2000 Summary of Legislation CRIMINAL LAW, PROCEDURE AND CORRECTIONS Published by the Iowa General Assembly -- Legislative Service Bureau

CRIMINAL LAW, PROCEDURE AND CORRECTIONS LEGISLATION

SENATE FILE 2015 - Sexually Predatory Offenses (full text of act)

   BY ANGELO. This Act makes changes to the Sexually Predatory Offenses Law, which became effective on July 1, 1996. A sexually predatory offense generally is defined to mean any offense or any attempt to commit an offense that involves sexual exploitation of a minor, pandering involving a minor, or any offense defined under Code Chapter 709, "Sexual Abuse."

   The Act provides that a prior conviction for a sexually predatory offense occurring prior to, on or after March 31, 2000, may be used to enhance the penalty for any future conviction of a sexually predatory offense. Under existing law and judicial interpretation, only a conviction for a sexually predatory offense occurring on or after the effective date of the 1996 legislation can be used to enhance a future conviction for a sexually predatory offense.

   The Act also changes the definition of a sexually predatory offense by excluding murder, kidnapping, burglary, and child endangerment offenses that involve sexual abuse, attempted sexual abuse, or intent to commit sexual abuse. The Act eliminates the requirement that a trial information include a statement that the offense charged is a sexually predatory offense. The Act also eliminates the requirement that the finder of fact make a factual determination whether certain offenses are sexually predatory offenses.

   The Act takes effect March 31, 2000.

SENATE FILE 2031 - Sex Offender Registration (full text of act)

   BY ANGELO. This Act makes changes relating to the Sex Offender Registry.

   The Act changes the period of time by which an offender must register from 10 days to five days.

   The Act provides that an offender who knowingly violates any provision in Code Sections 692A.2 through 692A.4 of the Sex Offender Registry Law commits an aggravated misdemeanor for a first offense and a class "D" felony for a second or subsequent offense. The Act also provides that an offender who knowingly violates Code Sections 692A.2 through 692A.4 of the Sex Offender Registry Law and subsequently commits an offense against a minor or certain sexual offenses commits a class "C" felony. The Act also provides that the offender's probation, parole or work release shall be revoked if the offender knowingly commits a violation. These provisions, relating to offenders who knowingly violate the provisions of Code Sections 692A.2 through 692A.4, take effect April 5, 2000.

   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 "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.

SENATE FILE 2079 - Import of Cigarettes and Tobacco Products -- Limitations (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act establishes as unlawful the act of shipping or importing into the state, or offering for sale, selling, distributing, transporting, or possessing within this state, cigarettes or tobacco products if the cigarettes or tobacco products had previously been exported from or manufactured for use outside the United States.

   Existing penalties under Code Chapter 453A apply to violation of the prohibition. Under Code Section 453A.36, violation by a holder of a distributor's, wholesaler's or manufacturer's permit is grounds for revocation of the permit. Under Code Section 453A.37, a violation of the prohibition is a fraudulent practice that carries a range of criminal penalties based upon the amount of money or the property involved.

   The Act takes effect April 17, 2000.

SENATE FILE 2145 - National Crime Prevention and Privacy Compact (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act enacts the Crime Prevention and Privacy Compact Act of 1998.

   The Act creates and organizes an electronic information sharing system between the federal government and the states for the purpose of exchanging criminal history records, excluding sealed records, for purposes such as background checks for governmental licensing or employment, immigration matters, and national security clearances. The Act requires that any record obtained under this Act may only be used for the purpose for which the record was requested.

   Under the Act, the FBI, this state, and other states that are party to the compact agree to maintain their own criminal history database, which includes arrest and disposition records, and make such records available to the federal government or other states for background checks for noncriminal purposes.

   The Act requires the states to provide information and records for the National Identification Index and the National Fingerprint File. The Act authorizes the compact council appointed by the U.S. Attorney General to adopt rules and procedures to administer the use of the National Identification System, which includes the National Fingerprint File.

   The Act provides that the Commissioner of Public Safety shall implement and administer the sharing of criminal history records.

SENATE FILE 2146 - Criminal Defendants -- Appearance -- Release (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to the appearance in court and the release from custody of certain criminal defendants.

