2001 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 83 - Uniform Citation and Complaint -- Verification (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends Code Section 805.6, relating to the issuance of a uniform citation and complaint.

   The Act requires a uniform citation and complaint to be issued under oath and certified by the chief officer of the law enforcement agency issuing the citation or the chief officer’s designee. Under current law, which was ruled unconstitutional under Article I, Section 11, of the Iowa Constitution, the issuance of a uniform citation and complaint may be made by an unsworn written statement if the person making the statement certifies the matter is true under penalty of perjury.

   A uniform citation and complaint is generally used for charging traffic violations under state law or local ordinance, and for charging misdemeanors designated as scheduled violations.

SENATE FILE 94 - Sexually Violent Predators -- Escape From Custody (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act prohibits a person who has been placed in or committed to a facility from leaving or attempting to leave such a facility without being accompanied by authorized personnel unless the person has been released or discharged. The Act also prohibits a person from knowingly and voluntarily being absent from a place where the person should be present or leaving or attempting to leave the custody of personnel transporting or guarding the person while away from a facility.

   The Act authorizes the Attorney General or the chief law enforcement officer of the jurisdiction where a violation occurs to notify the public if the person is unconfined and is at large. The Attorney General may also notify the victim or the family of the victim.

   In addition, the Act does not prevent the state from transferring a person to another state under the Interstate Compact on Mental Health under Code Chapter 221.

   A person who commits a violation of the Act commits a simple misdemeanor or may be subject to contempt. Any civil commitment proceeding or treatment process may be stayed by court order until a term of confinement is served for committing a violation of the Act.

SENATE FILE 259 - Crime Victim Compensation Fund -- Use of Moneys (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act amends Code Section 915.94 relating to the Victim Compensation Fund. The Act expands the authority of the Department of Justice to allow use of moneys from the fund for supporting the department’s prosecutor-based victim service coordination efforts. The Act allows the department to use up to $100,000 from the fund for victim service provider training.

SENATE FILE 346 - Crimes, Reports of Crimes, and Department of Corrections Activities (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act makes several changes to statutory provisions involving the Department of Corrections and creates the offense of bestiality.

   The Act provides that a person who performs or attempts to perform, or coerces or attempts to coerce another person to perform, a sex act with an animal commits an aggravated misdemeanor. The Act also expands the definition of "child abuse" to include the commission of bestiality in the presence of a minor.

   The Act permits a peace officer or correctional officer to use deadly force against a person attempting to escape unless the officer knows the person is in custody due to a misdemeanor charge or conviction.

   The Act requires the trial judge, prosecuting attorney, or presentence investigators to provide the department with any previously authorized presentence investigation report on any inmate sent to a correctional institution.

   The Act establishes a training fund in the department and requires the department to provide in-service training to employees, including employees of a judicial district. The Act permits the department to recover the costs of the training from the judicial districts that send employees to the training courses.

   The Act permits inmates to make donations for reimbursement of victims’ travel expenses.

   The Act permits the recording of testimony of certain investigations conducted by the department. However, if the case involving the testimony is appealed, or an interested party requests and pays the costs, the testimony shall be transcribed. The recording or transcription shall be filed and maintained for at least five years or until the employee involved in the investigation is no longer employed with the department, whichever is later.

SENATE FILE 393 - Criminal Defendants’ Restitution Plans -- Petitions (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides that upon the filing of a petition for a hearing on the defendant’s restitution plan, the defendant, the county attorney, the victim, the Department of Corrections, if the defendant is confined in a correctional institution, and the office or the individual who prepared the defendant’s restitution plan shall receive notice of the hearing prior to modifying the plan.

SENATE FILE 486 - Law Enforcement Initiative Surcharge (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act provides for the assessment of a $125 surcharge for certain criminal offenses in addition to any other fine, surcharge, or court cost assessed in a criminal case.

   The Act adds the surcharge to any drug-related criminal offense under Code Chapter 125, 155 or 453B. The surcharge is added to any burglary, forgery, credit card, or theft-related offense. The Act also adds the surcharge on any offense involving damage to property or trespass upon property under Code Chapter 716. The surcharge is added to offenses involving prostitution, pandering, pimping, or furnishing drugs to an inmate. The surcharge also applies to a person who receives a deferred judgment for any offense listed in the Act.

