1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

CRIMINAL LAW, PROCEDURE & CORRECTIONS

CRIMINAL LAW, PROCEDURE & CORRECTIONS LEGISLATION

SENATE FILE 101 - Contraband in Prisons and Detention Facilities(full text of act)

BY COMMITTEE ON JUDICIARY. This Act establishes the offense of possessing contraband. The Act strikes current Code Section 719.7, regarding furnishing intoxicating beverages to inmates, and amends Code Section 719.8, regarding furnishing controlled substances to inmates. "Contraband" is defined as items such as controlled substances, intoxicating beverages, weapons, explosives, knives or other cutting devices, or other items which may be fashioned to cause death or injury, or items which may be used to facilitate an escape.

Possessing contraband is committed when a person without legal authorization to do so attempts to bring contraband into, or makes or possesses contraband within, a detention or correctional facility, including a secure facility for the detention or custody of juveniles. If the contraband is a weapon or other item that may be fashioned to cause death or injury, the person commits a class "C" felony. Any other contraband subjects the person to a class "D" felony.

The Act authorizes the x-raying of a person under the control of the Department of Corrections by a physician or licensed X-ray technician to determine if the person possesses contraband.

The Act also requires a person to report a violation of Code Section 719.7, or an attempt to possess contraband or the possession of contraband, to an official or officer at a correctional facility. Failure to report is an aggravated misdemeanor.

The Act further provides that the establishment of the offense of possessing contraband does not limit the authority of facility administrators to adopt rules regarding the definition of contraband, and the introduction, possession or making of substances, objects or other items.

The Act amends Code Section 719.8 by combining a portion of Code Section 719.7 into Code Section 719.8. The amended Code Section 719.8 prohibits the furnishing of a controlled substance or an intoxicating beverage to an inmate at a detention facility.

Class "C" felonies are punishable by confinement for no more than 10 years and a fine of at least $1,000, but not more than $10,000.

Class "D" felonies are punishable by confinement for no more than five years and a fine of at least $750, but not more than $7,500.

SENATE FILE 189 - Misdemeanor Classifications and Penalties - OWI Revocations(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes in the penalties for simple misdemeanors when a specific penalty is not provided in the Code, and reclassifies certain serious misdemeanors currently in the Code. The Act permits the court, upon a defendant's conviction of a simple misdemeanor, to order a fine of at least $50, but not more than $500, and provides discretion to the court to sentence a person to jail for up to 30 days in addition to a fine or in lieu of imposing a fine. Currently, a simple misdemeanor is punishable by a fine of at least $50, but not more than $100, or by a sentence not to exceed 30 days in jail.

The Act reclassifies from serious to simple misdemeanors the following offenses: certain driving under suspension offenses, use of fireworks, persons under legal age purchasing or in possession of alcohol (second or subsequent offense), polygraph examinations by employers, certain offenses regarding interference with official acts, and interference with traffic-control or railroad signs or signals. The Act imposes a mandatory minimum fine of $250 for any offense that is reclassified from a serious to simple misdemeanor.

The Act increases the maximum fine for violation of a city or county ordinance from $100 to $200.

The Act provides discretion to the court to impose a jail sentence in addition to ordering a mandatory fine for persons who commit the offense of driving under suspension or revocation, or driving while barred under Code Section 321J.21. Under current law, persons who violate Code Section 321J.21 may only be assessed a mandatory $1,000 fine. A person whose driver's license has been suspended, revoked or barred, and is subsequently convicted under Code Section 321J.21, frequently has seen their driving privileges suspended, revoked or barred due to a previous operating while intoxicated conviction.

The Act also changes the threshold dollar limit for persons to qualify for serious and simple misdemeanor penalties with respect to acts that constitute theft, fraudulent practice, computer damage, computer theft, criminal trespass, and criminal mischief. Under the Act, a person who commits such an act commits a simple misdemeanor if the value of the property is no more than $200, a serious misdemeanor if the value exceeds $200. Under current law, if the value of the property is no more than $100, the person commits a simple misdemeanor. If the value of the property exceeds $100, the person commits a serious misdemeanor.

SENATE FILE 192 - Open Containers in Motor Vehicles(full text of act)

BY COMMITTEE ON JUDICIARY. This Act changes the current Code provision relating to open containers in motor vehicles by prohibiting both the driver of and passengers in a motor vehicle, regardless of intent, from possessing an open or unsealed receptacle containing an alcoholic beverage in the passenger area of the motor vehicle. "Passenger area" is defined as the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while seated in the motor vehicle, including the glove compartment.

Current law prohibits the driver of a motor vehicle from knowingly possessing an open alcoholic beverage container within the immediate reach of the driver with the intent to consume the alcoholic beverage while the motor vehicle is upon a street or highway.

The Act also provides that an unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of a motor vehicle if the vehicle does not have a trunk. The current provision allows transportation of an open or unsealed receptacle in the trunk of a motor vehicle.

The Act excludes from its provisions passengers in the passenger area of a motor vehicle being operated for the transportation of persons for compensation and passengers in the living quarters of a motor home, mobile home, travel trailer, or fifth-wheel travel trailer. The Act also prohibits the state Department of Transportation from including a passenger's conviction for a violation of the Act on the passenger's driving record or from considering the conviction in a proceeding for suspension, revocation, barring, or denying of the passenger's driver's license or upon application for renewal of driving privileges.

A violation of the Act is a simple misdemeanor punishable by a scheduled fine of $50.

