction for the offense, but that the person may not be released on parole or work release unless the person has served a minimum of one year of the person's sentence. The convicted person also may not receive a deferred judgment or deferred sentence.

SENATE FILE 2391 - Drug and Alcohol Offenses -- Penalties and Miscellaneous Provisions (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends certain operating-while-intoxicated (OWI) provisions, and penalties, sentencing and bail provisions for certain controlled substance offenses concerning marijuana and methamphetamine. The Act also amends previous drug-testing legislation.

Division I of the Act pertains to OWI, and takes effect April 22, 1998. Under Division I, license revocations for persons under age 21 who drive with a blood alcohol content of between 0.02 and 0.10 will be deleted from motor vehicle records according to the same rules that apply to regular OWI violations. Under Division I, the Code is amended to permit the court to suspend execution of a sentence for certain less serious offenders, and impose a period of probation after service of the mandatory minimum sentence. The Act also provides that a defendant who tests 0.15 or higher shall be subject to the conditions applicable to persons registering higher than 0.15, regardless of the standard of error associated with the test device.

Division II of the Act amends Code Chapter 321J to add an OWI offense for driving with any amount of a controlled substance within a person, as measured in the person's blood or urine. An affirmative defense is available for certain prescribed medications. Requirements for obtaining an involuntary blood sample are included in the Act.

Division III of the Act amends penalties for certain controlled substance violations, including increased penalties for marijuana trafficking, and certain repeat offenses, including possession of marijuana.

Division IV of the Act provides for the denial of federal and state benefits, such as grants, loans and licenses, to persons convicted of controlled substance violations. Denial of federal benefits is governed by the provisions of 21 U.S.C. e 862, and the denial of state benefits is comparable to the federal provisions.

Division V of the Act provides for the denial of bail to persons charged with trafficking of methamphetamine and certain other controlled substances, and prohibits the use of deferred judgments, deferred sentences or suspended sentences for certain methamphetamine trafficking offenses. The Act also limits the discretion of the judge when reducing a mandatory minimum sentence applicable to certain methamphetamine offenses by permitting a reduction of up to one-third of a sentence for a guilty plea, and up to one-half of the remaining mandatory minimum if the defendant cooperates in the prosecution of other persons involved in the sale or use of controlled substances and the prosecutor recommends the reduction.

Division VI of the Act amends previously passed drug-testing legislation. The Act makes provision for collection of urine specimens in a private but secure location, or for observation by persons of the same gender when direct monitoring occurs. The Act also addresses parental notification procedures for testing of minors. This Division takes effect April 22, 1998.

SENATE FILE 2398 - Confinement and Treatment of Sex Offenders (full text of act)

BY COMMITTEE ON JUDICIARY. This Act establishes a procedure for the civil commitment of persons who are determined to be sexually violent predators, provides for the imposition of a life sentence for persons who commit repeat acts of sexual abuse against children age 12 and younger, provides for hormonal intervention therapy for persons who commit serious sex offenses and the possibility of a special life sentence with parole for persons who commit felony serious sex offenses, and requests that the Legislative Council establish a study committee concerning treatments available and used to rehabilitate persons who have engaged in criminal sexual acts or activities.

Under the Act, a special civil commitment procedure is established for persons found to be sexually violent predators. A "sexually violent predator" is defined under the Act as a person who has been convicted of or charged with a sexually violent offense, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility. The definition of "sexually violent offense" includes any violation of the sexual abuse chapter; the commission of certain other criminal offenses if the offenses involved sexual abuse, attempted sexual abuse or the intent to commit sexual abuse; sexual exploitation of a minor; pandering involving a minor; and any similar offenses under prior Iowa law or the law of another jurisdiction which would be the equivalent of one of the enumerated offenses.

Not later than 90 days before the release of a person believed to be a sexually violent predator, the agency releasing the person is to give notice of the impending release of the person from confinement, treatment or other custody to the Attorney General and a Department of Corrections multidisciplinary team. The multidisciplinary team is to review available records to determine whether the individual in question meets the definition of a sexually violent predator, and to notify the Attorney General of the results of their assessment. The Attorney General is to establish a prosecutor's review committee which, like the corrections multidisciplinary team, is to conduct a review of the available information, including the multidisciplinary team's assessment, and to assist the Attorney General in determining whether the person is a sexually violent predator.