   The Act further provides that the surcharge assessed shall be remitted by the clerk of the district court to the Treasurer of State for deposit in the General Fund of the State.

SENATE FILE 499 - Scheduled Fines -- Miscellaneous Changes (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act makes changes to scheduled fines and reorganizes Code Section 805.8 relating to scheduled fines. The Act separates Code Section 805.8 into three new sections -- 805.8A (motor vehicle and transportation-related offenses), 805.8B (navigation, recreation, hunting, and fishing offenses), and 805.8C (miscellaneous offenses). The Act does not change any scheduled fines for offenses moved to new Code Sections 805.8B and 805.8C; the offenses were merely reorganized from Code Section 805.8 into the new Code sections. The Act does, however, change certain scheduled fines in new Code Section 805.8A that relate to motor vehicle and transportation offenses. (Only one offense was moved from the recreation to the transportation offenses, that being the improper operation of an all-terrain vehicle, with a fine decrease from $100 to $50.) A scheduled violation is a simple misdemeanor that allows a defendant to pay a fixed fine plus court costs and surcharge without ever making a formal court appearance.

   PARKING VIOLATIONS. The Act does not change the fine for parking violations. The Act does change violations under Code Sections 321L.3 (return of persons with disabilities parking permits) and 321L.7 (failure to provide persons with disabilities parking spaces) from simple misdemeanors to simple misdemeanors punishable as scheduled violations, but the fine remains at $100.

   REGISTRATION AND TITLE VIOLATIONS. The Act increases the fine from $5 to $10 for failure to carry a registration card (321.32), miscellaneous registration violations (321.34), failure to properly display plates (321.37), failure to properly maintain plates (321.38), and failure to give notice of name or address or special fuel change (321.41). The Act increases the fine from $20 to $30 for operating a vehicle that is not properly registered (321.17), failure to have required registration and financial liability coverage if doing business in the state (321.55), and operating or allowing to operate without registration (321.98). The Act decreases the fine from $100 to $30 for transfers of title by operation of law (321.47) and antique car registration violations (321.115). The Act also decreases the fine from $100 to $50 for failure to have proper plates by a manufacturer or dealer (321.57).

   EQUIPMENT VIOLATIONS. The Act decreases the fine from $20 to $10 under Code Section 321.386 for failure to have or to comply with motorcycle headlight provisions. The Act increases the fine from $10 to $15 for failure to maintain certain windshield requirements (321.438). The Act decreases the fine from $100 to $20 for a violation of special restrictions on lamps (321.421). The Act increases the fine from $25 to $50 for movement of unsafe or improperly equipped vehicles (321.381). The Act decreases the fine from $100 to $50 for improper operation of a golf cart (321.247) and for improper operation of an all-terrain vehicle (321.234A). The Act changes the penalty under Code Section 321.381A (operation of a low-speed vehicle) from a simple misdemeanor to a simple misdemeanor punishable as a scheduled violation with a scheduled fine of $50. The Act increases the fine from $20 to $35 for defective or improperly used brakes (321.430).

   DRIVER’S LICENSE VIOLATIONS. The Act increases the fine from $20 to $30 for operating with an expired license (321.174A), instruction permit violations (321.180), graduated driver’s license violations (321.180B), violations of restrictions placed on license (321.193), and violations of a school permit (321.194). The Act makes Code Section 321.216B (use of driver’s license or nonoperator identification card to unlawfully obtain alcohol) a scheduled violation punishable by a $100 fine. The Act also makes a violation of Code Section 321.216C (use of driver’s license or nonoperator identification card to unlawfully obtain tobacco products) a scheduled violation punishable by a fine of $100.

   SPEED VIOLATIONS. The Act does not change the fines for speeding violations.

   SPEED VIOLATIONS ON A BRIDGE. The Act increases the fine under Code Section 321.295 from $15 to $30.

