Criminal Law, Procedure And Corrections Legislation

SENATE FILE 415 - District Associate Judge Jurisdiction

SENATE FILE 2034 - Limitations on Prosecutions of Criminal Actions - Persons Absent From State

SENATE FILE 2098 - Criminal Mischief and Unauthorized Computer Access

SENATE FILE 2146 - Terrorism and Intimidation With a Dangerous Weapon

SENATE FILE 2197 - Sex Offenders - Residency Restrictions - Child Care Facilities and Elementary or Secondary Schools

SENATE FILE 2288 - Temporary or Acting County Attorneys

SENATE FILE 2301 - Indigent Defense

HOUSE FILE 2153 - Criminal Sentencing Procedures - Victim Impact Statements

HOUSE FILE 2201 - DNA Profiling of Criminal Defendants

HOUSE FILE 2230 - Operating While Intoxicated - Penalties for Third or Subsequent Offenses

HOUSE FILE 2338 - Sex Offender Registration - Enrollment, Employment, or Vocation at Higher Education Institution

HOUSE FILE 2345 - Violence Against Women Program - Administration

HOUSE FILE 2363 - Weapons Purchase, Possession, and Sale - Permits - Contiguous or Adjacent States

HOUSE FILE 2495 - Sexual Abuse - Issuance of No-Contact Order Upon Defendant's Arrest

HOUSE FILE 2506 - Sex Offenders - Issuance of No-Contact Order Upon Defendant's Release From Confinement

HOUSE FILE 2507 - Possession and Distribution of Anthrax

HOUSE FILE 2546 - Assault - Intent Requirements

Related Legislation

SENATE FILE 466 - Child Care and Child Care Providers - Obtaining Public Funding by Fraudulent Means

SENATE FILE 2100 - Domestic Abuse - Intimate Relationships

SENATE FILE 2118 - Human Cloning Prohibition

SENATE FILE 2124 - Public Defense, Emergency Management, and Iowa Technology Center

SENATE FILE 2268 - Regulation, Protection, and Disposition of Animals

SENATE FILE 2275 - Substantive Code Corrections

SENATE FILE 2278 - Jails and Local or Regional Confinement Facilities - Space and Needs Inventory

SENATE FILE 2286 - Sexually Violent Predators - Civil Commitment

HOUSE FILE 2249 - Private Investigation, Private Security, and Lottery Licensing and Regulation

HOUSE FILE 2264 - Informed Consent Prior to Abortion - VETOED BY THE GOVERNOR

HOUSE FILE 2409 - Election Misconduct

HOUSE FILE 2447 - Watercraft Regulation - Operation and Safety

HOUSE FILE 2552 - Child Abuse Assessment Interviews

HOUSE FILE 2565 - Residential Real Estate Installment Contracts - Disclosure Statements

HOUSE FILE 2582 - Federal Block Grant Appropriations

HOUSE FILE 2615 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations

HOUSE FILE 2616 - Protection of Wild Animals

HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions

HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION

HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002 - 2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION

SENATE FILE 415 - District Associate Judge Jurisdiction Full Text of Act
By Committee on Judiciary.

This Act permits a district associate court judge to have jurisdiction in any felony arraignment, and any proceeding or trial related to class "D" felonies.

SENATE FILE 2034 - Limitations on Prosecutions of Criminal Actions - Persons Absent From State Full Text of Act
By Committee on Judiciary.

This Act relates to the filing of a criminal indictment or trial information.

The Act provides that when a person leaves the state, the time to file an indictment or information does not run while the person is out of the state if the person maintains a residence in Iowa. Current law provides that the time to file an indictment or trial information does not run if the person leaves the state with the intent to avoid prosecution.

The Iowa Rules of Criminal Procedure specify that an indictment or trial information must be found within 45 days of arrest.

SENATE FILE 2098 - Criminal Mischief and Unauthorized Computer Access Full Text of Act
By Committee on Judiciary.

This Act relates to the criminal offense of unauthorized computer access. A person commits the crime of unauthorized computer access if the person knowingly and without authorization accesses a computer, computer system, or computer network.