Within 75 days of receipt of the notice from the releasing agency, if it appears that the person may be a sexually violent predator and the prosecutor's review team has determined that the person meets the definition of a sexually violent predator, the Attorney General may file a petition alleging that the person is a sexually violent predator. A county attorney for the county in which a person was convicted or charged may also file a petition alleging that the person is a sexually violent predator if the person commits an act that either causes harm of a sexually violent nature or creates reasonable apprehension of harm of a sexually violent nature, and one of the following has occurred: the person was convicted of a sexually violent offense and completed service of the person's sentence for such offense; the person was charged with a sexually violent offense but was acquitted of the sexually violent offense by reason of insanity and has been released from confinement or supervision; or the person was charged with, but found incompetent to stand trial for, a sexually violent offense and has been released from confinement or supervision.

Upon the filing of the petition, the court is to make a preliminary determination of the existence of probable cause to support the petition. If the preliminary determination is affirmative, the court is to issue a custody order and an order for hearing on the issue of probable cause. If the person is already in custody, the court is to make a determination of whether transfer of the person to an appropriate secure facility is appropriate pending the outcome of the civil commitment proceeding, or whether the custody order should be delayed until the date of release of the person.

At the probable cause hearing, the person alleged to be a sexually violent predator has the right to be present, be represented by counsel, present and cross-examine the evidence, and view and copy all petitions and reports. If the court determines that there is probable cause to believe the person is a sexually violent predator, the court is to set the matter for trial and order a professional evaluation of the individual.

If the person is alleged to be a sexually violent predator, but was found to be incompetent to stand trial or not guilty by reason of insanity, and is about to be released, the court must first conduct a hearing to determine if the person actually did commit the act or acts charged before the court can conduct a trial to determine if the person should be committed. That hearing is to be conducted in the same manner and under the same procedures as a criminal trial. If the court finds that the person did commit the acts alleged, the matter may proceed to trial on the sexually violent predator commitment issue.

The trial on the issue of whether the person is a sexually violent predator is to be held within 60 days after completion of the probable cause hearing. The person, the Attorney General or the judge has the right to demand that the case be heard before a jury. At trial, the burden of proof is beyond a reasonable doubt. If the matter is heard by a jury, any determination that the person is a sexually violent predator must be by unanimous verdict. If the person is determined to be a sexually violent predator, the person is to be committed to the custody of the Director of the Department of Human Services for control, care and treatment until the time the public would be safe if the person were released. If a person is not found to be a sexually violent predator, the court is to direct the person's release from custody. If the trial proceedings result in a mistrial, the person is to be held in a secure facility until a new trial is conducted, which must be within 90 days of the previous proceeding.

A person who is committed as a sexually violent predator is to be committed to the care, custody and control of the Department of Human Services, although the department may contract with the Department of Corrections or other appropriate agency in this state or another state for placement of the persons. All persons who are committed as sexually violent predators and are in confinement under the supervision of the Director of the Department of Corrections are to be segregated from criminal offenders who are under the custody of the Department of Corrections. Persons who are committed to the custody of the Department of Human Services may be located in a facility that is separate from facilities used to house other individuals in the department's custody and care.

A person who has been committed as a sexually violent predator shall be examined annually by qualified professionals. The findings are to be submitted in a report to the court, which shall annually review the person's commitment status. The person may petition the court for discharge at any time and the filing of previous petitions will not jeopardize the person's right to petition the court for release. The Director of the Department of Human Services may also authorize a person to petition for their release, if the director believes that the person's condition has so changed that the public would be safe if the person were released. At any probable cause hearing on a petition, the person committed has the right to be represented by counsel, but is not entitled to be present. If the court finds that probable cause exists to believe that the public would be safe if the person were released, a full hearing must be held. The person is entitled to be present at the hearing and is entitled to all of the same protections that the person was entitled to at the original commitment trial.

Any involuntary detention or commitment must conform to constitutional requirements for care and treatment. The costs of the care and treatment provided is the responsibility of the Department of Human Services, although the department may seek reimbursement from the person committed or anyone legally liable or bound by contract for the support of the person committed.

Prior to the release of a person who has been committed as a sexually violent offender, victims of the person's activities or crimes are to be notified. A failure to notify does not create a cause of action against the state or employee of the state, however.

Records that would otherwise be confidential under Code Chapter 22 may be released to the agency which is about to release a person believed to be a sexually violent predator or to the Attorney General, for purposes of complying with the notice and other requirements of the Act. Any psychological reports, drug and alcohol reports, treatment records, diagnostic reports, or other medical records or victim impact statements submitted to the court are a part of the record, but shall be sealed and opened only on order of the court.