SENATE FILE 294 - Sex Offender Registration - Risk Assessments - Dissemination of Information(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 692A, regarding the sex offender registry.

The Act adds a list of offenses that require lifetime registration by the offender upon a conviction. These offenses include sexual abuse in the first and second degree; certain offenses constituting sexual abuse in the third degree; certain offenses constituting lascivious acts with a child; assault with the intent to commit sexual abuse; and burglary in the first degree, kidnapping or murder if a sexual abuse as defined in Code Section 709.1 is committed during the offense. The Act also requires lifetime registration if an offender has previously been convicted of one or more offenses that would have required registration or if an offender has been convicted of an offense in another state that would qualify the offender as a sexually violent predator in this state. Current law requires lifetime registration if the offender is required to register for a second time under Code Chapter 692A.

The Act requires the Attorney General to prosecute and defend any legal proceeding brought by or against an employee of a judicial district department of correctional services in the performance of an assessment of risk.

The Act also requires the Department of Public Safety to submit registry data to the National Sex Offender Registry.

The Act restricts the release of registry information to the public if a registrant is in the federal Witness Protection Program.

The Act transfers provisions relating to risk assessment and public notification currently contained in Code Section 692A.13, subsection 6, to new Code Section 692A.13A, and makes changes regarding the performance of those risk assessments and the dissemination of registry information. The Department of Public Safety is responsible for disclosing the assessment of risk information to a criminal or juvenile justice agency. The juvenile court must share information with other departments to develop methods and procedures for the assessment of risk for juveniles who qualify for the registry. In addition, juvenile court officers shall conduct risk assessments for juveniles under the jurisdiction of the juvenile court.

The Act establishes the procedures for dissemination of registry information to the public based upon the results of the risk assessment. If an offender is classified as "low-risk," the public may contact a law enforcement agency to obtain information about an offender or may obtain information from a web page established by a law enforcement agency. The Act establishes the requirements for disseminating registry information over the Internet. If an offender is classified as "moderate-risk" or "high-risk," information may be disseminated through press releases and fliers to various public and private agencies and organizations. In addition, if an offender is classified as "high-risk," information may also be disseminated to neighborhood associations.

The Act requires a registrant who is a nonresident of a county and who is a student or an employee to register also in the county where the person is attending school or working.

SENATE FILE 309 - Interception of Communications(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 808B, regarding the interception of communications.

The Act provides that law enforcement authorities may intercept an electronic communication if prior court approval is obtained. Existing law permits the interception only of wire or oral communications. An electronic communication is, generally, any alphanumeric transmission by a pager. A wire, oral or electronic communication may be intercepted when drug-related or money laundering offenses are suspected.

The Act also addresses the use by law enforcement authorities of a pen register or a trap and trace device. A pen register is a device used to identify any telephone number dialed from a certain telephone number. A trap and trace device is used to identify the telephone number of any incoming call to a certain telephone number. The Act provides that a pen register or trap and trace device shall not be installed unless prior court authorization is obtained. However, a pen register or trap and trace device may be used without a court order if it relates to the operation, protection or maintenance of telephone service, or if consent is obtained from the person using the service.

The Act also establishes a procedure for obtaining authorization from the court to use a pen register or trap and trace device. The applicant must provide information under oath and in writing to the court, that the information likely to be obtained is relevant to an ongoing criminal investigation. The court must find that relevant information to an ongoing criminal investigation is likely to be obtained from the use of a pen register or trap and trace device.

The Act also establishes a procedure for obtaining an emergency order to use a pen register or trap and trace device. The applicant may telephone the court to obtain an oral order authorizing the use of a pen register or trap and trace device if an emergency situation exists that may lead to the immediate death or serious injury of a person. An emergency order may only be in effect for 48 hours.

The Act provides that the court may also, upon the request of law enforcement, order a common communications carrier, landlord or any other person to assist law enforcement in the installation and use of a pen register or trap and trace device. Any person assisting law enforcement shall be compensated for the services provided and shall not be held liable for compliance with the statute or with a court order issued pursuant to the statute.

Any authorized order issued pursuant to this Act is effective for only 60 days. However, the court may authorize an extension of its order for up to an additional 60 days.

SENATE FILE 395 - Department of Corrections - Miscellaneous Provisions(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes several changes related to the Department of Corrections.

Code Section 8.62 is amended to permit agencies to purchase goods and services from Iowa Prison Industries from moneys appropriated to the agencies for operational expenses that would otherwise revert to the General Fund of the State at the end of the fiscal year. Previously, agencies could use up to 50 percent of this nonreversion money for employee training or technology only. In addition, the Act strikes the provision that would have repealed this section on September 1, 1999.

Code Section 719.4 is amended to provide that a person convicted of a felony or misdemeanor who intentionally attempts to escape from a detention facility, correctional facility or institution commits a class "D" felony or a serious misdemeanor, respectively. Previously, these particular criminal penalties only applied to a person who intentionally escaped.

Code Section 903A.5, concerning the crediting of time served by inmates, is amended. The Act provides that, unless the inmate was confined in a correctional facility, the sheriff of the county in which an inmate is confined shall certify the number of days served by the inmate to the records administrator at the Iowa Medical and Classification Center and to the applicable clerk of the district court. The records administrator, or designee, is required to apply jail credit as ordered by the court or as otherwise authorized, and shall then forward a copy of the number of days served to the applicable clerk of the district court. The Act also provides that an inmate who has committed an offense while confined shall not receive jail credit for that offense.