The Act provides that a person commits an aggravated misdemeanor if the computer data accessed contains confidential records as defined in Code Section 22.7, operational or support data of a public utility as defined in Code Section 476.1, or trade secrets as defined in Code Section 550.2. A person commits a serious misdemeanor if, during the unauthorized access, computer data is copied, altered or deleted. A person commits a simple misdemeanor for any other unauthorized access to a computer, computer system, or computer network. Prior law classified all unauthorized computer access as a simple misdemeanor.

SENATE FILE 2146 - Terrorism and Intimidation With a Dangerous Weapon Full Text of Act
By Committee on Judiciary.

This Act establishes new criminal offenses related to acts of terrorism. The Act defines "terrorism" as an act intended to intimidate or coerce a civilian population, or to influence the policy of a unit of government by intimidation or coercion, or to affect the conduct of a unit of government. However, the term "terrorism" shall not be construed to prohibit forms of expression protected by the United States and Iowa constitutions.

CLASS "A" FELONY. A person who kills another person while participating in an act of terrorism commits a class "A" felony.

TERRORISM. A person who commits or attempts to commit an act of terrorism commits a class "B" felony, punishable by not more than 50 years' confinement.

SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM. A person who provides material support or resources valued in excess of $1,000 to a person who commits an act of terrorism is guilty of a class "B" felony; if the value does not exceed $1,000, the person is guilty of a class "C" felony. The Act defines "material support or resources" as providing money, financial securities, financial services, lodging, training, safe houses, false documentation, communication equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets.

THREAT OF TERRORISM. A person who threatens to commit or cause an act of terrorism to be committed and raises a reasonable expectation or fear the threat will be carried out is guilty of a class "D" felony.

OBSTRUCTION OF TERRORISM PROSECUTION. A person who renders criminal assistance to a person who commits an act of terrorism that results in the death of another person is guilty of a class "B" felony. If the person renders criminal assistance but no death results from the act, the person is guilty of a class "C" felony. The Act defines "person who renders criminal assistance" as a person who knowingly attempts to prevent the apprehension or obstructs the prosecution or defense of another person who has committed an act of terrorism.

INTIMIDATION WITH A DANGEROUS WEAPON. The Act changes the name of the current criminal offense of "terrorism" to the criminal offense of "intimidation with a dangerous weapon."

SENATE FILE 2197 - Sex Offenders - Residency Restrictions - Child Care Facilities and Elementary or Secondary Schools Full Text of Act
By Committee on Judiciary.

This Act prohibits a registered sex offender from residing near a school or child care facility.

The Act provides that a person required to register as a sex offender shall not reside within 2,000 feet of the real property comprising a public or nonpublic elementary or secondary school, or child care facility. The Act defines "child care facility" to mean a child care center, preschool, or registered child care home.

A person who violates the Act commits an aggravated misdemeanor, punishable by confinement for no more than two years and a fine of at least $500 but not more than $2,000.

The Act also provides that prior to release or sentencing, the person shall be informed about the restrictions on residing near a school or child care facility.

A sex offender who resides within the restricted area does not violate the Act under any of the following circumstances: (1) the person is required to serve a sentence at a jail, prison, or juvenile facility, (2) the person is subject to an order of commitment under Code Chapter 229A, (3) the person has established a residence prior to the effective date of this Act, (4) a school or child care facility is newly located on or after the effective date of this Act, or (5) the person is a minor or a ward under a guardianship.

SENATE FILE 2288 - Temporary or Acting County Attorneys Full Text of Act
By Committee on Local Government.

This Act relates to the appointment of an acting or a temporary county attorney. The Act provides that upon the application of a county attorney or the Attorney General, the chief judge or the chief judge's designee may appoint an attorney to act temporarily as county attorney until the board of supervisors has had sufficient time to appoint an acting county attorney. The Act provides that as an alternative, after an application has been filed, the Attorney General may be appointed to temporarily act as county attorney if the Attorney General consents to the appointment.

