CRIMINAL LAW, PROCEDURE AND CORRECTIONS

SENATE FILE 221 - Sexual Exploitation of a Minor
SENATE FILE 402 - Sexual Abuse and Assault - Evidence - Penalty for Assault
SENATE FILE 417 - Police Service Dog Purchase by Department of Corrections - Funding
SENATE FILE 422 - Crimes, Sentencing, and Procedure - Miscellaneous Revisions
HOUSE FILE 65 - Operating While Intoxicated Revisions
HOUSE FILE 170 - Identity Theft
HOUSE FILE 216 - Dissemination of Intelligence Data and Intelligence Assessments
HOUSE FILE 249 - Flunitrazepam - Penalty for Manufacture, Delivery, or Possession With Intent or Conspiracy to Manufacture or Deliver
HOUSE FILE 349 - Indigent Defense
HOUSE FILE 404 - Criminal Sentencing - No-Contact Orders
HOUSE FILE 455 - Burn Injury Reports by Treatment Providers
HOUSE FILE 504 - Fraudulent Use of Credit Cards and Payment Card Scanning Devices or Reencoders
HOUSE FILE 505 - Unauthorized Computer Access - Rural Water District or Municipal Utility Data
HOUSE FILE 551 - Inmates of Correctional Institutions - Fees - Transport for Medical or Dental Care

RELATED LEGISLATION

SENATE FILE 36 - Miscellaneous Supplemental and Other Appropriations

SEE APPROPRIATIONS. This Act makes supplemental appropriations for FY 2002-2003 and includes appropriations for correctional facilities and programs, indigent defense, and the Department of Public Safety.

SENATE FILE 97 - Transportation and Transportation-Related Regulation

SEE TRANSPORTATION. This Act provides that the Iowa Department of Transportation and law enforcement agencies may disclose certain factual information contained in motor vehicle accident reports unless disclosure would jeopardize an investigation or endanger an individual.

SENATE FILE 155 - Substantive Code Corrections

SEE STATE GOVERNMENT. This Act contains statutory corrections that include changes relating to military justice, clandestine laboratory sites, the conferring of peace officer status on state officers, bingo and card and parlor games, references to the Division of Criminal Investigation of the Department of Public Safety, possession of anthrax, the confinement of sexually violent predators, child abuse reporting and investigations, domestic abuse, operation of personal watercraft, the killing of animals, crime victim restitution, and the Interstate Compact for Adult Offender Supervision.

SENATE FILE 351 - Child Care - Miscellaneous Provisions

SEE CHILDREN & YOUTH. This Act revises child care requirements and includes a five-year prohibition against individuals who have been convicted of a controlled substance offense from having involvement with child care for a period of five years. A person who continues involvement with child care after being prohibited from doing so commits a simple misdemeanor.

SENATE FILE 352 - Certified Law Enforcement Officer Training - Applicants

SEE LOCAL GOVERNMENT. This Act relates to the training of an individual who intends to become certified as a law enforcement officer through a short course of study program.

SENATE FILE 353 - Child Protection Assistance Teams

SEE CHILDREN & YOUTH. This Act requires each county attorney to establish a child protection assistance team that may be consulted in certain child abuse cases involving a forcible felony.

SENATE FILE 397 - Deer Hunting

SEE NATURAL RESOURCES & OUTDOOR RECREATION. This Act relates to the issuance of additional antlerless deer hunting licenses to certain residents, landowners and tenants, or their family members, and nonresidents, and provides for the donation of some of the deer meat harvested for use by the Department of Corrections. A violation of the Act or a rule adopted pursuant to the Act is a simple misdemeanor punishable as a scheduled violation.

SENATE FILE 439 - Appropriations - Justice System

SEE APPROPRIATIONS. This Act includes appropriations for FY 2003-2004 to the departments of Justice, Corrections, Public Defense, and Public Safety, the Iowa Law Enforcement Academy, the Office of the State Public Defender, and the Board of Parole.