   The Act amends provisions in Code Section 805.6 relating to a defendant's provision of an unsecured appearance bond for certain simple misdemeanor offenses. An unsecured appearance bond given to the court authorizes the court to enter a conviction and render judgment against the defendant in the amount of the unsecured appearance bond if the defendant fails to appear in court. The Act prohibits a defendant charged with driving while the defendant's license is under suspension in violation of Code Section 321.218 or 321A.32 from giving the court an unsecured appearance bond. Under existing law, a defendant may give the court an unsecured appearance bond for any simple misdemeanor offense, including driving while under suspension in violation of Code Section 321.218 or 321A.32. The Act effectively requires the issuance of an arrest warrant for a defendant who fails to appear in court for driving while under suspension in violation of Code Section 321.218 or 321A.32.

   The Act also requires an unsecured appearance bond equal to 1« times any minimum fine for a simple misdemeanor offense in which an unsecured appearance bond is permitted. Under existing law, the amount of the unsecured appearance bond is limited to $100 plus court costs.

   The Act amends Code Section 805.10 to require a defendant to appear in court when the violation charged involved or resulted in a death or caused serious injury. Existing law requires a court appearance if the violation charged involved or resulted in an accident that caused $1,000 or more in property damage or in an injury to a person. The Act also provides that an officer may require a person involved in an accident to appear in court based upon the person's driving record, failure to pay a fine or court costs, or any other circumstance involving the accident.

   The Act amends Code Section 811.2 to require the court to consider a criminal defendant's failure to pay a prior fine and court costs when considering the release of a defendant from custody.

SENATE FILE 2241 - Criminal Offenses and Liquor Licensee or Permittee Regulation (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to regulations concerning liquor licenses and permits, to consolidation of certain criminal offenses, and to penalties related to certain criminal offenses.

   The Act permits a local authority to require certain liquor licensees and permittees to have trained security personnel on the premises before a liquor license or permit is issued. The training includes, but is not limited to, mediation techniques, civil rights education, and proper physical restraint methods.

   This Act consolidates certain criminal offenses with other offenses. The Act consolidates computer theft and video rental theft into the theft statute. The Act also consolidates various election bribery and voting criminal offenses, and consolidates the criminal offense of computer damage within the criminal mischief statute. The Act maintains the current criminal penalties for the affected offenses and applies an evidentiary rule for computer printouts to the Code chapters on theft and criminal mischief.

   The Act provides that a person who has a prior conviction for any drug-related offense under Code Chapter 124, 124A, 124B, or 453B, and who then commits the offense of possession of a controlled substance under Code Section 124.401, subsection 5, is guilty of an aggravated misdemeanor. The Act further provides that a person who has been convicted of two or more drug-related offenses, and who then commits the offense of possession of a controlled substance, is guilty of a class "D" felony. Under existing law, a person who has a prior conviction of possession of a controlled substance under Code Section 124.401, subsection 5, and who then commits another possession offense, is guilty of an aggravated misdemeanor, and a person who has two or more prior convictions of possession, and who then commits another possession offense, is guilty of a class "D" felony.

   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.

SENATE FILE 2243 - Treatment Programs for Operating While Intoxicated Violators (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act addresses placement of institutional operating while intoxicated (OWI) offenders in community OWI programs to allow credit within the community program for progress made by the offender within the institutional program, rather than requiring the offender to start the community program from the beginning. The Act also requires placement in an institutional program within 60 days of admission to the correctional system or as soon as practical.

SENATE FILE 2245 - Law Enforcement -- Personal Property Disposition -- State and Local Penalties (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to the disposition of certain personal property which has been found by, seized by, turned in to, or otherwise comes into the lawful possession of a local law enforcement agency, by providing that a local law enforcement agency may use the same procedures to dispose of personal property as the Department of Public Safety. The Act also relates to the reclassification of certain misdemeanor criminal offenses and local ordinances.

   The Act provides that an agency may dispose of personal property 90 days after mailing notice to the last known address of the owner or publishing notice that the agency is in possession of the personal property. The agency may dispose of the property by selling the property at auction, retaining the property for the agency's own use, giving the property to another agency, giving the property to charity, or destroying the property.

   The Act provides that if the local law enforcement agency sells the property, the proceeds from the sale after reimbursement of expenses shall be deposited in the rural services fund if the selling agency is a county agency, or deposited in a city's general fund if the selling agency is a city agency. The Act is not applicable to abandoned motor vehicles or seized property subject to disposition under Code Chapter 809 or 809A.

