Senate File 567 H-1115 Amend Senate File 567, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, by striking lines 3 through 9 and inserting: 3 < NEW PARAGRAPH . e. Grant an exception for a person 4 who would otherwise be denied a license due to a criminal 5 conviction under specified circumstances. When considering 6 such an exception, the board shall consider the following: the 7 nature and seriousness of any offense of which the person was 8 convicted, all circumstances relative to the offense, including 9 mitigating circumstances or social conditions surrounding the 10 commission of the offense, the age of the person at the time 11 the offense was committed, the length of time that has elapsed 12 since the offense was committed, letters of reference, and all 13 other relevant evidence of rehabilitation and present fitness 14 presented. A person holding a license prior to July 1, 2019, 15 shall not be required to obtain an exception to maintain a 16 license. > 17 2. Page 1, by striking lines 12 through 15 and inserting: 18 < NEW SUBSECTION . 3. Conviction of a crime in Iowa that is 19 sexual abuse in violation of 709.4, a sexually violent offense 20 as defined in section 229A.2, the offense of dependent adult 21 abuse in violation of section 235B.20, a forcible felony as 22 defined in section 702.11, or the offense of domestic abuse 23 assault in violation of section 708.2A, shall be grounds for 24 denial, revocation, or suspension of a license. Conviction for 25 any other felony shall not be grounds for denial, revocation, 26 or suspension. A conviction of a crime in violation of 27 federal law or in violation of the law of another state shall 28 be given the same effect as it would if such conviction had 29 been under Iowa law. If federal law or the laws of another 30 state do not provide for offenses or violations denominated 31 or described in precisely the same words as Iowa law, the 32 department shall determine whether those offenses or violations 33 are substantially similar in nature to Iowa law and apply those 34 offenses or violations accordingly. > 35 -1- SF567.1385 (3) 88 ss/rn 1/ 5 #1. #2.
3. Page 1, by striking lines 18 through 21 and inserting: 1 < NEW SUBSECTION . 6. Conviction of a crime in Iowa that is 2 sexual abuse in violation of section 709.4, a sexually violent 3 offense as defined in section 229A.2, the offense of dependent 4 adult abuse in violation of section 235B.20, a forcible felony 5 as defined in section 702.11, or the offense of domestic abuse 6 assault in violation of section 708.2A, shall be grounds for 7 denial, revocation, or suspension of a license. Conviction for 8 any other felony shall not be grounds for denial, revocation, 9 or suspension. A conviction of a crime in violation of 10 federal law or in violation of the law of another state shall 11 be given the same effect as it would if such conviction had 12 been under Iowa law. If federal law or the laws of another 13 state do not provide for offenses or violations denominated 14 or described in precisely the same words as Iowa law, the 15 department shall determine whether those offenses or violations 16 are substantially similar in nature to Iowa law and apply those 17 offenses or violations accordingly. > 18 4. Page 1, by striking lines 24 through 27 and inserting: 19 < NEW SUBSECTION . 6. Conviction of a crime in Iowa that is 20 sexual abuse in violation of section 709.4, a sexually violent 21 offense as defined in section 229A.2, the offense of dependent 22 adult abuse in violation of section 235B.20, a forcible felony 23 as defined in section 702.11, or the offense of domestic abuse 24 assault in violation of section 708.2A, shall be grounds for 25 denial, revocation, or suspension of a license. Conviction for 26 any other felony shall not be grounds for denial, revocation, 27 or suspension. A conviction of a crime in violation of 28 federal law or in violation of the law of another state shall 29 be given the same effect as it would if such conviction had 30 been under Iowa law. If federal law or the laws of another 31 state do not provide for offenses or violations denominated 32 or described in precisely the same words as Iowa law, the 33 department shall determine whether those offenses or violations 34 are substantially similar in nature to Iowa law and apply those 35 -2- SF567.1385 (3) 88 ss/rn 2/ 5 #3. #4.