SENATE FILE 453 - State and Local Government Financial and Regulatory Matters - Miscellaneous Provisions

SEE APPROPRIATIONS. This Act addresses state and local government financial and regulatory matters. Legislators referred to this legislation as the "Government Reinvention Bill" during debate and discussion. The Act includes provisions requiring the Department of Human Services to redesign the child welfare and juvenile justice services system.

HOUSE FILE 85 - Tip-Up Fishing - Missouri and Big Sioux Rivers and Backwaters

SEE NATURAL RESOURCES & OUTDOOR RECREATION. This Act authorizes the use of tip-up fishing devices in the waters of the Missouri and Big Sioux Rivers in addition to the Mississippi River. A violator is guilty of a simple misdemeanor with a minimum fine of $20.

HOUSE FILE 343 - Motor Vehicle Traffic Regulation - Appearance Bond and Liability Coverage - Overtaking and Passing Vehicles

SEE TRANSPORTATION. This Act relates to the enforcement of motor vehicle law provisions.

HOUSE FILE 412 - Sport Fishing Licenses - Mussels and Shells

SEE NATURAL RESOURCES & OUTDOOR RECREATION. This Act changes the amount of mussels and shells that a person with a sport fishing license is entitled to take and possess on a daily basis. A violation of the Act is a simple misdemeanor punishable as a scheduled violation with a fine of $50.

HOUSE FILE 472 - 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, 2003, and ending September 30, 2004. 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 502 - Motor Vehicle Damage Disclosure Statements

SEE BUSINESS, BANKING & INSURANCE. This Act makes several amendments to damage disclosure requirements for transfer of a motor vehicle and adds a new requirement to disclose if a vehicle's airbag is missing or inoperative. The Act also provides that a person who fails to make a required damage disclosure statement commits a fraudulent practice.

HOUSE FILE 548 - Certified Law Enforcement Officers - Training - Tribal Government Police

SEE STATE GOVERNMENT. This Act relates to law enforcement training at the Iowa Law Enforcement Academy.

HOUSE FILE 549 - Education - Administration, Regulation, and Other Related Matters

SEE EDUCATION. This Act relates to the duties and operations of the Department of Education, school districts, area education agencies, and the State Board of Regents. The Act also creates a criminal offense of sexual exploitation by a school employee and provides a penalty.

HOUSE FILE 558 - Disclosure of Information to Subjects of Child or Dependent Adult Abuse Reports

SEE HUMAN SERVICES. This Act authorizes the Department of Human Services to disclose information to certain persons regarding the listing of an individual in the Child or Dependent Adult Abuse Registry or the Sex Offender Registry when the disclosure is necessary for the protection of a child or dependent adult.

HOUSE FILE 594 - Regulation of Electrical and Mechanical Amusement Devices

SEE GAMING. This Act provides for the registration of electrical or mechanical amusement devices that award a prize not based on the skill of the operator and of the manufacturers and distributors of those devices. The Act also lowers the criminal penalty for a person who commits an offense in violation of the Code section governing electrical or mechanical amusement devices from a class "D" felony to a serious misdemeanor. The Act takes effect May 23, 2003.

HOUSE FILE 650 - Criminal Offenses and Offenders - County and Municipal Fees and Jurisdiction

SEE LOCAL GOVERNMENT. This Act relates to the assessment of a correctional fee by a county or municipality and to prosecution of criminal offenses committed in a city located in two or more counties.

HOUSE FILE 665 - Taxation of State-Owned Property - Lease to Nonexempt Entity

SEE TAXATION. This Act relates to the taxation of land leased by the Department of Corrections to certain entities.

HOUSE FILE 683 - Miscellaneous Appropriations and Revisions, Sales and Use Tax Revisions, Criminal Code Revisions, and Other Changes

SEE APPROPRIATIONS. This Act relates to economic development, financial, and taxation matters, revises previously enacted appropriations, and includes additional capital and operating funding for development of correctional facilities at Luster Heights and conversion of the Clarinda Lodge and revises requirements for criminal offenders imprisoned in county jails and correctional facilities.