   The Act reclassifies certain simple misdemeanors as scheduled violations, which allows a defendant to pay a specified fine, court costs, and a criminal surcharge without making a formal court appearance. The simple misdemeanors reclassified under the Act include the following: special restrictions on lamps, operating a golf cart on city streets, overtaking on the right, pedestrian's right-of-way, abandonment of motor vehicles, fraudulent use of registration, antique vehicles and registration, overweight trucks, permitting unauthorized minors or persons to drive, transfers by operation of law, acts prohibited on fully controlled access roads, certain operating all-terrain vehicle offenses, certain commercial fishing offenses, and certain offenses related to fishing and hunting licenses, contraband, and guns.

   The Act provides a $100 scheduled fine for each reclassified offense, except for the offense relating to overweight trucks. Under the Act, a scheduled fine for an overweight truck depends upon the weight of the truck. The Act also adds references indicating that certain simple misdemeanors are punishable as scheduled violations.

SENATE FILE 2246 - Incarceration in Other Jurisdictions -- Credit Against Sentence (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides that an inmate incarcerated in another jurisdiction may receive credit upon the inmate's Iowa sentence if the inmate is receiving credit upon a sentence in that other jurisdiction. Generally, an inmate would receive one day of credit on the inmate's Iowa sentence for one day served in the other jurisdiction.

   Existing law prohibits an inmate who is incarcerated in another jurisdiction from receiving credit upon the inmate's Iowa sentence if the inmate is also receiving credit upon the inmate's sentence in the other jurisdiction.

SENATE FILE 2265 - Lascivious Acts -- Additional Sentence (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides for the imposition of an additional sentence of mandatory parole or work release for certain persons convicted of the criminal offense of lascivious acts with a child. Generally, a person who commits lascivious acts with a child touches, solicits, or inflicts pain on a child for the purpose of arousing the sexual desires of the person or the child.

   The Act provides that if an offender is sentenced to a period of confinement, the court shall also sentence the person to an additional sentence of parole or work release not to exceed two years. The additional sentence of parole or work release shall run consecutive to the first sentence of confinement. Upon the expiration of the first sentence, the Board of Parole shall determine whether the person shall be on parole or work release during the additional sentence. If a person violates a condition of the additional sentence of parole or work release, the additional sentence of parole or work release may be revoked and the person shall be sentenced to a period of confinement in the same manner as any other person on parole or work release status.

   The Code provides that a person who commits lascivious acts with a child is guilty of a class "D" felony, which is currently punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.

SENATE FILE 2276 - Criminal Sentencing -- Earned Time Credits (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides for the application of earned time credits for persons serving a criminal sentence.

   The Act changes the term "good conduct time" to "earned time." The Act provides that the Director of the Department of Corrections shall establish rules to implement the manner in which an inmate may earn time if programming is unavailable.

   Additionally, the Act requires that earned time be calculated on a monthly basis as it accrues, and that the department is to generate a report for each inmate indicating the amount of earned time the inmate has accrued, the amount of actual time served, and the amount of time remaining on the inmate's sentence.

   The Act provides that the department shall convert existing good time credits and other reductions in an inmate's sentence to earned time on the effective date of the Act. The earned time credited to an inmate's sentence on the effective date of this Act shall equal the good time credits and other reductions accumulated prior to January 1, 2001.

   The Act takes effect January 1, 2001.

SENATE FILE 2324 - DNA Profiling (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to DNA testing of certain criminal defendants. The Act provides that a defendant shall be ordered by the court to submit to a DNA test upon confinement in or release from a county jail, or as a condition of probation, or commitment to prison, or upon discharge of a sentence, if the defendant was convicted of an offense that requires testing as determined by the Attorney General. The Act codifies certain criminal offenses that the Attorney General has determined require a DNA test. Existing law limits DNA testing as a condition of probation, parole or work release.

   The Act also requires the court to order DNA testing if the defendant was convicted of an offense requiring DNA testing.

   Existing law and the Act provide that the court or Board of Parole may order DNA testing of any defendant if the test is deemed appropriate.

HOUSE FILE 723 - Animal Torture (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends Code Chapter 717B, which provides for offenses relating to the mistreatment of animals other than livestock.

   This Act creates a new offense referred to as "animal torture." The Act provides that a person is guilty of animal torture if the person inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death. The Act provides for a number of exceptions, including exceptions based on actions consistent with animal husbandry practices; veterinary practice; hunting, trapping or fishing; self-defense or protection of property; research; and the humane destruction of abused or neglected animals.

   A person convicted of animal torture is guilty of an aggravated misdemeanor for the first offense and a class "D" felony for a subsequent offense. The sentencing order must provide that the person submit to psychological evaluation and treatment. The person must pay the costs of the evaluation and treatment. In addition, the sentencing order for a first offense must provide a community work requirement, which may include work performed at an animal shelter or pound.