The Act provides that if the county attorney and all assistant county attorneys are disqualified, because of a conflict of interest, from performing duties and conducting official business in any juvenile, criminal, contempt, or commitment proceeding which requires the attention of the county attorney, the chief judge or the chief judge's designee may appoint an attorney to act as county attorney in the proceeding, upon the application of the county attorney or the Attorney General. As an alternative, after an application has been filed, the Attorney General may be appointed to act as county attorney in the proceeding if the Attorney General consents to the appointment. The Act provides that if the Attorney General does not consent to the appointment, the chief judge or the chief judge's designee may appoint an attorney designated by the Attorney General.

The Act provides that the board may appoint an attorney to act as county attorney in any civil proceeding if the county attorney and all assistant county attorneys are disqualified because of a conflict of interest. Upon request by the county attorney, the Attorney General may act as county attorney in a criminal proceeding, without appointment by the board, the chief judge, or the chief judge's designee. Upon an application by the Attorney General under this Act, the county attorney shall be provided notice and an opportunity to object to any appointment.

Under current law, the county board of supervisors may appoint an acting county attorney if the county attorney and assistant county attorneys are unable to carry out the official duties of office because of absence, sickness or disability.

SENATE FILE 2301 - Indigent Defense Full Text of Act
By Committee on Judiciary.

This Act relates to the representation of indigent persons and to the duties of the State Public Defender.

The Act permits the State Public Defender to deny an indigent defense claim requesting payment from the state if the claim is not payable as an indigent defense claim, or if it is not payable under the contract between the attorney and the State Public Defender, or if the appointment was obtained improperly by the attorney. The Act also permits the State Public Defender to deny portions of a claim if it is not within the scope of representation of the indigent person. Prior law permitted the State Public Defender to deny a claim only if it was not timely filed or incomplete, and to deny those portions that were excessive.

The Act provides that an attorney seeking judicial review of any action denying or reducing an indigent defense claim must file a motion within 20 days of the denial or reduction of the claim by the State Public Defender. The Act requires the State Public Defender to be notified 10 days prior to the hearing on the motion. The attorney or State Public Defender may appear at the hearing by telephone and if the State Public Defender appears by telephone, the State Public Defender shall be responsible for paying the telephone charges.

The Act provides that in reviewing a claim for compensation to determine if the claim is reasonable and necessary, the State Public Defender may consider whether the attorney was retained or agreed to represent the indigent person prior to appointment. The Act requires the attorney to provide the State Public Defender with any representation agreement and any information on moneys earned or paid prior to appointment. The Act makes confidential all attorney-client information submitted to the State Public Defender regarding the representation prior to appointment.

The Act strikes the section requiring the State Public Defender to annually report to the General Assembly the amount of funds recouped from the collection of assessed court-appointed attorney fees and public defender expenses.

The Act strikes the Code provision requiring the State Public Defender to provide a written proposal to the Justice Systems Appropriation Subcommittee detailing the reasons for establishing or abolishing a local public defender office. The provision stricken by the Act requires that if the State Public Defender proposes to abolish a local public defender office before the regular session of the General Assembly, the State Public Defender must notify the General Assembly of such action. The provision stricken by the Act further requires that, if within the first 90 days of session, the General Assembly fails to act on the proposal, the local public defender office shall be abolished.

The Act provides that a public defender or any other attorney appointed to represent an indigent person is immune from liability for representing the person unless the court finds that the attorney provided ineffective assistance of counsel and it is the proximate cause of the injury or damage to the person. Prior law provided that an appointed attorney was immune from liability unless the conviction of an indigent person resulted from ineffective assistance of counsel.

The Act provides that if the public defender is unable to represent a person because of a temporary overload of cases or a conflict of interest, the court shall appoint the designee of the public defender. If there is no designee available, the court shall appoint a contract attorney, and if a contract attorney is unavailable, the court shall appoint a noncontract attorney. Prior law provided that if the public defender had a temporary overload of cases or a conflict of interest, the court must first attempt to appoint a contract attorney; and if a contract attorney was unavailable, the court must appoint a noncontract attorney.