The Act also provides for the imposition of a life sentence for persons who commit sexual abuse against children age 12 and younger and have been previously convicted of sexual abuse against a child age 12 or younger.

The Act further creates Code Section 903B.1, which provides that persons who are convicted of certain enumerated "serious sex offenses" may be required to undergo hormonal intervention therapy by the court or the Board of Parole. If the person has been confined, the treatment is to commence before the person is released. If the person was not confined at the time of sentencing, a plan for commencement of treatment is to be developed and included in the presentence investigation report.

If the serious sex offense for which a person has been convicted is a felony, the court is given authority to provide for a special lifetime sentence with eligibility for community supervision on parole. The special sentence is to commence upon completion of the sentence for the underlying serious sex offense. Serious sex offenses include sexual abuse in the first, second or third degree, lascivious acts with a child, indecent contact with a minor, assault with intent to commit sexual abuse, sexual exploitation by a counselor, and sexual exploitation of a minor.

The Act also contains a provision requesting that the Legislative Council establish an interim study committee concerning the treatments available and used in the United States and other countries to rehabilitate persons who have engaged in criminal sexual acts or activities and to deter them from future acts. The committee is to issue a report to the General Assembly that convenes in 1999.

HOUSE FILE 2002 - Attempted Murder -- Mandatory Service of Sentence (full text of act)

BY HOLMES. This Act adds attempted murder to the list of crimes for which an inmate must serve 100 percent of their sentence, less any of the limited amount of good time that may be earned by the inmate. The Code provides that inmates convicted of a crime for which the entire term of incarceration must be served may accumulate a maximum reduction in sentence for good behavior of 15 percent of the sentence imposed, meaning that the inmate must effectively serve at least 85 percent of the sentence imposed.

Attempted murder is a class "B" felony. Class "B" felons are to be confined for no more than 25 years.

The Act takes effect February 27, 1998.

HOUSE FILE 2262 - Out-of-State Peace Officers (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides a procedure for agreements between the State of Iowa or a political subdivision of the State of Iowa and another state or a political subdivision of another state, under which out-of-state peace officers may engage in law enforcement activities in this state. An out-of-state peace officer is a certified or licensed, full-time, regular peace officer from another state or of the United States, who is empowered to make arrests and who is authorized to carry a firearm in the performance of the person's duties. Under the Act, out-of-state peace officers will be authorized to come into this state and make arrests and engage in law enforcement activities pursuant to agreements entered into under Code Chapter 28E.

Any arrests made and activities engaged in are subject to Iowa law and any conditions or specification contained in the agreement. An out-of-state peace officer acting pursuant to a 28E agreement under the Act is covered by the same immunity that applies to peace officers in this state. The State of Iowa or any political subdivision of the state is not liable for any acts or omissions that occur while the out-of-state peace officer is engaged in activities pursuant to the agreement. The out-of-state peace officer is not an employee or agent of the state or a political subdivision of the state while acting pursuant to the agreement. An out-of-state peace officer's appointing or employing agency or authority retains any liability permitted by law.

The Act does not limit an appointing authority or employing agency to regulate the conduct of those peace officers who are the agents or employees of the authority or agency.

HOUSE FILE 2324 - Statutory Elements of Assault (full text of act)

BY COMMITTEE ON JUDICIARY. This Act changes the statutory elements for two forms of assault: assault that is committed without the intent to inflict serious injury but which results in bodily injury or disabling mental illness; and assault against a peace officer, health care provider or fire fighter. In the first form of assault, the language relating to the lack of intent to inflict serious injury is eliminated, as is the requirement that any mental illness caused as a result of the assault must be disabling. With respect to an assault on a peace officer, health care provider or fire fighter, the requirement that any resulting mental illness be disabling is eliminated.

HOUSE FILE 2336 - Forcible Felon Liability (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that perpetrators of forcible felonies assume the risk of loss and liability for damages caused as a result of the perpetrators' criminal conduct. The term "perpetrator" includes both the principal actor and any others who either jointly participate in or aid or abet the commission of the forcible felony. A certified copy of a guilty plea, an order entering a judgment of guilt, a court record of conviction or adjudication, an order adjudicating a child delinquent, or a record of an informal adjustment agreement constitutes conclusive proof of assumption of risk and liability for damages caused by the perpetrator of the crime. Victims seeking damage awards under the new provision also must be awarded compensation for attorney fees and other reasonable expenses incurred in seeking those damages. Actions under the new provision will be stayed during the pendency of any criminal action pertaining to the crime.