   The Act provides that the juvenile court has exclusive original jurisdiction in a proceeding concerning a child who is alleged to have committed animal torture. The juvenile court cannot waive jurisdiction in a proceeding concerning an offense alleged to have been committed by a child under the age of 17.

HOUSE FILE 2170 - Operating While Intoxicated -- Chemical Test Evidence (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends Code Section 321J.2, subsection 10, regarding the margin of error for chemical tests submitted as evidence in operating while intoxicated prosecutions, to specify application of the subsection to offenses under Code Section 321J.2, subsection 1, paragraphs "b" and "c." The referenced offenses are to operating while intoxicated offenses involving an alcohol concentration of 0.10 or more, and involving any amount of a controlled substance in a person's blood or urine.

HOUSE FILE 2172 - Law Enforcement Employment -- Polygraph Examinations (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends Code Section 730.4 to allow polygraph examinations of applicants for a position with a law enforcement agency of a political subdivision who would have direct access to prisoner funds, other cash assets, and confidential information.

   Such polygraph examinations are required to adhere to the published antidiscrimination policy of the state or political subdivision conducting the examination.

   A person who violates the Code section commits a simple misdemeanor, punishable by a fine of at least $250, in addition to any other penalties. The Code section may also be enforced through a civil action.

HOUSE FILE 2229 - Abortion -- "Woman's Right to Know Act" -- VETOED BY THE GOVERNOR (full text of act)

   BY BODDICKER, BARRY, BAUDLER, BOAL, BRADLEY, BRAUNS, CARROLL, DAVIS, DOLECHECK, DRAKE, EDDIE, GARMAN, GIPP, HOFFMAN, HORBACH, HUSEMAN, JAGER, JOHNSON, KLEMME, LARSON, LORD, MERTZ, MUNDIE, O'BRIEN, RAECKER, RAYHONS, SUKUP, SUNDERBRUCH, THOMSON, AND VAN ENGELENHOVEN. This bill would have established a new Code Chapter 146A, relating to informed consent prior to an abortion. The bill provided that the chapter would be known and cited as the "Woman's Right to Know Act." The bill prohibited an abortion from being performed on a woman in this state without the voluntary and informed consent of the woman. The bill provided that, with the exception of a medical emergency, consent to an abortion is voluntary and informed only if the referring physician, the physician who will perform the abortion, or an agent of either physician provides certain information to the woman at least 24 hours prior to the abortion, informs the woman of her right to review printed materials and provides such materials if the woman so desires, and obtains written certification from the woman that the information was provided.

   The bill provided for alternatives to providing informed consent in the case of a medical emergency. The bill directed the Iowa Department of Public Health to cause the information required to be provided to be published in printed format on or before October 1, 2000.

   The bill provided that a person who knowingly or recklessly performs or attempts to perform an abortion in violation of the bill is guilty of a simple misdemeanor. The bill also provided for protection of the confidentiality of a woman in any criminal proceeding resulting from a violation of the chapter. The bill provided that a person who knowingly violates the confidentiality requirements established relating to court proceedings is guilty of a simple misdemeanor.

HOUSE FILE 2253 - Escape and Absence From Custody -- Jurisdiction (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides that a criminal offense committed outside the state may be prosecuted in this state if a statute specifically prohibits the conduct outside the state, and a state interest exists, and the person knows or should know that the conduct is likely to affect that interest. Existing law generally permits the state only to prosecute an offender who committed an offense that occurred at least partly in this state.

   The Act also provides that an escape or absence from custody that occurs outside the state may be prosecuted in this state if a state interest exists, and the person knows or should know that the escape or absence from custody would affect that interest.

   The Act further provides that an offender who escapes from the custody of any person to whom the offender has been entrusted commits the offense of escape. Under existing law, a person commits escape if the person escapes from the custody of a public officer or employee.

HOUSE FILE 2331 - Operating a Motorboat or Sailboat While Intoxicated (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act prohibits the operation of a motor boat or sailboat while intoxicated, and imposes an implied consent to test provision, penalties, and procedures similar to those imposed by Code Chapter 321J for operators of motor vehicles.

   The Act provides that a person who operates a motorboat or sailboat while intoxicated commits a serious misdemeanor upon a first offense, an aggravated misdemeanor upon a second offense, a class "D" felony for a third or subsequent offense or for an offense resulting in serious injury to another, and a class "B" felony for an offense resulting in the death of another.