   OPERATING VIOLATIONS. The Act increases the fine from $15 to $20 under Code Section 321.236 for violations of certain local parking ordinances (designated one-ways, snow routes, U-turns, and processions). The Act increases the fine from $15 to $25 for motorcycle violations (321.275); failure to give continuous turn signal (321.315); failure to stop or suddenly decreasing speed (321.316); incorrect hand signal (321.363); driving with obstructed view or control (321.363); and coasting on a downgrade (321.365). The Act increases the fine from $20 to $35 for failure to maintain control (321.288). The Act increases the fine from $15 to $35 for driving on wrong side of highway (321.297); passing on wrong side of road (321.299); unsafe passing (321.303); passing too near a bridge, intersection, or railroad crossing (321.304); violating one-way traffic designation (321.305); improper use of lanes (321.306); turning from improper lane (321.111); making unsafe U-turn (321.312); unsafe turn or failure to give signal (321.314); unsafe backing on highway (321.323); driving in or through a safety zone (321.340); unsafe entry onto sidewalk or road (321.353); stopping on traveled portion of highway (321.354); and parking on certain roads without activating parking lights (321.395). The Act decreases the fine from $100 to $50 for overtaking on right (321.302) and acts prohibited on fully controlled-access roads (321.366).

   FAILURE TO YIELD OR OBEY VIOLATIONS. The Act increases the fine from $20 to $35 for various failure to yield violations (321.257), failure to yield half of road (321.298), following too closely (321.307), following too closely by motor trucks or towing vehicles (321.308), unsafe starting of a stopped vehicle (321.313), failure to yield to vehicle on the right (321.319), failure to yield upon left turn (321.320), failure to yield upon entering a highway (321.321), and failure to yield to blind person (321.333). The Act increases the fine from $20 to $50 for failure to yield to a pedestrian (321.329). The Act decreases the fine from $100 to $35 for violation of a pedestrian’s right-of-way (321.327).

   TRAFFIC SIGN OR SIGNAL VIOLATIONS. The Act increases the fine from $20 to $35 for violations of certain local traffic ordinances (321.236), failure to obey traffic-control device (321.256), failure to maintain minimum speed when directed by police officer (321.294), violation of posted highway signs which direct traffic (321.304), and failure to obey a stop or yield sign (321.322).

   BICYCLE OR PEDESTRIAN VIOLATIONS. The Act increases the fine from $10 to $15 for failure by a bicycle rider to ride on proper seat or for too many persons on a bicycle (321.234), local authority regulation of bicycles (321.236), failure by pedestrian or bicycle rider to obey walk light (321.257), failure by pedestrian to obey traffic-control device (321.325), pedestrian walking on wrong side of highway (321.326), pedestrian failure to use crosswalk (321.328), soliciting rides from within roadway (321.331), unlawful use of white cane (331.332), improper light on bicycle (321.397), and use of siren or whistle on a bicycle (321.434). The Act increases the fine from $5 to $15 for failure to display bicycle safety flag (321.275).

   SCHOOL BUS VIOLATIONS. The Act increases the fine from $25 to $35 for violations by a school bus driver under Code Sections 321.285 and 321.372, subsections 1 and 2. The Act provides that an excessive speed violation by a school bus of more than 10 miles per hour in excess of the limit is not a scheduled violation.

   EMERGENCY VEHICLE VIOLATIONS. The Act increases the fine from $10 to $35 for failure of a driver of an emergency vehicle to exercise caution (321.231). The Act increases the fine from $20 to $35 for failure to maintain distance from a fire fighting vehicle (321.367). The Act increases the fine from $15 to $35 for crossing an unprotected fire hose (321.368). The Act increases the fine from $25 to $50 for failure to yield to an emergency vehicle (321.324).

   RESTRICTIONS ON VEHICLES. The Act increases the fine from $25 to $100 for width and length violations (321.454), excess side projection of load passenger vehicle (321.455), excess height (321.456), excess length (321.457), and excess projection from front of the vehicle (321.458).

   MOTOR CARRIER VIOLATIONS. The Act increases the fine from $50 to $100 for improper hauling of food intended for human consumption (321.364) and hazardous material transportation (321.450). The Act increases the fine from $15 to $50 for failure to have proper carrier identification markings (327B.1). The Act increases the fine from $100 to $250 for failure to have proper evidence of interstate authority carried or displayed and failure to register, carry or display evidence that interstate authority is not required (327B.1).

   LITTER AND DEBRIS VIOLATIONS. The Act increases the fine from $25 to $35 for littering (321.369) and failing to remove debris from the highway (321.370).