Code Section 904.703 is amended to specifically provide that agreements by the Department of Corrections with the state or its political subdivisions for the purpose of providing services through an inmate work program can be made through a Chapter 28E agreement. Specific authority to enter into a Chapter 28E agreement with a county board of supervisors or conservation board to provide inmate services for environmental maintenance, such as weed control, is eliminated.

Code Section 904.809, subsection 5, governing deductions from moneys earned by inmates who work for a private sector employer, is amended. The Act provides that an inmate employed by a private sector employer shall surrender the inmate's earnings, less all tax deductions, to the Department of Corrections. The employer is also to provide the employed inmate with withholding statements and any other information necessary for the filing of the inmate's tax returns. The deductions, which are to be made by the Department of Corrections from the balance of an inmate's earnings, are modified. From the inmate's gross payroll earnings, 20 percent shall go to the inmate's general account, tax obligations shall be paid, and 5 percent shall go to the Victim Compensation Fund. From the balance remaining after these deductions are made, amounts shall be deducted for the support of the inmate's dependents and for payment of court-ordered restitution, and any remaining balance shall be deposited, beginning July 1, 2000, in the General Fund of the State, representing the cost of the inmate's incarceration. The Act further requires that of the amount to be deposited in the inmate's general account, deductions shall be made for any other legal or administrative financial obligations of the inmate.

Code Section 905.7 is amended to eliminate the specific requirement that standards adopted by the Department of Corrections governing the appointment of parole and probation officers require a battery of psychological tests to determine suitability.

Code Section 907.3 is amended to eliminate reference to a sentence of a specific number of days for probation.

The Act also requires the Department of Corrections, in consultation with the Division of Labor Services of the Department of Workforce Development, to study inmate worker safety issues and to submit a report to the General Assembly by January 1, 2000.

SENATE FILE 451 - Indigent Defense(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes pertaining to the payment of costs for the defense of indigent persons in criminal, juvenile, postconviction, contempt, and certain other civil actions. The duties and authority of the State Public Defender are amended to add postconviction relief, contempt actions, and civil commitments of sexually violent predators to the kinds of cases that are to be handled by that office. The State Public Defender is authorized to appoint or remove for cause assistant local public defenders, secretaries and investigators. Existing law only permits the appointment or removal of the managing local public defender.

The Act provides for a county to negotiate the rate of compensation with noncontract attorneys or attorneys who are not public defenders representing indigents in certain court-appointed cases under Code Chapters 125, 222 and 229. Under current law, compensation for representing indigents in certain court-appointed cases is set in accordance with Code Section 815.7.

The Act also provides that the court is not required to certify indigent defense costs under Code Chapter 232 before the costs are submitted to the state.

The Act makes changes pertaining to the payment of costs for the defense of indigent persons in criminal, juvenile, postconviction, contempt, and certain other civil actions. The Act establishes the hourly rates for representation by noncontract, court-appointed attorneys of class "A" felons at $60 per hour and of class "B" felons at $55 per hour. For all other offenses, the rate is $50 per hour. The Act provides that the State Public Defender shall establish the fee limitations for various categories of cases. The State Public Defender is given the direct authority to approve or reduce claims made for payment of indigent defense costs. The Act adds procedures that permit the State Public Defender to set and exceed limitations on indigent defense costs submitted for payment by court-appointed attorneys. The Act establishes an Indigent Defense Advisory Commission within the Department of Inspections and Appeals to advise the Legislature and the State Public Defender regarding compensation of court-appointed attorneys.

References that make the appointment of counsel on appeals subject to Supreme Court Rules are eliminated. Instead, the Act substitutes a procedure that provides for the appointment of the State Appellate Defender, unless the appellate defender has a conflict of interest or a temporary overload of cases. In the latter two situations, the Act provides for the appointment of an attorney who has entered into a contract with the State Public Defender to handle appeals. If no contract attorney is available, the court may appoint a noncontract attorney on a rotational or equalization basis, considering the experience of the attorney and the difficulty of the case. The appointment must, however, include specific findings that no contract attorney was available. Noncontract attorneys will be paid directly through the State Public Defender's Office and are to submit such reports and information relating to their fees and expenses as are required by the State Public Defender.

The Act also changes the procedures for determination of an individual's indigence and consequent eligibility for court-appointed counsel at state expense. The requirement that the State Public Defender's Office make an initial determination of indigence prior to the initial arraignment or other initial court appearance is eliminated and all references to determinations of indigency are transferred to Code Chapter 815. A person is indigent and entitled to court-appointed counsel if the person has an income level at or below 125 percent of poverty level. This is below the current 150 percent of poverty level ceiling. In determining eligibility, the court is to consider not only the person's income, but also assets subject to execution and any other property that may be applied to the satisfaction of judgments. Those persons whose income falls above the new threshold are not entitled to court-appointed counsel unless the court makes a written determination that not appointing counsel on the pending charges would cause the person substantial hardship. Like the original determination of eligibility, the determination of substantial hardship is based not only on the person's income, but also on assets subject to execution and any other property which may be applied to the satisfaction of judgments. A person who receives court-appointed counsel and is employed is required to execute an assignment of wages, and the court shall enter an order for assignment of income on forms prescribed by the State Public Defender. If a person is not able to pay the costs of court-appointed counsel when the costs are due, the court may provide for payment on an installment basis.