   A first offense is punishable by 48 hours' imprisonment in the county jail, a fine of $1,000, and prohibition of operation of a sailboat or motorboat for one year. A second offense is punishable by seven days' imprisonment in the county jail, a fine of at least $1,500 but not more than $5,000, and prohibition of operation of a motorboat or sailboat for two years. A third or subsequent offense is punishable by imprisonment for at least 30 days but not more than one year, a fine of at least $2,500 but not more than $7,500, and prohibition of operation of a sailboat or motorboat for six years. An offense causing serious injury is punishable by imprisonment for at least 30 days but not more than five years, a fine of at least $2,500 but not more than $7,500, and an extra year of prohibition of operation of a motorboat or sailboat in addition to the time period of prohibition the offender would have received had no injury occurred. An offense resulting in death is punishable by 25 years' imprisonment and prohibition of operation of a motorboat or sailboat for six years. All offenders must undergo substance abuse evaluation and treatment at the offender's expense.

   A person who refuses to submit to chemical testing is subject to a mandatory civil penalty of $500 to $2,000, and prohibition of operation of a motorboat or sailboat for one year.

   A person who operates a motorboat or sailboat while prohibited from doing so commits a serious misdemeanor punishable by imprisonment of up to one year and a fine of $1,000.

   Corresponding amendments are made to Code Section 907.3 to prohibit deferral of judgment or sentencing, or suspension of execution of any part of a mandatory minimum sentence or fine under the new Code sections.

   This Act makes inapplicable Code Section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in this Act.

HOUSE FILE 2391 - Theft Detection and Detection Shielding Devices (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act creates new criminal offenses related to theft detection shielding and theft detection devices. The Act defines "theft detection shield" to mean a laminated or coated bag designed to shield merchandise from detection by a theft alarm system. The Act defines "theft detection device" to mean an electronic or other device attached to merchandise on display by a merchant.

   The Act provides that a person shall not manufacture or attempt to manufacture, sell or attempt to sell, possess, use, or distribute or attempt to distribute a theft detection shielding device. The Act provides that a person shall not remove or attempt to remove a theft detection device from merchandise with the intention of committing a theft. The Act also provides that a person shall not possess a tool to remove a theft detection device with the intent to unlawfully remove such a device.

   A person who commits a violation relating to manufacturing or distribution of theft detection shielding devices or possession of a tool to remove a theft detection device is guilty of a serious misdemeanor. A person who commits a violation relating to removal of a theft detection device commits a simple misdemeanor if the value of the goods does not exceed $200, or a serious misdemeanor if the value of the goods exceeds $200. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $50, but not more than $500, or by both. 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.

HOUSE FILE 2419 - Amphetamines and Drug Paraphernalia -- Criminal Penalties (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act makes various changes to amphetamine-related crimes and establishes the crime of possession of drug paraphernalia.

   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, impose random drug tests as a condition of probation, and allow the person's probation officer to place the person in jail upon a violation of probation. If the controlled substance is amphetamine, the court may require intensive probation, which shall include random drug testing.

   The Act amends 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 amphetamine to a person under 18 years of age. The Act provides that a felony committed under Code Section 124.401D 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 mitigating circumstances 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. The Act provides that a person sentenced under 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.

   A person who commits a second or subsequent offense of conspiracy to manufacture or deliver to a minor commits a class "A" felony.

   The Act amends Code Section 124.401E, applying certain penalties for the manufacturing or delivery of amphetamine. If a person is convicted of delivery of or possession with intent to deliver five grams or less of amphetamine 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 amphetamine, the court may 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 amphetamine for a second or subsequent offense, the person shall serve a mandatory prison sentence under Code Sections 124.401 and 124.413, and the length of such sentence is determined by the amount of amphetamine involved in the delivery.

   The Act restricts a person's ability to post a bond upon a conviction of or when appealing a felony conviction for manufacturing, distributing, or possessing with intent to manufacture or distribute any amount of amphetamine to a minor. 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.

   The Act establishes the new criminal offense of possession of drug paraphernalia. The Act provides that a person who possesses any equipment or material used or attempted to be used unlawfully in combination with a controlled substance commits a simple misdemeanor.

   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $50, but not more than $500, or by both. 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 $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. 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 2420 - Sexual Abuse and Sexual Exploitation -- Statute of Limitations (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends Code Sections 802.2 and 802.3, which relate to the statute of limitations period for filing a sexual abuse criminal charge.