   FAILURE TO OBEY A PEACE OFFICER. The Act increases the fine from $20 to $35 for failure to obey a peace officer (321.229).

   SEAT BELT VIOLATIONS. The Act increases the fine from $10 to $25 for failing to wear a seat belt (321.445). The Act increases the fine from $10 to $35 for failing to secure a child in a vehicle (321.446).

   OPEN CONTAINER VIOLATION. The Act increases the fine from $50 to $100 relating to open containers in a motor vehicle (321.284 and 321.284A).

   RADAR-JAMMING DEVICES. The Act increases the fine from $10 to $50 relating to use of radar-jamming devices (321.232).

SENATE FILE 543 - Criminal Sentencing -- Miscellaneous Changes (full text of act)

   BY IVERSON AND GRONSTAL. This Act provides changes to criminal sentences for certain criminal offenses involving burglary in the third degree, creates a sentence of a determinate term of confinement and an additional indeterminate term of years for certain class "D" felonies, and extends the time for reconsideration of certain criminal sentences.

   BURGLARY IN THE THIRD DEGREE. The Act changes the criminal penalties for burglary in the third degree or attempted burglary in the third degree for a burglary perpetrated upon an unoccupied motor vehicle, motor truck, or vessel. The Act provides that a person who commits a first offense burglary in the third degree on an unoccupied motor vehicle, motor truck, or vessel commits an aggravated misdemeanor and a person who commits a first offense attempted burglary in the third degree on an unoccupied motor vehicle, motor truck, or vessel commits a serious misdemeanor. Under the Act, a person who commits a second or subsequent offense or a burglary on any other type of unoccupied structure, which includes a personal residence, commits a class "D" felony.

   DETERMINATE SENTENCING FOR CLASS "D" FELONIES. The Act provides the court with a determinate sentencing option if mitigating circumstances exist and those circumstances are stated specifically on the record. The court may, in its discretion, sentence a person to a term of confinement at an institution within the Department of Corrections for a determinate term less than the maximum indeterminate sentence of five years for a class "D" felony. The term of confinement shall be for not less than one year. However, if the sentence also carries a mandatory minimum sentence, the determinate term of confinement shall not be less than the mandatory minimum sentence required by law. The court is not authorized to defer or suspend the sentence, or enter a deferred judgment of a determinate sentence under this sentencing option.

   The Act provides that if a person is sentenced to a determinate term of confinement, the person shall not be eligible for parole until one-half of the term has been served. Earned time accrued and not forfeited shall not apply to cause the person to become eligible for parole until the person has served one-half of the determinate term of confinement entered under this sentencing option. Determinate sentencing does not apply to an offense classified as a forcible felony, a felony under Code Section 321J.2, felonies in Code Chapters 707, 708 and 709, a person sentenced as a habitual offender, felonies listed in Code Section 901A.1, felonies listed in Code Section 902.12, or a felony committed by a person on parole or work release, or while in the custody of the Director of the Department of Corrections.

   ADDITIONAL TERM OF YEARS FOR CLASS "D" FELONS. The Act also provides that if the person is sentenced to a determinate term of confinement under this sentencing option, the court shall also sentence the person to an additional indeterminate term of years not to exceed two years. The sentence of an additional indeterminate term of years commences immediately upon the expiration of the preceding determinate term of confinement and the person shall be assigned to the judicial district department of correctional services by the Department of Corrections.

   The Act requires the district department to place a person serving an additional indeterminate term of years in a level of sanction and supervision appropriate to the person, pursuant to the district’s intermediate criminal sanctions program under Code Chapter 901B. The district department may transfer a person along the continuum, if necessary and appropriate. If a person violates the terms and conditions of placement, the district department may transfer the person to a more restrictive placement as provided in the district department’s program.

   The Act provides that a person serving an additional indeterminate term of years may be discharged from the sentence in the same manner as a person serving probation may be discharged under Code Section 907.9.

   The Act provides that a person serving an additional indeterminate term of years shall receive credit for any time served after expiration from the preceding determinate term of confinement against the person’s sentence of an additional indeterminate term of years.

   The Act also provides that if a person is paroled more than six months prior to the expiration of the person’s determinate term of confinement, the person shall not serve an additional indeterminate term of years.