HOUSE FILE 136 - Sex Offender Registry - Offenses Covered(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the Sex Offender Registry Code chapter by making changes to the list of offenses that require registration. The Act adds kidnapping and false imprisonment to the list of offenses included in the definition of "criminal offense against a minor." Thus, if an offender is convicted of either kidnapping or false imprisonment of a minor, the offender must register pursuant to the Sex Offender Registry law. However, the Act provides an exception for kidnapping in the third degree or false imprisonment committed by the minor's parent.

The Act also strikes the offense of false imprisonment from the definition of "sexually violent offense" in order to comply with the mandatory guidelines of the federal Jacob Wetterling Act. This offense is now contained within the definition of "criminal offense against a minor," which requires registration if the offense is against a minor but not an adult.

An offender convicted of an offense requiring registration pursuant to the Sex Offender Registry chapter is required to register the person's name, telephone number and home address with the county sheriff for a period of 10 years commencing after placement on probation and parole or another form of release from custody.

If an offender is convicted of kidnapping or false imprisonment and the offense did not also involve sexual abuse, a criminal or juvenile justice agency shall not initiate public notification that the offender is a registered sex offender.

The Act takes effect April 14, 1999.

HOUSE FILE 165 - Manufacture of Controlled Substance - Personal Use(full text of act)

BY COMMITTEE ON JUDICIARY. This Act, by striking an existing exemption within the Uniform Controlled Substances Act, includes under the definition of "manufacture" a person who prepares or compounds a controlled substance for the person's own use.

The Act takes effect April 29, 1999.

HOUSE FILE 182 - Serious Injury - Definition(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the definition of "serious injury" in the Criminal Code. Any injury to a child that requires surgical repair using a general anesthetic is now defined as a serious injury.

HOUSE FILE 209 - Eluding a Law Enforcement Vehicle(full text of act)

BY COMMITTEE ON JUDICIARY. This Act changes the penalty for the crime of eluding or attempting to elude a pursuing law enforcement vehicle by creating three levels of offenses. First, if a driver of a motor vehicle is eluding a law enforcement vehicle, the driver commits a serious misdemeanor. Second, if a driver of a motor vehicle is eluding a law enforcement vehicle at speeds in excess of 25 miles per hour over the speed limit, the Act changes the criminal penalty for eluding or attempting to elude from a serious to an aggravated misdemeanor. Third, a driver of a motor vehicle commits a class "D" felony if the driver eludes or attempts to elude a pursuing law enforcement vehicle at speeds in excess of 25 miles per hour over the speed limit, and if any of the following occurs: the driver is participating in the commission of a felony, the driver commits an operating while intoxicated or a drug offense, or a person other than the driver incurs bodily injury. The Act changes the criminal penalty for eluding while participating in a felony from an aggravated misdemeanor to a class "D" felony.

A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750, but not more than $7,500. An aggravated misdemeanor is punishable by confinement for not more than two years and a fine of at least $500, but not more than $5,000. A serious misdemeanor is punishable by confinement for not more than one year or a fine of at least $250, but not more than $1,500, or both fine and imprisonment.

HOUSE FILE 281 - Bail Enforcement Limitations - Exempt Agents(full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act entitles an individual who works as a bail enforcement agent exclusively for one employer, in connection with the bail bond business of that employer, to operate as a bail enforcement agent, although not individually licensed. The addition is consistent with Code Section 80A.2, subsection 3, which exempts from licensing a person "employed full or part-time by one employer in connection with the affairs of the employer."

HOUSE FILE 296 - Felony Stalking - Bail(full text of act)

BY COMMITTEE ON JUDICIARY. This Act restricts a person's ability to post a bond upon a conviction of, or when appealing, any felony stalking charge. The Act provides that a person who pleads to, or is convicted at trial of, any felony stalking charge is presumed to be ineligible for bond and must remain in jail. However, the Act also provides the court with discretion to determine whether a person is eligible for bond on a felony stalking charge depending on whether the allowance of bond may result in failure to appear or may jeopardize the safety of others.

Current law generally permits a person awaiting sentencing, after a plea of guilty or a conviction at trial, to post bond and remain out of jail until a sentence has been imposed. If the person is sentenced to jail or prison, and appeals the case, current law ordinarily allows a person to post an appeal bond and remain free pending the final decision by the reviewing court on appeal.

HOUSE FILE 313 - Disarming a Peace Officer(full text of act)

BY COMMITTEE ON JUDICIARY. This Act creates the new criminal offense of disarming a peace officer of a dangerous weapon. If a person knowingly or intentionally removes or attempts to remove a weapon from the control of an officer who is on duty, the person is guilty of a class "D" felony. If a person discharges the weapon during the commission of the offense, the person is guilty of a class "C" felony.

A class "D" felony is punishable by imprisonment not to exceed five years and a fine of at least $750, but not more than $7,500. A class "C" felony is punishable by imprisonment not to exceed 10 years and a fine of at least $1,000, but not more than $10,000.

HOUSE FILE 386 - Assaults on Jailers or Correctional Staff(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Section 708.3A, relating to an assault on a peace officer, fire fighter or health care provider. The Act adds "jailer" and "correctional staff" to the list of occupations covered under Code Section 708.3A, and increases the penalty for an assault on a jailer and correctional staff. A "jailer" is defined as a person who is employed at a county jail or other facility used to confine persons who commit criminal offenses, but who is not a peace officer. "Correctional staff" is defined as a person who is employed at a correctional institution, community-based correctional facility, or a facility managed by the Department of Corrections, but who is not a peace officer.