HOUSE FILE 685 - 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. The Act appropriates funds to the Department of Corrections for day programming, the Drug Court Program, and a value-based treatment program at the Newton Correctional Facility with the option of a portion of the value-based treatment program funds being used for a similar program at the Iowa Correctional Institution for Women at Mitchellville. The Act also appropriates funds from the Healthy Iowans Tobacco Trust to the Department of Corrections for operation and staffing of the special needs unit at the Fort Madison correctional facility.

HOUSE FILE 694 - Judicial Administration and Procedures

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act makes changes to the filing fees for parking violations, and for scheduled and nonscheduled simple misdemeanors.

CRIMINAL LAW, PROCEDURE AND CORRECTIONS

SENATE FILE 221 - Sexual Exploitation of a Minor (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act makes changes to the definition of the criminal offense of sexual exploitation of a minor by making it unlawful to solicit or attempt to cause a minor to engage in a prohibited sexual act or simulated prohibited sexual act.

The Act also strikes language from the criminal elements of the crime of sexual exploitation of a minor in response to a recent U.S. Supreme Court Opinion, Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002). The Act strikes language that prohibits the purchase, possession or promotion of material that portrays what appears to be a minor in a prohibited sexual act. The Supreme Court found the provision "what appears to be a minor" to be overbroad and in violation of the First Amendment of the U.S. Constitution and stated its own opinion that the First Amendment requires a more precise restriction.

SENATE FILE 402 - Sexual Abuse and Assault - Evidence - Penalty for Assault (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act provides that in a criminal prosecution in which a defendant has been charged with a sexual abuse-related offense, evidence of the commission of another sexual abuse-related offense by the defendant is admissible for its bearing on any matter which is relevant. However, the evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or is misleading. The evidence is also not admissible unless the state presents clear proof of the commission of the prior act of sexual abuse. The Act defines "sexual abuse" to mean any commission of or conviction for a crime defined in Code Chapter 709, Iowa's Sexual Abuse Law. The Act also defines "sexual abuse" to mean any commission of or conviction for a crime in another jurisdiction under a statute that is substantially similar to any crime defined in Code Chapter 709.

SENATE FILE 417 - Police Service Dog Purchase by Department of Corrections - Funding (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act provides that moneys from the contingent fund for disaster aid in Code Section 29C.20 may be used in the purchase of a Department of Corrections police service dog if a police service dog was injured or destroyed. The Act requires the department to utilize other sources of available funding before requesting moneys from the contingent fund for disaster aid.

SENATE FILE 422 - Crimes, Sentencing, and Procedure - Miscellaneous Revisions (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act relates to criminal sentencing and procedure by changing the penalties for certain offenses involving controlled substances, changing the parole and work release eligibility of a person serving a sentence that requires a maximum accumulation of earned time credits of 15 percent of the total term of confinement, permitting the reopening of such a sentence, and repealing determinant sentences.

The changes under the Act regarding controlled substances relate to the unlawful manufacture, delivery, or possession with the intent to manufacture or deliver, or conspiring to manufacture, deliver, or possess with the intent to manufacture or deliver cocaine-related substances. The Act aligns, using a 10 to 1 ratio, the threshold amount for a conviction of a cocaine related offense with a "crack cocaine" offense.

If a controlled substance offense under the Act involves more than 500 grams of cocaine, the person commits a class "B" felony, punishable by confinement for no more than 50 years and a fine of not more than $1 million. Under current law, if the amount of the cocaine is more than 5 kilograms, a person commits a class "B" felony, punishable by confinement for no more than 50 years.

If a controlled substance offense under the Act involves more than 100 grams but not more than 500 grams of cocaine, the person commits a class "B" felony, punishable by confinement for no more than 25 years and a fine of not less than $5,000 but not more than $100,000. Under current law, these penalties apply if the amount of cocaine involves more than 500 grams but not more than 5 kilograms of cocaine.