   RECONSIDERATION OF SENTENCES. The Act provides that a felon’s sentence other than a class "A" felony or where a minimum sentence of confinement is imposed may be reconsidered by the court within one year from the date of the felon’s sentence. Current law provides that a felon’s sentence may be reconsidered by the court within 90 days from the date of the felon’s sentence.

   EDUCATION. The Act provides that the Department of Corrections, in cooperation with the Division of Criminal and Juvenile Justice Planning, the State Public Defender, and the Office of the Prosecuting Attorneys Training Coordinator, shall compile and provide information for distribution about the changes to criminal sentencing under the Act.

SENATE JOINT RESOLUTION 3 - Sixth Judicial District Department of Correctional Services Lease-Purchase Agreement (full text of resolution)

   BY COMMITTEE ON JUDICIARY. This Joint Resolution permits the Sixth Judicial District Department of Correctional Services to exercise an option in an existing lease-purchase agreement to purchase 10 acres of real property located in Linn County. In the alternative, the Joint Resolution permits the judicial district to enter into a new lease-purchase agreement to acquire such property.

   The Joint Resolution takes effect May 7, 2001.

HOUSE FILE 229 - Reserve Peace Officers (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act establishes a reserve peace officer force with the judicial district departments of correctional services.

   The Act permits the district board of a judicial district department of correctional services to create a force of reserve peace officers. The board may establish the force by entering into a Code Chapter 28E agreement or may create its own force within the judicial district. The applicable director of the judicial district department of correctional services is given supervisory authority over the reserve officers, subject to the standards of the Iowa Law Enforcement Academy. The Act also provides that if a reserve force is established, the department shall appoint a certified police officer as supervising officer. The reserve police force must be directly supervised by a certified police officer who is on duty. Under current law, a regular force officer must serve as supervising officer.

   A reserve peace officer is a volunteer, nonregular, sworn law enforcement officer who serves at a minimum compensation rate of $1 per year and has regular police powers.

HOUSE FILE 272 - Felonious Misconduct by Public Officer or Employee -- Falsified Writings (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to felonious misconduct by a public officer or employee. The Act prohibits a public officer or employee from falsifying a writing, or knowingly delivering a falsified writing, with the knowledge that the writing is falsified and that the writing will become a public record of a government body. The Act further provides a cross reference to the statutory definitions of "public record" and "government body" as defined in Code Chapter 22, the public records law. A public officer or employee convicted of a violation of this Act is guilty of a class "D" felony.

HOUSE FILE 287 - Interstate Compact for Adult Offender Supervision (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act establishes the Interstate Compact for Adult Criminal Offender Supervision.

   The Act creates an interstate commission that will establish uniform procedures to manage the movement between states of adult offenders who have been placed on probation or parole. The commission shall oversee the interstate movement of offenders in the compacting states and monitor activities in noncompacting states that may significantly affect the compacting state. The Act provides that each state shall establish a state council to appoint the person who will represent the state on the interstate commission. The council is also responsible for developing policies and procedures related to the operation of the commission in this state.

   Membership of each state council shall include five members, plus the compact administrator. At least one council member shall be from a minority group. The Chief Justice of the Supreme Court shall appoint one member to represent the judicial branch. The President of the Senate shall appoint one member to represent the Senate. The Speaker of the House of Representatives shall appoint one member to represent the House of Representatives. The Governor shall appoint one member to represent the executive branch and one member to represent victim groups. The Governor, in consultation with the judicial and legislative branches, shall appoint the compact administrator.

   The Act provides that the commission shall receive notice of any court proceedings that may affect the responsibilities or actions of the commission and shall have standing to intervene in such proceedings.

   The Act requires each compact state to pay an annual assessment to the commission. The assessment shall be based upon the population of the state and the volume of interstate movement of offenders from the state.

   The Act takes effect July 1, 2002, or when 35 states have enacted the compact into law, whichever is later.

HOUSE FILE 327 - Enticing Away and Sexual Exploitation of a Minor (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to the criminal offenses of enticing away a minor and sexual exploitation of a minor.