Under the Act, if a person assaults a jailer or correctional staff with the intent to inflict serious injury or uses a dangerous weapon in connection with an assault, that person commits a class "D" felony. If a person assaults a jailer or correctional staff and causes bodily injury, that person commits an aggravated misdemeanor and, if the person commits any other type of assault, that person commits a serious misdemeanor.

Under current law, a conviction for assault on a jailer or correctional staff would carry the same penalties as an assault on a person. The penalties for assault on a person range from a simple misdemeanor to an aggravated misdemeanor.

A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750, but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $500, but not more than $5,000. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $250, but not more than $1,500. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $50, but not more than $500.

HOUSE FILE 395 - Vehicular Homicide - Bail on Appeal(full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides that certain defendants convicted of vehicular manslaughter are not bailable on appeal of their convictions. These defendants are persons convicted of a class "C" felony for unintentionally causing the death of another by driving a motor vehicle recklessly or by eluding or attempting to elude a pursuing law enforcement vehicle if the death directly or indirectly results from the violation. The Act does not prohibit such defendants from being admitted to bail pending sentencing.

HOUSE FILE 498 - Fraudulent Retail Sales Receipts and Universal Price Code Labels(full text of act)

BY COMMITTEE ON JUDICIARY. This Act defines certain acts related to the creation, possession or use of fraudulent retail sales receipts or universal price code labels (also known as UPCs) as fraudulent practices under the Code when knowingly done with intent to defraud another person engaged in the business of retailing.

Fraudulent practices are penalized within the Code according to five degrees, depending upon the amount of moneys or value of property at issue. At one end of the range, fraudulent practice in the first degree involves moneys or property valued in excess of $10,000, and is punished as a class "C" felony. A class "C" felony is punishable by confinement for no more than 10 years and a fine of at least $1,000, but not more than $10,000. At the other end of the range, fraudulent practice in the fifth degree involves moneys or property not valued in excess of $100, and is punished as a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $50, but not more than $500.

HOUSE FILE 501 - Felony Penalties and Definitions - Assault and Willful Injury(full text of act)

BY COMMITTEE ON JUDICIARY. This Act imposes a mandatory fine for criminal offenses categorized as class "C" and "D" felonies. The Act establishes in Code Section 902.9 the mandatory minimum fine for a class "C" felony at $1,000 and for a class "D" felony at $750. Current law generally does not impose a mandatory fine upon a conviction for a felony. However, under current law, if the court imposes a fine for a class "C" or a class "D" felony, the fine must be at least $500.

The Act also amends Code sections related to the crime of assault. Code Section 708.2 is amended to add a class "D" felony where a person commits assault that results in a serious injury. "Serious injury" is defined in Code Section 702.18 as a disabling mental illness, bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, or any injury to a child which requires surgical repair and necessitates the use of general anesthesia, and includes, but is not limited to, skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.

Code Section 708.4 is amended to add a class "D" felony to the offense of willful injury, where the person intends to cause serious injury and actually causes a bodily injury that is less than a serious injury. The Act also amends Code Section 702.11 to exclude this new class "D" felony from the definition of "forcible felony," and makes certain editorial changes.

Currently, a class "C" felony is punishable by imprisonment not to exceed 10 years and a fine of at least $1,000, but not more than $10,000. A class "D" felony is punishable by imprisonment not to exceed five years and a fine of at least $750, but not more than $7,500.

HOUSE FILE 573 - Controlled Substances - Methamphetamine - Penalties(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes various changes to methamphetamine or controlled substance-related crimes.

PRECURSORS TO METHAMPHETAMINE. The Act amends Code Section 124.401, subsection 4, by expanding the list of materials that a person may not possess if the person intends to use them to manufacture any controlled substance. The materials added in this Act are commonly used in the production of methamphetamine. A person violating this provision commits a class "D" felony.

POSSESSION OF CONTROLLED SUBSTANCES AND METHAMPHETAMINE. The Act amends Code Section 124.401, subsection 5, which relates to misdemeanor possession of a controlled substance. The Act provides that the court shall impose a minimum two-day jail sentence, which may be suspended, and shall place the person on probation and impose random drug tests as a condition of probation. If the controlled substance is methamphetamine, the court may require intensive probation in addition to random drug testing as a condition of probation.

CONSPIRACY TO MANUFACTURE OR DELIVER TO MINORS. The Act creates new Code Section 124.401D and makes changes in the penalties applicable to a person 18 years of age or older for the crimes of conspiring to manufacture for delivery, delivery of, and possession with intent to deliver, or conspiracy to deliver, methamphetamine to a person under 18 years of age. The Act provides that a felony committed under the new section is punishable by a sentence for an indeterminate term not to exceed 99 years. The court may reduce the person's maximum sentence by one-third if it is the person's first offense under Code Section 124.401D, mitigating circumstances are found to exist, and the person pleads guilty. After a finding by the court that mitigating circumstances exist, the court may further reduce the remaining maximum sentence if the defendant cooperates in the prosecution of other persons. However, the Act provides that a person sentenced under new Code Section 124.401D must serve a mandatory minimum sentence of 10 years of confinement before the person is eligible for parole even if the sentence is reduced by mitigating circumstances or the court finds the person cooperated with the prosecution of others. If a person commits a second or subsequent offense of conspiracy to manufacture or deliver to a minor, the person commits a class "A" felony.