The Act provides that the court shall first attempt to appoint the Appellate Defender, if available, to represent an indigent person on appeal for denial of postconviction relief.

The Act provides that an attorney appointed to represent an indigent person shall obtain court approval prior to exceeding the fee limitations established in Code Section 13B.4. An attorney may exceed the fee limitations if good cause is shown. The Act also provides that an attorney may obtain court approval after exceeding the fee limitations if good cause is shown. Failure to timely file an application to exceed the fee limitations after exceeding the fees does not constitute good cause.

The Act provides that costs and fees incurred under provisions of the Code or not enumerated under administrative rules, including fees to material witnesses, fees associated with arrests of alleged parole violators, fees for representing parole violators, and fees for certain probation violations, are not payable out of indigent defense funds.

The Act provides that when determining the amount of restitution for each case, the expense of the public defender shall be calculated at the same hourly rate of compensation specified under Code Section 815.7, but shall not exceed the fee limitations in Code Section 13B.4.

HOUSE FILE 2153 - Criminal Sentencing Procedures - Victim Impact Statements Full Text of Act
By Committee on Judiciary.

This Act relates to the presentation of a victim impact statement at a criminal sentencing hearing.

The Act provides that a victim impact statement may be presented at the sentencing hearing in a video or audio format as well as orally or in a written format and the victim shall not be placed under oath and subjected to cross-examination at the sentencing hearing.

The Act requires that a written, video or audio victim impact statement be presented at a defendant's sentencing hearing in the presence of the defendant if the victim requests it to be so presented. The Act also permits the impact statement to be presented by the victim's attorney or designated representative.

Current law permits a victim to present a victim impact statement orally at the sentencing hearing or in writing prior to sentencing.

HOUSE FILE 2201 - DNA Profiling of Criminal Defendants Full Text of Act
By Committee on Judiciary.

This Act requires all felons to submit a physical specimen for "DNA profiling," which the Act defines as a procedure for determining a person's genetic identity.

The Act provides that any person convicted of a felony shall submit a physical specimen for DNA profiling. The Act requires that a felon submit a physical specimen when confined at a correctional institution or assigned to a judicial district department of correctional services. The Act and current law provide that the Division of Criminal Investigation shall conduct the DNA profiling or that the division may contract with private entities to conduct the profiling. Code Section 13.10 lists other offenses that require DNA profiling.

The Act requires the division to share the DNA information with appropriate federal agencies for use in a national database.

The Act and current law also provide that a person convicted of assault with intent to commit sexual abuse, punishable as an aggravated misdemeanor, must submit a physical specimen for DNA profiling.

The Act directs the Board of Parole to require DNA profiling as a condition of parole or work release. Current law permits the board to require DNA profiling as a condition of parole or work release.

Current law and the Act provide that the court may order a misdemeanant to submit a physical specimen for DNA profiling. In determining whether to order DNA profiling, the court shall consider the deterrent effect, the likelihood of repeat offenses, and the seriousness of the crime.

Current law and the Act do not apply to a person receiving a deferred judgment.

The Act contains a contingent effective date making the Act effective only if sufficient funds are appropriated or received to pay the annual cost of the Act.

HOUSE FILE 2230 - Operating While Intoxicated - Penalties for Third or Subsequent Offenses Full Text of Act
By Committee on Judiciary.

This Act provides that persons who commit a third or subsequent operating-while-intoxicated (OWI) offense shall be committed to the custody of the Director of the Department of Corrections for an indeterminate term not to exceed five years with a mandatory minimum term of confinement of 30 days, and assessed a fine of at least $2,500 but not more than $7,500. If the court does not suspend the person's sentence of commitment to the custody of the director, the person shall be assigned to an OWI treatment facility. If the court suspends the person's sentence of commitment to the custody of the director, the court shall order the person to serve at least 30 days but not more than one year in the county jail, and the person may be ordered to do treatment in the community.

HOUSE FILE 2338 - Sex Offender Registration - Enrollment, Employment, or Vocation at Higher Education Institution Full Text of Act
By Committee on Judiciary.