   The Act changes the name of the crime of "enticing away a child" to "enticing away a minor," and makes changes to the penalties. The Act provides that a person commits a class "C" felony if the person entices away a minor under the age of 13, or a person believed to be under the age of 13, with the intent to commit sexual abuse or sexual exploitation. A person commits a class "D" felony if the person entices away a minor under the age of 16, or a person believed to be under the age of 16, with the intent to commit an illegal act. A person commits an aggravated misdemeanor if the person attempts to entice away a minor who is under the age of 16 or a person believed to be under the age of 16. Under current law, a person commits a class "D" felony for enticing away a minor and an aggravated misdemeanor for attempting to entice away a minor.

   The Act also provides that the offense is considered committed in this state if the communication to entice away a minor or person believed to be a minor who is present in this state originates in another state, or the communication to entice away a minor or person believed to be a minor is sent from this state.

   The Act adds "enticing away a minor under the age of 13" to the list of sexually predatory offenses in Code Chapter 901A. A person convicted of a sexually predatory offense will serve a greater sentence than if only convicted of the underlying offense. A person who commits enticing away a minor under the age of 13 must register as a sex offender.

   The Act also makes changes to the definition of the criminal offense of "sexual exploitation of a minor." Under current law, it is unlawful to induce or permit a minor to engage in a sex act if the person knows or should have known that the sex act may be photographed, filmed, or otherwise preserved in a negative, slide, book, magazine, or other print or visual medium. The Act makes it also unlawful to induce or permit a minor to engage in a sex act if the person knows or should know that the sex act will be preserved in some manner on a computer, computer disk, or be placed in an electronic storage system, or in any other type of storage system. A person who commits sexual exploitation of a minor by unlawfully inducing or permitting a minor to engage in a sex act commits a class "C" felony.

   Under current law, it is unlawful to knowingly purchase or possess images of a minor in a sex act if the image is in a negative, slide, book, or magazine, or other print or visual medium. The Act makes it also unlawful to knowingly purchase or possess images of a minor or what appears to be a minor engaged in a sex act if the images are contained in a computer, computer disk, or in an electronic storage system, or in any other type of storage system. The Act increases the penalty for purchasing or possessing sexually exploitive images from a serious misdemeanor to an aggravated misdemeanor. If a person commits a second or subsequent offense of purchasing or possessing sexually exploitive images, the person commits a class "D" felony. Under the Act, a second or subsequent offense means that prior to a conviction for the offense of sexual exploitation of a minor, the person either has a prior conviction or a deferred judgment of the same offense in this state or the person has a prior conviction, deferred judgment, or the equivalent of a deferred judgment in another jurisdiction for an offense substantially similar to the offense of sexual exploitation of a minor.

HOUSE FILE 458 - Limitation of Criminal Actions -- Incest -- Sexual Exploitation (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act extends the statute of limitations period for filling a criminal charge of incest and sexual exploitation by a counselor or therapist.

   The Act provides that the statute of limitations shall be extended for filing a criminal charge of incest or sexual exploitation committed on or with a person under the age of 18 to 10 years after the person reaches the age of 18. The Act also extends the statute of limitations period for filing a criminal charge for all other incest and sexual exploitation cases to 10 years after the commission of the act. Under current law, the statute of limitations period is three years.

HOUSE FILE 550 - Sex Offender Registration -- Criminal HIV Transmission (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act adds the offense of criminal transmission of human immunodeficiency virus through intimate contact to the list of aggravated offenses that require registration under the Sex Offender Registry. Current law generally requires a person to register as a sex offender for a period of 10 years. Persons convicted of aggravated offenses are required to register for life. A person who is convicted of criminal transmission of human immunodeficiency virus commits a class "B" felony.

   The Act takes effect April 24, 2001.

RELATED LEGISLATION

SENATE FILE 63 -- Child Endangerment (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child endangerment violations and the penalties for these violations under the Criminal Code. The Act is popularly referred to as the "boyfriend bill."

SENATE FILE 125 -- Interstate Wildlife Violators Compact Membership (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act authorizes the Department of Natural Resources to enter into an Interstate Wildlife Violators Compact with one or more other states to enforce state laws and rules relating to the protection and conservation of wildlife.

SENATE FILE 184 -- County Sheriff Services -- Fees -- Garnishment Release (Complete summary under LOCAL GOVERNMENT.)