The Act also provides that the Board of Parole is not required to annually review the status of a person sentenced to 99 years in prison.

REOPENING OF A SENTENCE. The Act provides for the reopening of a person's 99-year sentence if the person chooses to cooperate with the prosecution of another person. If the county attorney's office that prosecuted the person files a motion to reopen a person's sentence and the court finds the person cooperated with the prosecution of another person, the court may reduce the person's maximum sentence. Only a person sentenced to an indeterminate term not to exceed 99 years is eligible for the reopening of a sentence.

MANUFACTURE OR DELIVERY OF SMALL AMOUNTS OF METHAMPHETAMINE. The Act creates new Code Section 124.401E, applying certain penalties for the manufacturing or delivery of methamphetamine. If a person is convicted of delivery or possessing with intent to deliver five grams or less of methamphetamine on a first offense, the court has the discretion to sentence the person to complete a drug court program, if a drug court has been established, or to assign the person to a community-based correctional facility for a period of up to one year. If a person is convicted of manufacturing five grams or less of methamphetamine, the court may also sentence the person to complete a drug court program or assign the person to a community-based correctional facility for a period of up to one year. If a person is convicted of delivery of or possession with intent to deliver methamphetamine for a second or subsequent offense, the person shall serve a mandatory prison sentence under Code Sections 124.401 and 124.413, and such sentence is determined by the amount of methamphetamine involved in the delivery.

ADULTERATED OR IMPROPERLY LABELED ARTICLES. The Act amends Code Chapter 189, which applies to a number of chapters regulating the safety and effectiveness of commodities and products, including agricultural products. Code Section 189.16 provides that a person in possession or having control of an article which is adulterated or which is improperly labeled as required in those chapters is presumed to know that the article is adulterated or mislabeled. It provides that a person's possession of the article is prima facie evidence of an intent to violate the law. The Act provides that the section does not apply to the possession or control of grain or mining materials by persons in the respective trade or industry, or to a controlled substance regulated under Code Chapter 124. The Act also makes a number of changes in Code Section 189.16 in order to enhance its readability.

ANHYDROUS AMMONIA TAMPERING. The Act increases the penalty applicable to tampering with anhydrous ammonia equipment and illegal possession of anhydrous ammonia from a simple misdemeanor to a serious misdemeanor.

BAIL RESTRICTIONS. The Act restricts a person's ability to post a bond upon a conviction, or when appealing most felony convictions, under Code Sections 124.401 and 124.401D, for manufacturing, distributing or possessing with intent to manufacture or distribute a controlled substance. However, a person convicted of a first offense felony violation of Code Section 124.401, subsection 1, paragraph "c," is not subject to any bail restrictions. Current law generally permits a person awaiting sentencing or appealing a conviction to post a bond and remain free pending the final decision in the case.

GENERAL CRIMINAL PENALTIES. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $50, but not more than $500. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $250, but not more than $1,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $750, but not more than $5,000. A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750, but not more than $7,500. A class "C" felony is punishable by confinement for no more than 10 years and a fine of at least $1,000, but not more than $10,000. A class "B" felony is punishable by confinement for no more than 25 years. A class "A" felony is punishable by confinement for life without the possibility of parole.

HOUSE FILE 659 - Identity Theft(full text of act)

BY COMMITTEE ON JUDICARY. This Act creates the new crime of identity theft. A person who obtains identification information of another, such as a name, birth date, driver's license number, or social security number, with the intent to obtain a benefit fraudulently, and who uses or attempts to use that information to obtain credit, property or services with a value exceeding $1,000, commits a class "D" felony. If the value of the credit, property or services does not exceed $1,000, but the other elements of the crime are established, the person commits an aggravated misdemeanor.

The Act also establishes a civil remedy for the victims of identity theft against the perpetrator, in addition to any criminal sanctions that may be imposed. A victim of identity theft may sue the perpetrator of an identity theft for $1,000 or up to three times the amount of actual damages, whichever is greater, and for reasonable attorney fees and court costs.

An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $500, but not more than $5,000. A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750, but not more than $7,500.

HOUSE FILE 661 - Sexual Abuse - Miscellaneous Provisions(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 709, regarding sexual abuse. The Act substitutes the word "person" for the phrase "other participant" and similar words.

The Act also amends Code Section 709.4, regarding sexual abuse in the third degree, which is a class "C" felony punishable by up to 10 years in prison and a fine of not less than $1,000 or more than $10,000. First, the Act deletes the requirement that in order for the perpetrator to be guilty of sexual assault in the third degree, a controlled substance, including but not limited to flunitrazepam, must have been consumed or administered without the participant's knowledge. Second, the Act provides that a sex act performed while the victim is mentally or physically incapacitated or helpless to resist constitutes criminal sexual abuse. A related definitional Code section regarding incapacitation is added to Code Chapter 709, including definitions for "mentally incapacitated," "physically incapacitated," and "physically helpless."

HOUSE FILE 705 - Accommodation Offenses - Marijuana(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends Code Section 124.410, pertaining to the delivery of, or possession with the intent to deliver, small quantities of marijuana. The Code section currently provides that a person who delivers or possesses with the intent to deliver an ounce or less of marijuana, whether or not offered for sale, is guilty of a serious or aggravated misdemeanor depending on the number of prior offenses the person has committed.