If a controlled substance offense under the Act involves more than 10 grams but not more than 50 grams of a substance containing cocaine base, the person commits a class "B" felony, punishable by confinement for no more than 25 years and a fine of not less than $5,000 but not more than $100,000. Under current law, these penalties apply if the amount of the substance containing cocaine base involves more than 5 grams but not more than 50 grams of cocaine base.

If a controlled substance offense under the Act involves 100 grams or less of cocaine, the person commits a class "C" felony, punishable by confinement for no more than 10 years and a fine of not less than $1,000 but not more than $50,000. Under current law, these penalties apply if the amount of the cocaine involves 500 grams or less.

If a controlled substance offense under the Act involves 10 grams or less of a substance containing cocaine base, the person commits a class "C" felony, punishable by confinement for no more than 10 years and a fine of not less than $1,000 but not more than $50,000. Under current law, these penalties apply if the amount of the substance containing cocaine base involves 5 grams or less.

The Act repeals portions of S.F. 543, enacted in 2001, relating to determinate sentences. Current law provides that a judge may sentence certain class "D" felons to a determinate term not to exceed five years. The repeal, in effect, makes all class "D" felonies subject to an indeterminate term as all other felonies.

The Act makes changes to a sentence that requires the maximum accumulation of earned time credits of 15 percent of the total sentence of confinement, most commonly referred to as an 85 percent sentence. The Act provides that a person who is serving an 85 percent sentence may be eligible for parole or work release after serving seven-tenths of the maximum term of confinement. However, the Act does not change the maximum amount of earned time that can be earned by a person serving an 85 percent sentence; thus if a person is not released on parole or work release, the person shall serve 85 percent of the sentence in confinement. This change to the 85 percent sentence applies only to a person serving a sentence after July 1, 2003. If a person is paroled after serving seven-tenths of the maximum term of confinement, all aspects of the person's parole are the same as parole for other offenders, except the person is required to begin parole or work release in a residential treatment facility, and if the person is serving a class "B" felony sentence, the person must remain at the facility for a period of not less than one and one-half years.

The Act also provides for the reopening of a judgment and sentence for a person serving an 85 percent sentence. The reopening of the 85 percent sentence applies only to a person serving the sentence prior to July 1, 2003. Under the Act, an 85 percent sentence may be reopened upon a motion filed by the county attorney. The Act provides that the victim shall be served a copy of the motion by certified mail. The Act requires the motion to specify that the victim has 30 days from the date of the motion to file a written objection to the motion. If no written objection is filed by the victim, then the court may grant the motion. If a written objection is filed, then the court shall hold a hearing to determine if reopening the sentence is appropriate. The Act provides that upon reopening, the court shall order that the person be eligible for parole or work release after serving seven-tenths of the 85 percent sentence, the same as persons serving an 85 percent sentence after July 1, 2003.

HOUSE FILE 65 - Operating While Intoxicated Revisions (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act relates to motor vehicle operating while intoxicated offenses. The Act reduces the blood alcohol concentration allowable limit while operating a motor vehicle from .10 to .08. The Act applies to criminal as well as administrative violations of the law.

The Act further places certain operating restrictions on a first-time violator of the operating while intoxicated law based upon the circumstances of the violation as follows:

• A defendant whose alcohol concentration is .08 or more but not more than .10 shall be eligible to apply for a temporary restricted license (work permit) immediately upon revocation if a test was obtained, and shall not be required to install an approved ignition interlock device.
• A defendant whose alcohol concentration is .08 or more but not more than .10 shall not be eligible to apply for a work permit for at least 30 days after the effective date of the revocation if a test was obtained and an accident resulting in personal injury or property damage occurred. In addition, such a defendant shall be required to install an approved ignition interlock device on all vehicles owned by the defendant.
• A defendant whose alcohol concentration is more than .10 but less than .15 shall be eligible to apply for a temporary restricted license immediately upon revocation if a test was obtained, and shall be ordered to install an approved ignition interlock device on all vehicles owned by the defendant.
• A defendant whose alcohol concentration is more than .10 who is involved in an accident in which property damage or personal injury occurred or whose alcohol concentration exceeded .15 shall not be eligible to apply for a temporary restricted license for at least 30 days after the effective date of the revocation if a test was obtained and shall be required to install an ignition interlock device on all vehicles owned by the defendant.