HOUSE FILE 2337 - Drug Abuse Resistance Education Surcharge (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that the clerk of the district court, and not the court, shall assess the $5 DARE (Drug Abuse Resistance Education) surcharge on fines imposed by the court for violations of an offense in Code Chapter 321J, relating to operating while intoxicated offenses, or Code Chapter 124, Division IV, relating to controlled substances offenses.

HOUSE FILE 2369 - HIV-Related Testing of Alleged Offenders -- Criminal Transmission of HIV (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides for the HIV-related testing of an alleged offender who is charged with sexual assault, based upon the application for and issuance of a search warrant to require the testing. The Act provides for the holding of a hearing on the application for a search warrant, prescribes the grounds for a finding of probable cause to issue the search warrant, and makes confidentiality provisions and penalties for unauthorized disclosure of test results applicable.

This Act also establishes the crime of criminal transmission of the human immunodeficiency virus (HIV). The Act applies to a person who, knowing that the person's HIV status is positive, does one of three things: engages in intimate contact with another person; in some manner administers the person's blood, tissue, semen, organs, or other potentially infectious bodily fluids to another; or in some manner transfers to another person nonsterile, intravenous or intramuscular drug paraphernalia previously used by the person infected with HIV. Criminal transmission of HIV is a class "B" felony, the maximum sentence for which is confinement for no more than 25 years. The Act also provides that it is an affirmative defense if the person exposed knew that the other person had a positive HIV status, knew that the action of exposure could result in transmission of HIV, and consented to the action with this knowledge.

HOUSE FILE 2402 - First Degree Burglary -- Sexual Abuse as Possible Element (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the crime of burglary in the first degree to include perpetrating a burglary in or upon an occupied structure, and performing or participating in a sex act with any person which would constitute sexual abuse in the first, second or third degree. Burglary in the first degree is a class "B" felony. Class "B" felonies are punishable by confinement for no more than 25 years.

HOUSE FILE 2480 - Interception of Communications -- Sunset Provision Repeal (full text of act)

BY COMMITTEE ON JUDICIARY. This Act strikes the provision that provides for the repeal of Code Chapter 808B, relating to the interception of wire and aural communications. If the stricken provision were to take effect, the chapter would be repealed effective July 1, 1999.

HOUSE FILE 2482 - Crimes Relating to Railroad Property (full text of act)

BY COMMITTEE ON TRANSPORTATION. This Act establishes three new criminal offenses relating to criminal acts committed on or against the property owned, leased or operated by a railway corporation.

The Act adds to the criminal trespass statute the act of entering or remaining upon or in railroad property without lawful authority or the consent of the railway corporation which owns, leases or operates the railroad property. The new prohibition does not apply to federal and state railway officials performing their official duties, railway corporation employees acting in the course of employment, or any person engaged in a lawful business on railway station grounds or in the railway depot. The new prohibition also does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering onto the right-of-way or to vacate the right-of-way and the passage does not interfere with the operation of the railroad. Persons who knowingly commit trespass commit a simple misdemeanor. If injury to any person or damage with a value of more than $100 occurs or if the offense is committed with the intent to commit a hate crime under Code Section 729A.2, the offense is punishable as a serious misdemeanor. If the offense is committed with the intent to commit a hate crime under Code Section 729A.2, and injury to any person or damage in an amount more than $100 occurs, the offense is punishable as an aggravated misdemeanor.

A new serious misdemeanor offense of stowing away is created in the Act. A person commits the offense of stowing away when, without lawful authority or the consent of the railway corporation, the person rides on the outside of a train or train component or rides on the inside of a train or train component which is not a passenger car.

The Act also creates the new offense of railroad vandalism. Railroad vandalism includes activities such as discharging firearms or other devices at trains or train components; launching, directing or propelling various objects or devices at trains, train components or railroad tracks; placing or dropping objects on trains, train components or railroad tracks; taking, removing, tampering, changing, altering, or interfering with a railroad roadbed, rail, tie, frog, sleeper, switch, viaduct, bridge, trestle, culvert, embankment, or other structure or appliance which pertains or is appurtenant to a railroad; removing parts or appurtenances from, damaging, impairing, disabling, or interfering with the operation of or rendering inoperable a railroad signal, train control system, train dispatching system, warning signal, highway-railroad grade crossing signal or gate, or railroad sign, placard or marker; taking, removing, disabling, tampering, changing, or altering a part or component of an operating mechanism or safety device of any train or train component; or taking, defacing, altering, obscuring, damaging, impairing, disabling, rendering inoperable, or changing railroad signs, signals, gates, or various equipment or equipment components.