The Act establishes that a person who delivers or possesses with the intent to deliver one-half ounce or less of marijuana, but does not offer the marijuana for sale, is guilty of a serious misdemeanor for the first and second offenses. A conviction for a first offense is punishable by confinement for no more than six months in jail and a fine of not more than $1,000. A conviction for a second offense is punishable by confinement for no more than one year and a fine of at least $250, but not more than $1,500. A third or subsequent offense is classified as an aggravated misdemeanor, punishable by confinement for no more than two years and a fine of at least $500, but not more than $5,000.

Existing law provides that a person who offers for sale any other amount of marijuana of 50 kilograms or less is guilty of a class "D" felony. As provided in H.F. 501, effective July 1, 1999, a class "D" felony is punishable by confinement for no more than five years and a fine of not less than $750, but not more than $7,500.

RELATED LEGISLATION

SENATE FILE 136 -- Tax Administration and Related Matters (Complete summary under TAXATION.)

This Act amends various provisions of state and local tax law. The Act makes it unlawful to willfully inspect income, franchise and sales tax returns for any reason other than as authorized by the Director of Revenue and Finance. The penalty is a serious misdemeanor.

SENATE FILE 193 -- Guardians Ad Litem for Children in Juvenile Court (Complete summary under CHILDREN & YOUTH.)

This Act makes changes in the duties applicable to a guardian ad litem appointed to represent a child's interest in juvenile court.

SENATE FILE 203 -- Transportation - Miscellaneous Provisions (Complete summary under TRANSPORTATION.)

This Act amends Code Section 322.14, providing penalties for violations of Code Chapter 322, which regulates motor vehicle manufacturers, distributors and dealers. The Act provides that violations for which a penalty is not specifically provided are simple misdemeanors, rather than serious misdemeanors.

SENATE FILE 216 -- Commitment of Sexually Violent Predators (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act makes procedural changes to Code Chapter 229A, regarding sexually violent predators. The Act also provides that certain child abuse records shall not be expunged for a period of 30 years and shall be made available to the Department of Justice for the purpose of committing sexually violent predators.

SENATE FILE 248 -- Acquired Immune Deficiency Syndrome - Miscellaneous Provisions (Complete summary under HEALTH & SAFETY.)

This Act replaces the statute pertaining to acquired immune deficiency syndrome (AIDS), currently divided into subchapters, with a new chapter that combines the subchapters and makes changes to the chapter. The Act establishes civil and criminal remedies for violations of confidentiality and other provisions of the Act. The penalty for violation of a confidentiality requirement relating to the Partner Notification Program is reduced from a class "D" felony to an aggravated misdemeanor.

SENATE FILE 283 -- 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, 1999, and ending September 30, 2000, and for the state fiscal year beginning July 1, 1999, and ending June 30, 2000. 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.

SENATE FILE 361 -- Appropriations - Substance Abuse and Sexual Abuse (Complete summary under APPROPRIATIONS.)

This Act provides funding and establishes programs for enforcement, prevention, education, and treatment for substance abuse, especially methamphetamine abuse, and sexual abuse, and for programs for at-risk youth. The Act appropriates moneys to the Department of Public Safety to employ additional narcotics enforcement agents and criminalists, and establishes a clandestine methamphetamine laboratory emergency response team. The Act also appropriates moneys to the Department of Corrections to establish a Youth Leadership Model Program and to establish two pilot program drug courts.

SENATE FILE 404 -- Real Estate Licensees and Clients - Payment for Services (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act provides that a real estate licensee shall not require that a person, party, client, or customer negotiate a listing or purchase agreement or contract of real estate through a particular broker or group of brokers, salesperson or group of salespersons, or agent or group of agents; pay a commission, or portion of a commission, or other valuable consideration to a person or other licensee; request a referral fee after a bona fide offer to purchase is accepted; or request a referral fee after a bona fide listing agreement has been signed. A licensee who violates these provisions is subject to license suspension or revocation. A person found guilty of a first offense is guilty of a simple misdemeanor.

SENATE FILE 436 -- Livestock Marketing Practices - Packers (Complete summary under AGRICULTURE.)

This Act regulates practices engaged in by meatpackers ("packers") when purchasing livestock and directs the Department of Agriculture and Land Stewardship to consult with the Attorney General when adopting rules necessary to administer the Act. The Act provides for enforcement by the Attorney General, authorizing the Attorney General to seek injunctive relief or subpoenas and enforce civil penalties. Effective April 29, 1999, a packer who includes a confidentiality provision in a contract with a livestock seller is guilty of a fraudulent practice.

SENATE FILE 468 -- Appropriations - Justice System (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys for FY 1999-2000 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 Branch, 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 $459.2 million reflect an increase of approximately $31 million from the FY 1999 appropriations. In addition, the Act makes a supplemental appropriation of about $1.59 million to the Department of Corrections for FY 1999. The Act transfers $1.5 million from the FY 1999 ending balance of the Prison Infrastructure Fund to the Department of Corrections for use in FY 2000 for one-time start-up costs at the Mitchellville women's prison and the Fort Dodge Correctional Facility. The Act prohibits the department from placing inmates in a private prison located in Iowa without approval of the General Assembly.