   The Act extends the statute of limitations period for filing a criminal charge for sexual abuse in the first, second or third degree committed on or with a minor under 18 from five years after the minor reaches the age of 18 to 10 years after the minor reaches the age of 18. The Act also extends the statute of limitations period for filing a criminal charge for all other sexual abuse cases in the first, second or third degree from three to 10 years after the commission of the act.

   The Act extends the statute of limitations period for filing a criminal charge for sexual exploitation by a counselor or therapist from five to 10 years.

   The Code currently provides that sexual abuse in the first degree is a class "A" felony, which is punishable by confinement for life without possibility of parole. Sexual abuse in the second degree is a class "B" felony, which is punishable by confinement for no more than 25 years. Sexual abuse in the third degree is a class "C" felony, which is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. Sexual exploitation is punishable as an aggravated misdemeanor or a class "D" felony, depending on the nature of the offense.

HOUSE FILE 2470 - Indigent Defense (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to the Office of the State Public Defender and indigent defense costs.

   The Act amends Code Section 13B.8 to permit the State Public Defender to appoint an assistant local public defender and any other employee of a local public defender office. Existing law permits only the removal of an assistant local public defender or employee.

   The amendments to Code Section 232.141 concern the county's base cost for juvenile indigent defense. The Act provides that the state shall pay all juvenile indigent defense costs and then shall seek reimbursement from the county, up to the county's base cost. Under current law, the county pays all juvenile indigent defense costs and then seeks reimbursement from the state up to the base cost.

   The Act amends Code Section 815.7 to broaden a reference regarding attorney compensation to include cases that are not criminal offenses.

   The Act amends Code Section 815.9 to require a judge, in determining whether to appoint an attorney to a case, to examine the nature of a case before appointing an attorney. Under existing law, the court, besides reviewing the financial background of a person, reviewed only the seriousness of the charge committed by the person.

   The Act amends Code Section 815.10 to remove the State Public Defender from the possibility of being appointed by the court to represent an indigent person. However, the court may still appoint the State Public Defender's designee or certain other attorneys to represent an indigent person.

   The amendment to Code Section 815.11 changes the placement of appropriated funds for indigent defense costs from the Department of Inspections and Appeals to the Office of the State Public Defender, which is located within the department.

   The amendment to Code Section 910.2 specifies that court-appointed attorney fees ordered pursuant to Code Section 815.9 shall be part of an indigent person's restitution plan.

   The Act sets the compensation rates for an attorney appointed to represent an indigent prior to July 1, 1999, at the rate of $55 per hour for class "A" felonies, $50 per hour for class "B" felonies, and $45 per hour for all other cases. For purposes of determining the compensation rate for an attorney representing an indigent juvenile, the Act provides that the attorney is considered appointed on the date of the first dispositional hearing or first review hearing held on or after July 1, 1999, and shall be compensated at the rate of $50 per hour.

HOUSE FILE 2510 - Operating While Intoxicated and Ignition Interlock Devices (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act addresses certain issues relating to operating while intoxicated (OWI) offenses.

   The Act specifies that an ignition interlock device be installed on vehicles owned or operated by persons convicted of a second or subsequent OWI offense as a condition of reinstating the person's license.

   The Act also provides that a court may waive up to $500 of the fine for a first-time operating while intoxicated offender when the offender presents a temporary restricted license at the end of the minimum period of ineligibility. Current law provides that the court may waive such portion of the total fine regardless of whether the offender obtains the temporary restricted license.

HOUSE FILE 2511 - Drinking Driver Restrictions (full text of act)

   BY COMMITTEE ON TRANSPORTATION. This Act makes changes related to drinking driver restrictions.

   The Act amends Code Sections 321.560 and 321J.4 to provide for the availability of a court-ordered temporary restricted license under Code Section 321J.4 for a person who is determined to be a habitual offender under Code Section 321.555 due to a combination of offenses (operating while intoxicated, and driving while suspended, denied, revoked, or barred). Presently, Code Section 321J.4 provides a procedure for a court-ordered temporary restricted license for work purposes only for persons determined to be habitual offenders solely because of three Code Chapter 321J offenses within six years. Presently, Code Section 321.560 provides for availability of a temporary restricted license under Code Section 321.215 for persons determined to be habitual offenders solely for three offenses in six years of driving a motor vehicle while the person's driver's license is suspended, denied, revoked, or barred.

   This Act also amends Code Section 321J.22, relating to the course for drinking drivers ordered under Code Chapter 321J and Code Section 707.6A for operating while intoxicated offenders. The Act permits the course to be taught by substance abuse treatment programs licensed under Code Chapter 125 as well as by community colleges, and requires the Department of Education to work with the substance abuse treatment programs in approving the course, creating a list of course times and dates to be supplied to the courts, and maintaining course completion statistics.