If the railway vandalism results in a death, the offense is a class "B" felony, punishable by a maximum penalty of no more than 50 years, notwithstanding Code Section 902.9, subsection 1, which limits confinement for a class "B" felony to 25 years. If the railway vandalism results in serious injury, the offense is a class "B" felony. If the railway vandalism results in bodily injury or property damage which costs $10,000 or more to replace, repair or restore, the offense is punishable as a class "C" felony. If the railway vandalism results in property damage which costs less than $10,000 but more than $1,000 to replace, repair or restore, the offense is punishable as a class "D" felony. If the railway vandalism results in property damage which costs more than $500 but does not exceed $1,000 to replace, repair or restore, the offense is punishable as an aggravated misdemeanor. If the railway vandalism results in property damage which costs more than $100 but does not exceed $500 to replace, repair or restore, the offense is punishable as a serious misdemeanor. If the railway vandalism results in property damage which costs $100 or less to replace, repair or restore, the offense is punishable as a simple misdemeanor.

Except as otherwise provided, class "B" felonies are punishable under Code Section 902.9, subsection 1, by confinement for no more than 25 years. Class "C" felonies are punishable by confinement for no more than 10 years and a possible fine of at least $500, but not more than $10,000. Class "D" felonies are punishable by confinement for no more than five years and a possible fine of at least $500, but not more than $7,500. An aggravated misdemeanor is punishable by imprisonment not to exceed two years and a fine of at least $500, but not more than $5,000. A serious misdemeanor is punishable by a fine of at least $250, but not more than $1,500, and possible imprisonment not to exceed one year. A simple misdemeanor is punishable by either a fine of at least $50, but not more than $100, or imprisonment not to exceed 30 days.

RELATED LEGISLATION

SENATE FILE 316 -- Law Enforcement Officers' Training and Probationary Periods (Complete summary under LOCAL GOVERNMENT.)

This Act provides for time extension for the completion of law enforcement officer training and for the completion of probationary employment periods for deputy sheriffs and police patrol officers.

SENATE FILE 2136 -- 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 by changing the name of the Iowa Highway Safety Patrol to the Iowa State Patrol, conforming several provisions in the Iowa Financial Transaction Reporting Act to the model legislation upon which the Act was originally based, and correcting references and usage of terms and delete unused terms in provisions which pertain to economic and other penalties for certain criminal activity.

SENATE FILE 2254 -- Room and Board Charges for Certain Prisoners (Complete summary under LOCAL GOVERNMENT.)

This Act provides that a sheriff may collect room and board charges from a prisoner serving a sentence of contempt of court for violation of a domestic abuse order.

SENATE FILE 2320 -- Gambling Moratorium and Penalties for Underage Gamblers - VETOED BY THE GOVERNOR (Complete summary under GAMING.)

This bill would have imposed a moratorium of five years on the issuance of licenses for excursion gambling boats, limited the location of new excursion gambling boat licenses after the moratorium, imposed a scheduled violation for underage gambling, limited the civil penalty imposed against a licensee related to underage gambling, prohibited the loaning of money by credit card or other electronic means for gambling, and authorized the transfer of a gambling game license held by a pari-mutuel racetrack licensee with county voter approval.

SENATE FILE 2330 -- Civil Litigation by Inmates and Prisoners (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act regulates civil litigation by prisoners and inmates. Inmates whose lawsuits do not comply with the standards in the Act are subject to the dismissal of their lawsuits, and may be subject to the loss of some or all good time credits or up to 50 percent of the balance in the inmate's account.

SENATE FILE 2339 -- Payment of Costs of Postconviction Proceedings (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act eliminates the inmate entitlement to state-paid counsel in postconviction relief actions based on the alleged unlawful forfeiture of good conduct time and the exhaustion of administrative remedies to regain the good conduct time reduction in sentence, and in postconviction relief actions based on alleged unlawful custody or restraint due to the expiration of a person's sentence or revocation of probation, parole or conditional release or some other alleged unlawful action.