This Act relates to a person registering as a sex offender in a county where an institution of higher education is located.

The Act provides that a person who is required to register as a sex offender shall, if the person is a full-time or part-time student or is employed or engaged in a vocation on a full-time or part-time basis at an institution of higher education in a county other than the county of residence, register in a county where the person is a nonresident. The Act provides the person must register and provide the sheriff with the name of the institution within five days of becoming a student, being employed, or engaging in a vocation at the institution.

The Act also provides that a person who is required to register as a sex offender, who is a full?time or part?time student, or is employed or engaged in a vocation on a full?time or part?time basis at an institution of higher education in the county of residence, shall notify the sheriff of the name of the institution.

A person required to register pursuant to this Act who changes the person's status as a student or in employment or vocation is also required to notify the sheriff of the county in which the information was provided within five days of a change in the person's status.

The Act also provides that the entity responsible for releasing the person shall inform the person of the notice requirements under the Act.

The Act provides that a criminal violation of Code Chapter 692A, which provides for the Sex Offender Registry, occurs when a person knows or reasonably should know of the duty to fulfill a requirement of Code Chapter 692A.

A person required to register as a sex offender who commits a violation of this Act commits a serious misdemeanor for a first offense and a class "D" felony for a second or subsequent offense. A person who commits a violation of this Act and commits certain other criminal offenses commits a class "C" felony.

HOUSE FILE 2345 - Violence Against Women Program - Administration Full Text of Act
By Committee on Judiciary.

This Act expands the authority of the Department of Justice to administer the Violence Against Women Program and grants received under the federal Violence Against Women Act (VAWA). This program is currently administered by the Governor's Office of Drug Control Policy.

HOUSE FILE 2363 - Weapons Purchase, Possession, and Sale - Permits - Contiguous or Adjacent States Full Text of Act
By Committee on Judiciary.

This Act relates to permits for and the possession of weapons. The Act eliminates the requirement that an applicant for a weapons permit, or for an annual permit to acquire pistols or revolvers, provide a social security number on the application, but requires that an applicant provide either a driver's license or nonoperator's identification card number.

The Act also provides that a person who knowingly makes a false statement of material fact on an application for an annual permit to acquire a pistol or revolver commits a class "D" felony, which is punishable by confinement for not more than five years and a fine of at least $750, but not more than $7,500.

The Act repeals Code Section 724.24, which allowed a resident of Iowa to purchase rifles, shotguns, and other firearms accessories outside of Iowa in contiguous states that have similar laws. This Code section also allowed a licensed firearms dealer in Iowa to sell or deliver a rifle or shotgun, or a collector licensed in Iowa to sell or deliver a rifle or shotgun if it was a curio or relic, to a resident of an adjacent state under certain conditions. The purpose of this repeal is to comply with federal law.

The Act also adds the term "possession" as an element of the criminal offense of dominion and control, receipt or transportation of firearms and offensive weapons by felons, a class "D" felony.

HOUSE FILE 2495 - Sexual Abuse - Issuance of No-Contact Order Upon Defendant's Arrest Full Text of Act
By Committee on Judiciary.

This Act relates to the issuance of a no-contact order to protect a victim of first, second or third degree sexual abuse, the victim's immediate family members, and other persons who may reside with a victim of sexual abuse.

The Act provides that upon the arrest of a defendant accused of first, second or third degree sexual abuse, the court may issue a no-contact order to protect the victim, the victim's family, or persons residing with the victim.

The Act also provides that if a defendant is convicted of, receives a deferred judgment for, or pleads guilty to first, second or third degree sexual abuse, the court shall modify the no-contact order issued upon the defendant's arrest to provide that the no-contact order shall continue in effect for a period of five years from the date that the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.

The Act further provides that upon the filing of an affidavit by the victim which states that the defendant continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim's immediate family within 90 days prior to the expiration of the modified no-contact order, the court shall modify and extend the no-contact order for an additional period of five years, unless the court finds the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim's immediate family.

HOUSE FILE 2506 - Sex Offenders - Issuance of No-Contact Order Upon Defendant's Release From Confinement Full Text of Act
By Committee on Judiciary.