   This Act further creates a parental and school notification requirement by a law enforcement officer when a child under the age of 18 violates Code Section 123.46 relating to public intoxication, or violates Code Section 321J.2 or 321J.2A relating to operating a motor vehicle while intoxicated or with a blood alcohol concentration at or above 0.02. The notice requirements are identical to the parental and school notice requirements under Code Section 123.47B when a child under the age of 18 is discovered to be in possession of alcohol.

HOUSE FILE 2519 - Probation and Parole Administration (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act deals with probation and parole in Iowa.

   The Act delays the repeal of the provisions establishing the probation revocation hearings pilot project in the Sixth Judicial District from June 30, 2000, to June 30, 2002. The pilot project transfers the probation violation sanctioning jurisdiction of the district court to an administrative parole and probation judge in the Sixth Judicial District.

   The Act also establishes the position of vice chairperson on the Board of Parole. The vice chairperson shall be appointed from the members of the Board of Parole by the Governor and shall be a full-time, salaried member of the board.

   The Act takes effect May 9, 2000.

RELATED LEGISLATION

SENATE FILE 2092 -- 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 includes the following:

• The Act corrects an internal reference in language relating to review of action or intended action by the State Public Defender on attorney fee claims and clarifies appointment and removal authority provisions relating to the State Public Defender to provide that the State Public Defender may both appoint and remove not only the local public defender but also other employees listed in the applicable paragraph of the Code.
• Language in provisions relating to military proceedings that establish the requirements which must be met before a sentence imposing a dishonorable discharge, discharge under other than honorable conditions, dismissal, or confinement can be adjudged is conformed to language in Section 819 of Article 19 of the Military Code of Justice, and in provisions relating to which kinds of offenses are not cognizable in military proceedings, the offense of rape is replaced with the offense of sexual abuse.
• Language relating to the expunging of child abuse information from the Child Abuse Registry is changed to specify that information relating to the types of child abuse specified in paragraph "c" or "e" of Code Section 232.68, subsection 2, is not to be expunged for 30 years.
• Language relating to penalties applicable to mobile home dealers who acquire Iowa-titled mobile housing or manufactured housing, and who do not obtain a certificate of title for the homes or housing, is modified to provide that the penalties apply to both mobile home and manufactured housing acquisition.
• The Code section reference for the penalty applicable to penal offenses against the Motor Vehicle Title law is changed to refer to Code Section 805.8, which provides a listing of scheduled violations, instead of the general penalty provision for Code Chapter 321 violations, Code Section 321.482.
• Language in provisions relating to the fingerprinting of adults and juveniles is amended to clarify that final disposition reports are to be filled out on both arrests of adults and the taking of juveniles into custody and a Code section that specifies the situations in which a court appearance is required on a scheduled violation is amended to provide that language which describes what a defendant who has been charged with a scheduled violation must do, and what procedures apply, applies to all of the situations enumerated in the section.
• The words "of the inmate" are added to language relating to the deduction of amounts from an inmate's general account for legal and administrative financial obligations to provide that it is the inmate's obligations for which the deductions are to be made.

SENATE FILE 2142 -- Crime Victim Compensation (Complete summary under E CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act amends Code Section 915.86, relating to crime victim compensation.

SENATE FILE 2212 -- Procedures Administered by Clerk of Court (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act makes several changes governing the duties and responsibilities of clerks of the district court, including specific changes of procedure governing criminal matters. The Act extends the time for an initial appearance before a magistrate from 10 days to 30 days after arrest by warrant, or without warrant, and subsequent release on bail. In addition, the Act requires the clerk, rather than the sheriff, to provide 10 days' notice to the defendant and the defendant's sureties of entry of judgment for forfeited bail.

SENATE FILE 2221 -- Juvenile Court Jurisdiction (Complete summary under CHILDREN & YOUTH.)

   This Act makes changes relating to proceedings involving juvenile offenders in juvenile and district court.

SENATE FILE 2249 -- State Agency Purchasing Preference -- Bio-Based Fluids, Greases, and Lubricants (Complete summary under STATE GOVERNMENT.)

   This Act requires the Department of Corrections to comply with purchasing preferences of bio-based hydraulic fluids, greases and other industrial lubricants.