HOUSE FILE 242 -- 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. The Act changes the term "serious bodily injury" to the defined term "serious injury," in provisions relating to reporting of certain wounds that appear to have been received as the result of a criminal offense; changes a limitation on the ability of certain persons who received citations for failure to provide proof of financial liability coverage, but who actually had liability coverage in force at the time of the citation, to seek to have the citation dismissed; corrects references pertaining to the availability of suspended or deferred sentences in the domestic abuse assault provisions; conforms, in provisions relating to the powers and duties of the Director of the Department of Corrections, language relating to the provision of "habilitative services and treatment," as defined; conforms to existing practice provisions relating to the performance of medical examination and treatment in the Victim Rights chapter; conforms language in HIV-related testing provisions to prior Code changes; conforms language relating to transportation of domestic abuse victims to medical care, and language relating to Attorney General actions to recover moneys and property from convicted felons, to the provisions cited, and repeals a provision identical to a provision in the Victim Rights chapter.

HOUSE FILE 308 -- Department of Inspections and Appeals Investigators - Status (Complete summary under STATE GOVERNMENT.)

This Act grants peace officer status for Department of Inspections and Appeals investigators while investigating cases involving state or federal benefit assistance programs.

HOUSE FILE 322 -- Production of Agricultural Commodities (Complete summary under AGRICULTURE.)

This Act provides for the production and purchasing of agricultural commodities by regulating the ownership of facilities used in livestock production and contracting for the production of agricultural commodities. The Act provides that a contractor is prohibited from enforcing a provision in a production contract if the provision provides that information contained in the production contract is confidential. The Attorney General is authorized to apply to district court in order to obtain injunctions or subpoenas. A person who enforces a confidentiality provision is guilty of a fraudulent practice. The Act takes effect May 24, 1999.

HOUSE FILE 403 -- Fingerprinting and Criminal Disposition Report Procedures (Complete summary under CHILDREN & YOUTH.)

This Act provides for the mandatory fingerprinting of criminal offenders and juveniles charged with certain offenses. The Act further provides that a juvenile court officer may complete a disposition report that is to be provided to the Department of Public Safety for the purpose of compiling crime statistics.

HOUSE FILE 448 -- Electronic Mail Transmissions - Advertisements (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act prohibits a person from using an interactive computer service to initiate the sending of certain bulk electronic mail, frequently referred to as "spamming." The Act provides for recovery of civil damages by individual computer users and interactive computer services, and for prosecution by the Attorney General.

HOUSE FILE 588 -- Telecommunications - Service Changes (Complete summary under ENERGY & PUBLIC UTILITIES.)

This Act creates new Code Section 476.103 and new Code Chapter 714D, relating to unauthorized provision of, or changes in, telecommunications services, and to fraudulent acts associated with the lease, sale or advertisement of telecommunications service, or with the solicitation of authority to provide or execute a change of telecommunications service or provider.

HOUSE FILE 624 -- Electronic Commerce Security (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act creates new Code Chapter 554C, relating to electronic commerce security. The Act prohibits a person from knowingly creating, publishing, altering, or otherwise using a certificate for a fraudulent or other unlawful purpose, and establishes criminal penalties.

HOUSE FILE 633 -- Child Visitation Rights - Murder of Other Parent (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act prohibits the court from issuing or enforcing a visitation order when a child's parent is convicted of first-degree murder of the child's other parent, unless visitation is in the best interest of the child. The Act specifies considerations for the court in determining the best interest of the child. Until an order is issued under the circumstances specified in the Act, the Act provides that the child is prohibited from visiting the convicted parent.

HOUSE FILE 651 -- Implements of Husbandry and Other Vehicles - Movement Restrictions - Product Identification Numbers (Complete summary under TRANSPORTATION.)

This Act makes several changes relating to regulation of implements of husbandry. The Act provides that an attempt to fraudulently alter or deface the year of manufacture or other product identification number on a fence-line feeder, grain cart, or tank wagon manufactured on or after July 1, 2001, is a class "D" felony, which is punishable by imprisonment not to exceed five years and a fine of at least $750, but not more than $7,500. The Act also provides that removing, defacing, covering, altering, or destroying a product identification number on a fence-line feeder, grain cart, or tank wagon to conceal or misrepresent the identity or year of manufacture of the vehicle is a fraudulent practice. Such an act is punishable in varying degrees, ranging from a simple misdemeanor to a class "C" felony according to the amount of money or value of property involved.

HOUSE FILE 713 -- Domestic Abuse Protective Orders (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act amends Code Chapter 236, relating to protective orders for domestic abuse, by permitting the court to grant an unlimited number of extensions of a protective order if the court finds the defendant still poses a threat to the safety of the victim, the victim's family, or persons residing with the victim; and allowing a person protected by a permanent foreign protective order to register the order with the district court in any county where the person may be present, rather than just the county where the person resides.

HOUSE FILE 760 -- Appropriations - Human Services (Complete summary under APPROPRIATIONS.)

This Act provides appropriations to the Department of Human Services (DHS) for FY 1999-2000, and includes provisions related to human services and health care. The Act increases the appropriation for FY 1999-2000, compared with the FY 1998-1999 appropriation, to DHS for costs associated with commitment and treatment of sexually violent predators. The Act includes a supplemental appropriation for FY 1998-1999 and provides that any of these moneys which remain unencumbered at the close of the fiscal year shall not revert to the General Fund of the State. This provision for a FY 1998-1999 supplemental appropriation for costs associated with treatment and commitment of sexually violent predators takes effect upon enactment, May 21, 1999.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: SAT July 10 1999
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