This Act relates to the issuance of a no-contact order against a defendant convicted of a sexual offense upon the defendant's release from jail or prison.

The Act provides that upon a filing of an affidavit by a victim or a parent or guardian on behalf of a minor who is a victim, which states that upon the defendant's release from jail or prison, the presence of or contact with the defendant continues to pose a threat to the safety of the victim or persons residing with the victim, or members of the victim's immediate family, the court shall enter a temporary no-contact order which shall require the defendant to have no contact with the victim, persons residing with the victim, or members of the victim's family.

The Act further allows the court to issue a no-contact order for up to one year from the date of the issuance of the order if the court, after a hearing, finds by a preponderance of the evidence that the defendant poses a threat to the safety of the victim, persons residing with the victim, or members of the victim's immediate family.

The Act applies to a victim of a crime of first, second or third degree sexual abuse, a victim of a crime of lascivious acts with a child, a victim of a crime of assault with intent to commit sexual abuse, a victim of a crime of indecent contact with a child, a victim of a crime of lascivious contact with a minor, a victim of a crime of sexual exploitation by a counselor or therapist, or a victim of a crime of sexual misconduct with offenders and juveniles.

The Act further provides that violation of a no-contact order constitutes contempt of court and may be punished by contempt proceedings.

HOUSE FILE 2507 - Possession and Distribution of Anthrax Full Text of Act
By Committee on Judiciary.

This Act creates a criminal offense for possession or distribution of bacillus anthracis, commonly referred to as anthrax.

The Act provides that a person shall not knowingly possess anthrax or a substance containing anthrax. The Act also provides that a person shall not knowingly distribute anthrax or any substance containing anthrax, which may or may not cause exposure to anthrax, to any other person.

The Act provides that a person who knowingly possesses anthrax or a substance containing anthrax commits a class "C" felony. The Act provides that a person who knowingly distributes anthrax commits a class "F" felony.

A person who possesses or distributes anthrax, or a substance containing anthrax, which is being used solely for a purpose that is lawfully authorized under federal law, is exempt from the criminal penalties in the Act.

HOUSE FILE 2546 - Assault - Intent Requirements Full Text of Act
By Committee on Judiciary.

This Act classifies the criminal offense of assault as a general intent crime.

Current case law classifies the criminal offense of assault as a specific intent crime. The Iowa Supreme Court in State v. Heard, 636 N.W.2d 227, recently distinguished the difference between a general criminal intent and a specific criminal intent crime. The Iowa Supreme Court concluded that the crime is a general intent crime when the crime consists of only the description of a particular act, without reference to intent to do a further act or achieve a further consequence.

The Iowa Supreme Court concluded that a crime is a specific intent crime when the definition of a crime refers to a defendant's intent to do some further act or achieve some additional consequence.

SENATE FILE 466 - Child Care and Child Care Providers - Obtaining Public Funding by Fraudulent Means
SEE HUMAN SERVICES.
   This Act provides that a child care provider who has been found, in an administrative or judicial proceeding, to have used fraudulent means to obtain public funding for child care is subject to administrative sanctions from the Department of Human Services.

SENATE FILE 2100 - Domestic Abuse - Intimate Relationships
SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.
   This Act expands the availability of civil protective orders in a domestic abuse situation to persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. Although the Act exempts intimate relationship domestic abuse from domestic abuse assault law, the Act permits a court to order a person who is convicted of intimate relationship domestic abuse to participate in a batterers' treatment program.

SENATE FILE 2118 - Human Cloning Prohibition
SEE HEALTH & SAFETY.
   This Act creates new Code Chapter 707B, the "Human Cloning Prohibition Act." The Act establishes criminal offenses and civil penalties for a person intentionally or knowingly doing any of the following: performing or attempting to perform human cloning; participating in performing or in an attempt to perform human cloning; transferring or receiving a cloned human embryo for any purpose; and transferring or receiving, in whole or in part, any oocyte, human embryo, fetus, or human somatic cell for the purpose of human cloning.