SENATE FILE 2300 -- Interference With Lawful Hunting, Fishing, or Fur Harvesting (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act provides that a first offense of interfering with lawful hunting, fishing or fur harvesting is punishable as a simple misdemeanor and a second or subsequent offense is punishable as a serious misdemeanor.

SENATE FILE 2308 -- Domestic Abuse Records and Electronic Harassment (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act makes harassment via electronic communication a crime under Code Section 708.7. Harassment, and the punishment for harassment, varies according to the type of threat communicated.

SENATE FILE 2366 -- Purchase, Possession, and Sale of Cigarettes and Tobacco Products (Complete summary under HEALTH & SAFETY.)

   This Act relates to cigarette and tobacco product provisions. The Act makes the use of a false or altered driver's license or nonoperator's identification card by a person under the age of 18 to obtain cigarettes or tobacco products a simple misdemeanor. The Act provides that a person, other than a retailer, who sells, gives, or otherwise supplies tobacco products or cigarettes to a person under 18 years of age is guilty of a simple misdemeanor; an employee of a retailer who violates this provision is subject to a simple misdemeanor punishable as a scheduled violation; and a person who violates the prohibition relating to the giving away of samples of cigarettes and tobacco products to minors is guilty of a simple misdemeanor. The Act eliminates the criminal fine for failure to pay an initial civil penalty.

SENATE FILE 2435 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

   This Act provides appropriations to the Department of Human Services for FY 2000-2001 and includes provisions related to human services and health care. The Act provides an appropriation for payment of costs associated with the commitment and treatment of sexually violent predators.

HOUSE FILE 2153 -- Drug Policy Coordination (Complete summary under STATE GOVERNMENT.)

   This Act deals with the coordination of drug policy at the state level. The Act changes the name of the Drug Enforcement and Abuse Prevention Coordinator to the Drug Policy Coordinator. The Act repeals the provision establishing the Narcotic Enforcement Advisory Council, changes the name of the Drug Abuse Advisory Council, and expands the membership of the renamed council.

HOUSE FILE 2205 -- Electronic Commerce (Complete summary under BUSINESS, BANKING & INSURANCE.)

   This Act creates a new Code Chapter 554D, relating to electronic transactions, which replaces Code Chapter 554C, enacted during the 1999 Session. The Act provides that a person shall not knowingly create, publish, alter, or otherwise use an electronic record or an electronic signature for a fraudulent or other unlawful purpose. The Act provides that a person shall not knowingly misrepresent the person's identity or authorization to obtain a private key for use in a digital signature or in requesting suspension or revocation of a private key for use in a digital signature. A person convicted of a violation is guilty of a serious misdemeanor for a first offense, and a class "D" felony upon conviction of a second or subsequent violation.

HOUSE FILE 2473 -- Reports and Proceedings Regarding School Violence and Other Activities -- Immunity (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act establishes criminal immunity for a school employee related to the employee's reasonable and good faith participation in reporting or investigating violence, threats of violence, or other inappropriate activity against a school employee or student in a school building, on school grounds, or at a school-sponsored function.

HOUSE FILE 2525 -- Motor Vehicle Accidents -- Damages (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act relates to limits on the recovery of noneconomic losses in an action to recover damages arising out of the operation or use of a motor vehicle if the injured person was the operator of the motor vehicle, a passenger in the motor vehicle, or a pedestrian, and the injuries were caused by the person's commission of a felony.

HOUSE FILE 2533 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2000, and ending September 30, 2001. The Act includes funding for various programs involving criminals and corrections, including the Drug Control and System Improvement and Residential Substance Abuse Treatment Block Grants.

HOUSE FILE 2552 -- Appropriations -- Justice System (Complete summary under APPROPRIATIONS.)

   This Act appropriates moneys for FY 2000-2001 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, 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 $364.3 million reflect an increase in appropriations from the General Fund of the State of approximately $8.6 million, or 2.4 percent, from the FY 2000 appropriations.

HOUSE FILE 2555 -- Tobacco Settlement Fund Appropriations (Complete summary under APPROPRIATIONS.)

   This Act relates to and makes appropriations from the Tobacco Settlement Fund. The appropriations include an appropriation to the Department of Corrections for day programming and the Drug Court Program. The Act also provides an appropriation to the Iowa Department of Public Health for a Tobacco Use Prevention and Control Initiative, including funds to expand activities that ensure compliance with laws and ordinances prohibiting the sale of tobacco products to persons under 18 years of age and including funds for payment of the costs of full-time equivalent positions to provide for enforcement of tobacco laws and regulations.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: WED June 28 2000
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