SENATE FILE 2374 -- Bail Enforcement Businesses, Private Investigative Agencies and Security Agents (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act regulates bail enforcement businesses and acts by bail enforcement agents and apprehension of the principal on a bail bond. Among other requirements, the Act requires licensure of bail enforcement businesses within the State of Iowa, and requires such businesses that are based outside of the state to notify local law enforcement prior to apprehending a principal on a bail bond. Persons apprehending a defendant under a bail bond may not act beyond the authority granted to a peace officer under similar circumstances. Persons who act without a valid license, or who undertake certain actions deemed to be "fraudulent practices" under the Act, are subject to criminal penalties. Persons who exceed the applicable standard of care in apprehending a defendant may be civilly liable to persons other than the defendant for injuries caused to such other persons.

SENATE FILE 2376 -- Regulation and Operation of Lottery (Complete summary under GAMING.)

This Act provides that lottery employees are not responsible for examining lottery equipment before or after drawings and it is a class "D" felony to redeem a lottery ticket with intent to defraud or to commit a theft of a lottery ticket.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes many child welfare and juvenile justice items, provisions for the fee charged for reinstatement of motor vehicle licenses to be allocated to local juvenile justice programs and reimbursement provisions for these programs, and provisions relating to sexually violent predators.

HOUSE FILE 2211 -- Liability for Inmate, Prisoner, and Escapee Expenses -- State Tort Claims (Complete summary under LOCAL GOVERNMENT.)

This Act specifies state liability for and payment of certain costs and expenses relating to the supervision and care of inmates, prisoners and escapees from state custody.

HOUSE FILE 2218 -- 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, 1998, and ending September 30, 1999, and for the state fiscal year beginning July 1, 1998, and ending June 30, 1999. The Act includes funding for various programs involving corrections, including the Drug Control and System Improvement and Residential Substance Abuse Treatment for State Prisoners Grant Programs.

HOUSE FILE 2292 -- Aquifer Storage and Recovery -- Permits (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act provides that a person, other than an aquifer storage and recovery permittee, withdrawing treated water from a permitted aquifer storage and recovery site within the state is subject to a civil penalty not to exceed $500 for each day the violation occurs as provided in Code Section 455B.279.

HOUSE FILE 2336 -- Forcible Felon Liability (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that perpetrators of forcible felonies assume the risk of loss and liability for damages caused as a result of the perpetrators' criminal conduct.

HOUSE FILE 2394 -- Penalties for Homicide by Vehicle (Complete summary under TRANSPORTATION.)

This Act provides for the suspension of a person's driver's license upon a charge of homicide by vehicle under Code Section 707.6A, subsection 1 or 2, and provides for sentencing changes regarding certain persons charged with homicide by vehicle.

HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act includes an appropriation to the Department of Corrections for construction of buildings to provide work space for inmates.

HOUSE FILE 2487 -- Alcohol Sales to Minors -- Fines and Penalties (Complete summary under ALCOHOL REGULATION & SUBSTANCE ABUSE.)

This Act makes changes in the fines and other penalties that must be paid for sale of alcohol to minors.

HOUSE FILE 2527 -- Victim Rights Act (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act transfers and reorganizes existing Code sections pertaining to the rights of victims of criminal offenses, including the right of a sexual assault victim to request HIV testing of the offender and to refuse a polygraph as a prerequisite to an investigation, and the obligation of an offender to make restitution to a victim. The Act also transfers notification obligations regarding prisoner release and escape to the new Victim Rights Code chapter, as well as certain protections for child witnesses and other special witnesses in cases of sexual assault. The Act contains a delayed effective date of January 1, 1999.

HOUSE FILE 2539 -- Appropriations -- Justice System (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys for FY 1999 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, the total appropriations to the justice system of $418.5 million reflect an increase in appropriations from the General Fund of the State of approximately $28 million from the FY 1998 appropriations. The Act provides money and additional positions to operate a 100-bed special needs women's unit at Mt. Pleasant. The Act transfers $1 million from the FY 1998 ending balance of the Prison Infrastructure Fund to the Department of Corrections for use in FY 1999. The funds are distributed to provide federal matching funds for construction of a 200-bed facility at the Mitchellville women's prison, to renovate the power plant and improve the water system at the Mitchellville women's prison, and for installation of perimeter fencing at the Mt. Pleasant prison to convert Department of Human Services beds to women's prison beds.

H F 2003 -- State Public Defender -- Fort Dodge Office (Complete summary under STATE GOVERNMENT.)

This Joint Resolution conveys the approval of the General Assembly of proposed action by the State Public Defender to convert the Fort Dodge satellite public defender office to a separate public defender office.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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