Senate File 458 (see Appropriations) amends H.F. 65 to specify that a defendant who is ordered to install an approved ignition interlock device must install such a device on all vehicles owned or operated by the defendant.

HOUSE FILE 170 - Identity Theft (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act relates to the criminal offense of identity theft. The Act eliminates the element that a person "fraudulently" obtain identification information of another person prior to using or attempting to use the information, but requires that a person fraudulently use or attempt to fraudulently use the identification information. The Act also expands the definition of "identity theft" to include an intent to obtain any benefit from the identity theft.

HOUSE FILE 216 - Dissemination of Intelligence Data and Intelligence Assessments (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act provides that intelligence data in the files of the Department of Public Safety may be disseminated to an agency, organization or person in order to protect a person or property from a threat of imminent harm. Code Section 692.1(13) defines "intelligence data" to mean information on identifiable individuals compiled in an effort to anticipate, prevent or monitor possible criminal activity.

The Act also provides that a peace officer, criminal or juvenile justice agency, or state or federal regulatory agency that receives intelligence data from the department may disseminate that intelligence data to an agency, organization or person in order to protect a person or property from a threat of imminent harm.

The Act provides that the type of intelligence data redisseminated to an agency, organization or person may be limited in order to protect intelligence methods and sources used to gather the data, and that the agency, organization or person receiving such data must abide by any provisions or administrative rules governing the release of intelligence data. An agency, organization or person receiving intelligence data because of a threat of imminent harm may only redisseminate the intelligence data if authorized by the agency or peace officer distributing the data.

The Act provides that an intelligence assessment may be disseminated to an agency or organization if necessary for carrying out the official duties of the agency or organization, or to a person in order to protect a person or property from a threat of imminent harm. The Act defines "intelligence assessment" to mean an analysis of information based in whole or in part upon intelligence data.

Under the Act, intelligence data is not a public record pursuant to Code Chapter 22.

The Act takes effect April 9, 2003.

HOUSE FILE 249 - Flunitrazepam - Penalty for Manufacture, Delivery, or Possession With Intent or Conspiracy to Manufacture or Deliver (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act relates to the manufacture, delivery, possession with the intent to manufacture or deliver, or conspiring to manufacture, deliver or possess with the intent to manufacture or deliver flunitrazepam, which is commonly referred to as the "date rape" drug. The Act increases the penalty of the criminal offenses related to flunitrazepam listed in the Act from an aggravated misdemeanor, punishable by up to two years' confinement and a fine of at least $500 but not more than $5,000, to a class "D" felony, punishable by up to five years' confinement and a fine of at least $750 but not more than $7,500.

HOUSE FILE 349 - Indigent Defense (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act makes any court order entered after the State Public Defender has taken action on an indigent defense claim, which affects that claim, void if the State Public Defender was not notified and permitted an opportunity to be heard prior to the order being entered. The Act does not require the State Public Defender to file a resistance to any motion filed on an indigent defense claim.

The Act provides that the State Public Defender may revise the allocations to the Office of the State Public Defender and the allocations for indigent defense if the State Public Defender first notifies certain agencies and the Joint Appropriations Subcommittee on the Justice System.

The Act provides that if a local public defender's office is unable to represent an indigent person due to a conflict of interest, the court may appoint another local public defender's office or a nonprofit organization that has a contract with the Office of the State Public Defender for indigent defense services.

The Act provides that costs incurred in contempt proceedings for nonpayment of support pursuant to Code Section 598.23A are payable from funds appropriated for indigent defense.