SENATE FILE 2124 - Public Defense, Emergency Management, and Iowa Technology Center
SEE STATE GOVERNMENT.
   This Act amends provisions of the State Military Code and Iowa Code of Military Justice, creates an Iowa National Guard Civil Relief Act, and provides for confidentiality of certain records relating to public assets and defense capabilities.

SENATE FILE 2268 - Regulation, Protection, and Disposition of Animals
SEE AGRICULTURE.
   This Act amends a number of Code chapters providing for the treatment and disposition of animals. The Act amends provisions in Code Chapter 351, providing for the regulation of stray dogs, and Code Chapter 717B, providing for offenses involving nonlivestock. The Act creates a new Code Chapter 717D, prohibiting contests in which certain animals are engaged in fighting sports. A person who violates Code Section 351.37 is guilty of a simple misdemeanor. A person who commits a violation of Code Chapter 717B is guilty of a range of criminal penalties from a serious misdemeanor to a class "D" felony. A person violating a provision in new Code Chapter 717D is guilty of a serious misdemeanor. In addition, a local authority may confiscate a contest animal that is trained with a contest device or is part of a contest event. The contest animal may be rescued and disposed of as neglected livestock or other animal, or it may be forfeited to the state.

SENATE FILE 2275 - Substantive Code Corrections
SEE 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. Changes made include eliminating a portion of the definition of the term "express advocacy" and a prohibition relating to the placement of political yard signs from the Campaign Finance chapter; changes in language relating to the investigations of the relationships between decedent victims and the perpetrators in domestic abuse death cases and in language relating to commencement of domestic abuse actions; eliminating a reference to a former requirement imposed on manufactured or mobile home retailers; clarifying the statutory prerequisites for in-state travel by unregistered out-of-state commercial motor vehicles; striking language from a provision that prohibits persons from allowing unauthorized minors to drive; updating the description of peace officer warning signals in the offense of eluding a law enforcement vehicle; clarifying language that describes the situations in which a person declared to be a habitual offender of the motor vehicle laws may be issued a temporary restricted permit; adding licensed substance abuse treatment providers to language describing authorized providers of drinking driver courses; changing the language relating to prohibitions against depositing a regulated substance in an underground storage tank under certain circumstances; adding a reference to juvenile proceedings in language describing the kinds of actions in which the State Public Defender may coordinate the legal representation of indigents; clarifying language relating to the appointment and removal of local public defenders and local public defender office staff; making technical changes in language describing the compensation of court-appointed attorneys in juvenile matters, court-appointed attorney fees, and the expenses of a public defender; adding language referring to the law enforcement initiative surcharge to language relating to priority of payment of criminal penalty surcharges from moneys deposited with the clerk of court; changing references to the prohibitions against child pornography within the definition of the term "criminal offense against a minor" in the Sex Offender Registry chapter; correcting language relating to the consequences for violations of certain Sex Offender Registry requirements by persons on probation, parole, or other form of release; clarifying an effective date reference in language relating to electronic access to Sex Offender Registry information; correcting a clerical error, retroactively to July 1, 2000, in language relating to misrepresentation of a business name by a supplier of a service or product in a local telephone directory or directory assistance database; clarifying language regarding persons who may be charged with neglect or abandonment of a dependent person or with child endangerment; and clarifying language regarding the procedures applicable to violations of parole or work release.

SENATE FILE 2278 - Jails and Local or Regional Confinement Facilities - Space and Needs Inventory
SEE LOCAL GOVERNMENT.
   This Act relates to an analysis of the confinement and detention needs of jails and other local or regional confinement facilities.

SENATE FILE 2286 - Sexually Violent Predators - Civil Commitment
SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.
   This Act makes numerous changes to the Sexually Violent Predator Act in Code Chapter 229A.

HOUSE FILE 2249 - Private Investigation, Private Security, and Lottery Licensing and Regulation
SEE STATE GOVERNMENT.
   This Act relates to criminal history checks of applicants for certain licenses and amends the Iowa lottery laws relating to background investigations for lottery employees and contract vendors and their employees, the content of marketing materials, and the imprint of a licensee's name and address on instant lottery tickets.