   This Act increases the fees a county sheriff must collect for serving various notices, warrants, orders, summons, executions, and subpoenas, and increases the hourly or daily fees for attending property sales, summoning and attending juries, or conveying patients to and from public institutions.

SENATE FILE 265 -- Nonoperative Air Bags -- Installation, Distribution, or Sale -- Penalty (Complete summary under TRANSPORTATION.)

   This Act prohibits a person from installing or reinstalling for compensation, distributing, or selling a nonoperative air bag that is part of an inflatable restraint system for a motor vehicle if the person knows that the air bag is nonoperative.

SENATE FILE 339 -- Hunting and Fishing Violations -- Fines (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act provides that the scheduled fine of $100 specified in Code Section 805.8, subsection 5, paragraph "e," does not apply to violations of Code Chapters 482 and 483A for which another scheduled fine is specified elsewhere in Code Section 805.8, subsection 5.

SENATE FILE 350 -- Transportation -- Additional Miscellaneous Changes (Complete summary under TRANSPORTATION.)

   This Act makes several transportation-related Code changes. The Act amends Code Section 321J.13 to provide that a person shall prevail at a hearing to rescind the revocation of the person’s driver’s license or operating privilege for refusal to submit to chemical testing or failure of a chemical test if, in the criminal operating while intoxicated action, the court held that the peace officer provided false testimony affecting the determination of reasonable grounds to believe that an operating while intoxicated violation occurred. Such a holding is binding on the Iowa Department of Transportation if the holding includes written findings of fact based on testimony under oath and that, in any criminal prosecution under Code Chapter 321J, the state shall not stipulate to facts without probable cause to support the facts in order to obtain such a holding.

SENATE FILE 355 -- Custody of Newborn Infants -- Release at Institutional Health Care Facilities -- Parental Rights (Complete summary under CHILDREN & YOUTH.)

   This Act, known as the "Newborn Safe Haven Act," allows a parent of a newborn infant to voluntarily release custody of that infant at an institutional health facility. The Act includes various civil and criminal immunity provisions for persons involved with making or receiving the custody release and requirements for the county attorney and the juvenile court.

SENATE FILE 412 -- Compulsory School Attendance Age (Complete summary under EDUCATION.)

   This Act provides that if a child enrolled in a school district or accredited nonpublic school reaches the age of 16 on or after September 15, the child is deemed to be of compulsory attendance age for the entire academic year.

SENATE FILE 458 -- Services and Proceedings Involving Juvenile Delinquents and Other Children (Complete summary under CHILDREN & YOUTH.)

   This Act relates to children’s programs and provisions involving the Department of Human Services and the juvenile court, including hearings and orders for out-of-home placements of children determined to be delinquent, hearing notices, and permanency hearings.

SENATE FILE 470 -- Infectious and Contagious Diseases in Animals -- Regulation and Remedies (Complete summary under AGRICULTURE.)

   This Act amends Code Chapter 163 regulating infectious and contagious diseases in animals by providing that persons violating the chapter’s provisions are subject to civil penalties in lieu of criminal penalties, and authorizing the Department of Agriculture and Land Stewardship or the Attorney General to apply to the district court for injunctive relief.

SENATE FILE 525 -- 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, 2001, and ending September 30, 2002. The Act includes funding for various programs involving criminals and corrections, including Drug Control and System Improvement, Local Law Enforcement, and Residential Substance Abuse Treatment for State Prisoners Block Grants.

SENATE FILE 530 -- Appropriations -- Justice System (Complete summary under APPROPRIATIONS.)

   This Act makes appropriations for FY 2001-2002 to the departments of Justice, Corrections, Public Defense, and Public Safety, the Iowa Law Enforcement Academy, the Office of Public Defender, and the Board of Parole. The Act also limits the drug courts to persons who have been convicted of a criminal offense and grants priority in the program to felony offenders.

SENATE FILE 537 -- Tobacco Settlement Fund Appropriations (Complete summary under APPROPRIATIONS.)

   This Act relates to and makes appropriations from the Tobacco Settlement Endowment Fund and the Healthy Iowans Tobacco Trust. The Act codifies a provision directing the Director of Public Health to establish and operate a substance abuse treatment facility for persons on probation and under the supervision of a judicial district department of correctional services. The Act appropriates funds to the Iowa Department of Public Health for the establishment, operation and staffing of the facility.