The Act provides that costs incurred in any administrative proceeding or in any other proceeding under Code Chapter 598 (Dissolution of Marriage and Domestic Relations), 600A (Termination of Parental Rights), 633 (Probate Code), or 915 (Victim Rights) or Code Section 815.5 (Expert Witnesses for State and Defense) are not payable from funds appropriated for indigent defense.

HOUSE FILE 404 - Criminal Sentencing - No-Contact Orders (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act authorizes a sentencing court to issue a no-contact order to protect victims of any public offense, their immediate family members, persons residing with the victim, and any witnesses to the offense if the court finds that the presence of or contact with the defendant poses a threat to the safety of the victim, persons residing with the victim, member of the victim's immediate family, or witnesses to the offense. The duration of the no-contact order may extend for a period of five years from the date the judgment is entered or the deferred judgment is granted, or up to the maximum term of confinement, whichever is greater. The court may order the no-contact order regardless of whether the defendant is placed on probation. A defendant who violates a no-contact order is subject to summary contempt proceedings.

HOUSE FILE 455 - Burn Injury Reports by Treatment Providers (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act requires licensed health related professionals to report certain burn injuries to a law enforcement agency.

The Act requires a licensed health related professional who treats a person suffering a suspicious burn, a burn to the upper respiratory tract, a laryngeal edema, or a burn injury likely to cause death to report the burn injury to a law enforcement agency if the burn injury appears related to the commission of a criminal offense. The Act also requires a licensed health related professional to report such a burn injury if the person seeks treatment for the injury but is not treated.

Under the Act, the report shall be made to a law enforcement agency within 12 hours of the person being treated or seeking treatment. The report shall be made to a law enforcement agency in the jurisdiction where the person received treatment or sought treatment, or if ascertainable, to the law enforcement agency where the burn injury occurred.

Any law or rule that prohibits a licensed health related professional from communicating information pursuant to this Act is suspended by the Act.

HOUSE FILE 504 - Fraudulent Use of Credit Cards and Payment Card Scanning Devices or Reencoders (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act relates to the criminal offense of fraudulent use of a credit card, scanning device, or reencoder.

The Act provides that the value of property or services fraudulently obtained or attempted to be obtained by use of a credit card is to be determined by any reasonable standard, including the market value within the community, or actual or replacement value. The Act also provides that if the property or services are fraudulently obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the acts are attributable to a single scheme, plan or conspiracy, the acts may be considered as a single act and the value may be the total value of all property or services involved. The Act provides that if the value of the property or services obtained or attempted to be obtained is greater than $10,000, the person commits a class "C" felony. If the value of the property or services is greater than $1,000 but not more than $10,000, the offense is a class "D" felony; otherwise, the offense is an aggravated misdemeanor.

The Act provides that a person who illegally uses a scanning device or reencoder commits a class "D" felony for a first offense and a class "C" felony for a second or subsequent offense. A scanning device is defined under the Act to mean a scanner, reader, or other electronic device that is used to access or read information encoded on a magnetic strip. A reencoder means an electronic device that places encoded information from a magnetic strip of a payment card onto the magnetic strip of a different payment card.

HOUSE FILE 505 - Unauthorized Computer Access - Rural Water District or Municipal Utility Data (full text of bill)
BY COMMITTEE ON JUDICIARY. This Act designates the offense of unauthorized access to the computerized operational or support data of rural water districts and municipal utilities as an aggravated misdemeanor, punishable by not more than two years' confinement and a $5,000 fine.

HOUSE FILE 551 - Inmates of Correctional Institutions - Fees - Transport for Medical or Dental Care (full text of bill)
BY COMMITTEE ON PUBLIC SAFETY. This Act provides that when the Department of Corrections transports an inmate for medical or dental care, the department may charge the inmate a transportation fee not to exceed $5 per visit, which shall be credited as reimbursement to the correctional institution that provided the transportation.