offenses or violations accordingly. > 1 5. Page 1, by striking lines 30 through 33 and inserting: 2 < NEW SUBSECTION . 4. Conviction of a crime in Iowa that is 3 sexual abuse in violation of section 709.4, a sexually violent 4 offense as defined in section 229A.2, the offense of dependent 5 adult abuse in violation of section 235B.20, a forcible felony 6 as defined in 702.11, or the offense of domestic abuse assault 7 in violation of section 708.2A, shall be grounds for denial, 8 revocation, or suspension of a license. Conviction for any 9 other felony shall not be grounds for denial, revocation, or 10 suspension. A conviction of a crime in violation of federal 11 law or in violation of the law of another state shall be given 12 the same effect as it would if such conviction had been under 13 Iowa law. If federal law or the laws of another state do not 14 provide for offenses or violations denominated or described 15 in precisely the same words as Iowa law, the department 16 shall determine whether those offenses or violations are 17 substantially similar in nature to Iowa law and apply those 18 offenses or violations accordingly. > 19 6. Page 2, by striking lines 1 through 4 and inserting: 20 < NEW SUBSECTION . 4. Conviction of a crime in Iowa that is 21 sexual abuse in violation of section 709.4, a sexually violent 22 offense as defined in section 229A.2, the offense of dependent 23 adult abuse in violation of section 235B.20, a forcible felony 24 as defined in section 702.11, or the offense of domestic abuse 25 assault in violation of section 708.2A, shall be grounds for 26 denial, revocation, or suspension of a license. Conviction for 27 any other felony shall not be grounds for denial, revocation, 28 or suspension. A conviction of a crime in violation of 29 federal law or in violation of the law of another state shall 30 be given the same effect as it would if such conviction had 31 been under Iowa law. If federal law or the laws of another 32 state do not provide for offenses or violations denominated 33 or described in precisely the same words as Iowa law, the 34 department shall determine whether those offenses or violations 35 -3- SF567.1385 (3) 88 ss/rn 3/ 5 #5. #6.
are substantially similar in nature to Iowa law and apply those 1 offenses or violations accordingly. > 2 7. Page 2, by striking lines 7 through 10 and inserting: 3 < NEW SUBSECTION . 7. Conviction of a crime in Iowa that is 4 sexual abuse in violation of section 709.4, a sexually violent 5 offense as defined in section 229A.2, the offense of dependent 6 adult abuse in violation of section 235B.20, a forcible felony 7 as defined in section 702.11, or the offense of domestic abuse 8 assault in violation of section 708.2A, shall be grounds for 9 denial, revocation, or suspension of a license. Conviction for 10 any other felony shall not be grounds for denial, revocation, 11 or suspension. A conviction of a crime in violation of 12 federal law or in violation of the law of another state shall 13 be given the same effect as it would if such conviction had 14 been under Iowa law. If federal law or the laws of another 15 state do not provide for offenses or violations denominated 16 or described in precisely the same words as Iowa law, the 17 department shall determine whether those offenses or violations 18 are substantially similar in nature to Iowa law and apply those 19 offenses or violations accordingly. > 20 8. Page 2, by striking lines 15 through 22 and inserting: 21 < NEW SUBSECTION . 5. The board may grant an exception 22 for a person who would otherwise be denied a license due to 23 a criminal conviction under specified circumstances. When 24 considering such an exception, the board shall consider the 25 following: the nature and seriousness of any offense of 26 which the person was convicted, all circumstances relative 27 to the offense, including mitigating circumstances or social 28 conditions surrounding the commission of the offense, the age 29 of the person at the time the offense was committed, the length 30 of time that has elapsed since the offense was committed, 31 letters of reference, and all other relevant evidence of 32 rehabilitation and present fitness presented. A person holding 33 a license prior to July 1, 2019, shall not be required to 34 obtain an exception to maintain a license. > 35 -4- SF567.1385 (3) 88 ss/rn 4/ 5 #7. #8.
9. By striking page 2, line 31, through page 3, line 6, and 1 inserting: 2 < Sec. ___. Section 105.22, subsection 4, Code 2019, is 3 amended by striking the subsection and inserting in lieu 4 thereof the following: 5 4. Conviction of a crime in Iowa that is sexual abuse in 6 violation of section 709.4, a sexually violent offense as 7 defined in section 229A.2, the offense of dependent adult abuse 8 in violation of section 235B.20, a forcible felony as defined 9 in section 702.11, or the offense of domestic abuse assault 10 in violation of section 708.2A, shall be grounds for denial, 11 revocation, or suspension of a license. Conviction for any 12 other felony shall not be grounds for denial, revocation, or 13 suspension. A conviction of a crime in violation of federal 14 law or in violation of the law of another state shall be given 15 the same effect as it would if such conviction had been under 16 Iowa law. If federal law or the laws of another state do not 17 provide for offenses or violations denominated or described 18 in precisely the same words as Iowa law, the department 19 shall determine whether those offenses or violations are 20 substantially similar in nature to Iowa law and apply those 21 offenses or violations accordingly. A copy of the record of 22 conviction or plea of guilty shall be conclusive evidence of 23 such conviction. > 24 10. Title page, line 3, by striking < felonies > and inserting 25 < crimes > 26 ______________________________ COMMITTEE ON STATE GOVERNMENT KAUFMANN of Cedar, Chairperson -5- SF567.1385 (3) 88 ss/rn 5/ 5 #9. #10.