Senate File 2382 H-8461 Amend the amendment, H-8273, to Senate File 2382, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 1, after line 2 by inserting: 3 < ___. Page 2, by striking lines 5 through 7 and inserting: 4 < 2. The criminal records for the following offenses shall 5 not be expunged: >> 6 2. Page 1, line 3, by striking < 5, line 20 > and inserting 7 < 10, line 23 > 8 3. Page 1, by striking lines 6 and 7 and inserting: 9 < ___. By striking page 15, line 18, through page 20, line 10 4. > 11 4. Page 1, after line 12 by inserting: 12 < ___. Page 26, after line 14 by inserting: 13 < DIVISION ___ 14 JUROR SERVICE 15 Sec. ___. Section 607A.5, Code 2018, is amended to read as 16 follows: 17 607A.5 Automatic excuse from jury service. 18 1. A person shall be excused from jury service if the 19 person submits written documentation verifying, to the court’s 20 satisfaction, that the person is solely responsible for the 21 daily care of a person with a permanent disability living 22 in the person’s household and that the performance of juror 23 service would cause substantial risk of injury to the health of 24 the person with a disability, or that the person is the mother 25 of a breastfed child and is responsible for the daily care of 26 the child. However, if the person is regularly employed at a 27 location other than the person’s household, the person shall 28 not be excused under this section subsection . 29 2. A person shall be excused from jury service if the person 30 is at least seventy-two years of age and notifies the court 31 that the person is at least seventy-two years of age and wishes 32 to be exempted from jury service. 33 DIVISION ___ 34 EARNED TIME 35 -1- H8273.5502 (2) 87 jm/rh 1/ 5 #1. #2. #3. #4.
Sec. ___. Section 903A.2, subsection 1, paragraph a, 1 subparagraph (2), Code 2018, is amended to read as follows: 2 (2) However, an inmate required to participate in a sex 3 offender treatment program shall not be eligible for a any 4 reduction of sentence unless until the inmate participates in 5 and completes a sex offender treatment program established by 6 the director. 7 Sec. ___. Section 903A.2, subsection 1, paragraph b, 8 subparagraph (2), Code 2018, is amended to read as follows: 9 (2) An inmate required to participate in a domestic abuse 10 treatment program shall not be eligible for a any reduction of 11 sentence unless until the inmate participates in and completes 12 a domestic abuse treatment program established by the director. 13 Sec. ___. Section 903A.3, subsection 1, Code 2018, is 14 amended to read as follows: 15 1. Upon finding that an inmate has violated an institutional 16 rule, has failed to complete a sex offender or domestic abuse 17 treatment program as specified in section 903A.2, or has 18 had an action or appeal dismissed under section 610A.2 , the 19 independent administrative law judge may order forfeiture of 20 any or all earned time accrued and not forfeited up to the 21 date of the violation by the inmate and may order forfeiture 22 of any or all earned time accrued and not forfeited up to 23 the date the action or appeal is dismissed, unless the court 24 entered such an order under section 610A.3 . The independent 25 administrative law judge has discretion within the guidelines 26 established pursuant to section 903A.4 , to determine the amount 27 of time that should be forfeited based upon the severity of the 28 violation. Prior violations by the inmate may be considered by 29 the administrative law judge in the decision. 30 DIVISION ___ 31 HUMAN TRAFFICKING 32 Sec. ___. Section 710A.2, Code 2018, is amended to read as 33 follows: 34 710A.2 Human trafficking. 35 -2- H8273.5502 (2) 87 jm/rh 2/ 5
1. A person who knowingly engages in human trafficking is 1 guilty of a class “D” felony, except that if the victim is 2 under the age of eighteen, the person is guilty of a class “C” 3 “B” felony. 4 2. A person who knowingly engages in human trafficking by 5 causing or threatening to cause serious physical injury to 6 another person is guilty of a class “C” felony, except that if 7 the victim is under the age of eighteen, the person is guilty 8 of a class “B” felony. 9 3. A person who knowingly engages in human trafficking by 10 physically restraining or threatening to physically restrain 11 another person is guilty of a class “D” felony, except that if 12 the victim is under the age of eighteen, the person is guilty 13 of a class “C” “B” felony. 14 4. A person who knowingly engages in human trafficking by 15 soliciting services or benefiting from the services of a victim 16 is guilty of a class “D” felony, except that if the victim is 17 under the age of eighteen, the person is guilty of a class “C” 18 “B” felony. 19 5. A person who knowingly engages in human trafficking by 20 abusing or threatening to abuse the law or legal process is 21 guilty of a class “D” felony, except that if the victim is 22 under the age of eighteen, the person is guilty of a class “C” 23 “B” felony. 24 6. A person who knowingly engages in human trafficking 25 by knowingly destroying, concealing, removing, confiscating, 26 or possessing any actual or purported passport or other 27 immigration document, or any other actual or purported 28 government identification document of a victim is guilty of a 29 class “D” felony, except that if that other person is under 30 the age of eighteen, the person is guilty of a class “C” “B” 31 felony. 32 7. A person who benefits financially or by receiving 33 anything of value from knowing participation in human 34 trafficking is guilty of a class “D” felony, except that if the 35 -3- H8273.5502 (2) 87 jm/rh 3/ 5
victim is under the age of eighteen, the person is guilty of a 1 class “C” “B” felony. 2 8. A person’s ignorance of the age of the victim or a belief 3 that the victim was older is not a defense to a violation of 4 this section . 5 DIVISION ___ 6 EMPLOYEE’S CRIMINAL HISTORY —— ADMISSIBILITY 7 Sec. ___. NEW SECTION . 671A.1 Limitation on admissibility 8 of evidence of an employee’s criminal history. 9 1. Information regarding the criminal history of an 10 employee or former employee shall not be introduced as evidence 11 in a civil action against an employer or its employees or 12 agents that is based on the conduct of the employee or former 13 employee in any of the following circumstances: 14 a. The nature of the criminal history does not bear a direct 15 relationship to the facts underlying the cause of action. 16 b. Before the occurrence of the act giving rise to the civil 17 action, a court ordered the record of any criminal case sealed 18 or the president of the United States or the chief executive of 19 a state pardoned the employee or former employee. 20 c. The record is of an arrest or charge that did not result 21 in a criminal conviction. 22 d. A court granted the employee or former employee a 23 deferred judgment at sentencing and a court did not revoke the 24 deferred judgment. 25 2. This section does not alter any statutory provision 26 allowing an employer to conduct a criminal history background 27 investigation or consider criminal history records in the 28 employment process for particular types of employment. 29 3. This section does not create a duty for employers not 30 otherwise so required by law to conduct criminal history 31 background checks. 32 ___. Title page, line 2, after < related > by inserting 33 < criminal history admissibility, and >> 34 5. By renumbering, redesignating, and correcting internal 35 -4- H8273.5502 (2) 87 jm/rh 4/ 5
references as necessary. 1 ______________________________ BALTIMORE of Boone -5- H8273.5502 (2) 87 jm/rh 5/ 5