HOUSE FILE 2264 - Informed Consent Prior to Abortion - VETOED BY THE GOVERNOR
SEE HEALTH & SAFETY.
   This bill would have established a new Code Chapter 146A, the "Woman's Right to Know Act." The bill would have specified the required informed consent provisions prior to the performance of an abortion and would have established a criminal penalty of a simple misdemeanor for a person who knowingly or recklessly performs or attempts to perform an abortion in violation of the chapter. The bill would have prohibited the assessment of a criminal penalty against a woman upon whom an abortion is performed or attempted to be performed, and would have prohibited the assessment of a criminal penalty against a woman for failure to comply with certification requirements if the department had not made the printed materials available as required. The bill also would have provided for protection of confidentiality of a woman relative to court proceedings relating to an action under the chapter. The bill would have taken effect October 1, 2002.

HOUSE FILE 2409 - Election Misconduct
SEE ELECTIONS, ETHICS & CAMPAIGN FINANCE.
   This Act corrects internal inconsistencies in the Code relating to election misconduct and creates new Code Chapter 39A to contain the criminal provisions relating to violations of election laws and the penalties applicable to those violations.

HOUSE FILE 2447 - Watercraft Regulation - Operation and Safety
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act provides for the operation and regulation of personal watercraft and other motorboats and requires a watercraft safety course for certain operators. Violations relating to watercraft safety certification, safe watercraft operation, hours of operation, and harassment of animals are punishable by a scheduled fine of $25.

HOUSE FILE 2552 - Child Abuse Assessment Interviews
SEE CHILDREN & YOUTH.
   This Act relates to interviews conducted in association with a child abuse assessment of persons alleged to have committed child abuse.

HOUSE FILE 2565 - Residential Real Estate Installment Contracts - Disclosure Statements
SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.
   This Act requires certain sellers under a residential real estate installment sales contract to prepare and deliver to the contract purchaser a written contract disclosure statement and a copy of the installment sales contract. A contract seller who intentionally provides inaccurate information on a contract disclosure statement is guilty of a fraudulent practice.

HOUSE FILE 2582 - Federal Block Grant Appropriations
SEE APPROPRIATIONS.
   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2002, and ending September 30, 2003. 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.

HOUSE FILE 2615 - Healthy Iowans Tobacco Trust and Tobacco Settlement Trust Fund - Appropriations
SEE APPROPRIATIONS.
   This Act relates to and makes appropriations from the Healthy Iowans Tobacco Trust and includes funding for special programming at correctional facilities and community-based corrections.

HOUSE FILE 2616 - Protection of Wild Animals
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act increases the time limit for the legal possession of deer venison, without a special permit, from the date of taking until the following September 1. From September 1 until the first day of the next deer open season, a person may possess up to 25 pounds of deer venison if the deer was legally obtained.
   This Act also increases the minimum fine for illegally taking, possessing, injuring, or transporting game or fish from $10 to $20.

HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions
SEE APPROPRIATIONS.
   This Act relates to compensation and benefits for public officials and employees, county mental health allowed growth, regulatory and other related matters of the state, and makes and reduces appropriations. The Act also increases the penalty for manufacturing with intent to distribute certain controlled substances; eliminates a provision that allowed for the placing on probation of certain first-time offenders of controlled substance laws; and requires the Department of Corrections to maintain a correctional training program, which does not necessarily need to be located at the Mount Pleasant Correctional Facility.

HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.
   This Act addresses public funding provisions and related matters by making, transferring and reducing appropriations in order to balance the State General Fund budget for FY 2001-2002. The Act includes a transfer of victim compensation funding.

HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002 - 2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.
   This Act provides FY 2002-2003 appropriations from the General Fund of the State to the executive and judicial branches of state government, reduces or limits standing appropriations, and transfers appropriations. The Act is organized into divisions corresponding to the General Assembly's joint appropriations subcommittees and includes appropriations for the state's justice system and the judicial branch, as well as funding for substance abuse, juvenile justice, and child welfare programs.