HOUSE FILE 192 -- Access to Criminal History and Abuse Information -- Department of Inspections and Appeals (Complete summary under HEALTH & SAFETY.)

   This Act authorizes certain criminal history and abuse record and registry access to the Department of Inspections and Appeals for purposes of data verification and record checks of applicants for employment with the department.

HOUSE FILE 341 -- Abortion Informed Consent -- VETOED BY THE GOVERNOR (Complete summary under HEALTH & SAFETY.)

   This bill would have established a new Code chapter, relating to a woman providing informed consent prior to an abortion and including criminal penalties for persons violating the chapter.

HOUSE FILE 354 -- Determination and Pronouncement of Death (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act amends the Iowa Criminal Code to provide that a physician assistant, a licensed practical nurse, or a registered nurse may make a pronouncement of death.

HOUSE FILE 502 -- Offenses Against Animal Facilities or Crop Operations (Complete summary under AGRICULTURE.)

   This Act amends Code Chapter 717A, which prohibits a person from injuring animals or interfering with animal facilities, by broadening the scope of the chapter’s applicability, including broadening the types of animals and animal facilities and the types of injuries to animals covered by the chapter. The Act also prohibits the destruction of crops or related property and the disruption of crop operations, and provides for a cause of action and special damages and criminal penalties for violations of the prohibitions.

HOUSE FILE 597 -- Meat and Poultry Processors -- Unclaimed Deer Venison (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act exempts a licensed processor from criminal liability arising from the condition of unclaimed deer venison donated to a local nonprofit, charitable organization if the donor reasonably inspects the meat at the time of donation and finds the venison fit for human consumption.

HOUSE FILE 598 -- Child Protection Center Grant Program (Complete summary under CHILDREN & YOUTH.)

   This Act establishes a Child Protection Center Grant Program in the Iowa Department of Public Health if funding is available for the program. The grant requirements for centers include involvement of law enforcement and the county attorney in operating the center.

HOUSE FILE 680 -- Child and Dependent Adult Abuse Reporting (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child and dependent adult abuse reporting, including peace officers and other mandatory reporters of abuse, abuse reporter training, and requirements for submission of information to the county attorney regarding false reports of child abuse.

HOUSE FILE 726 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

   This Act provides for appropriations to the Department for the Blind, the Iowa State Civil Rights Commission, the Department of Elder Affairs, the Governor’s Office of Drug Control Policy, the Iowa Department of Public Health, the Department of Human Rights, and the Commission of Veterans Affairs. The Act increases the Drug Abuse Resistance Education (DARE) surcharge from $5 to $10 for operating while intoxicated offenses and offenses relating to the possession, manufacture or delivery of controlled substances. Revenues from the DARE surcharge shall be utilized for the DARE Program and other similar programs.

HOUSE FILE 732 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

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

HOUSE FILE 755 -- Miscellaneous Appropriations, Reductions, and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division II of this Act reduces the standing appropriation to the Department of Corrections for FY 2001-2002 for payment of special court costs and attorney fees. Division VI of this Act relates to scheduled violations. Senate File 499 reorganizes the Code placement of scheduled fines in Code Chapter 805 and changes some of those fines. Currently several Code sections prescribe unspecified or specified simple misdemeanor penalties for violations of those sections but do not refer to the applicable scheduled fine for those simple misdemeanor penalties. The following Code sections are amended to delete the reference to an unspecified or specified simple misdemeanor penalty and to instead refer to the specific scheduled fine provided for the violation in S.F. 499: Code Sections 321.17, 321.98, 321.193, 321.216, 321.216B, 321.216C, 321L.3, 321L.7, and 452A.52.

HOUSE FILE 759 -- Miscellaneous Funding Restoration, Reductions, and Other Provisions - SECOND EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act addresses public funding and regulatory matters, primarily making supplemental appropriations to restore appropriations that were subject to the Governor's across-the-board reductions of 4.3 percent to executive branch allotments and includes corrective amendments to the previously enacted Interstate Compact for Adult Offenders and authorization to move the unit for sexually violent predators to the State Mental Health Institute at Mount Pleasant.

© 1998 Cornell College and League of Women Voters of Iowa

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