House File 729 H-1264 Amend House File 729 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 EXPUNGEMENTS 5 Section 1. Section 123.46, subsection 6, Code 2019, is 6 amended to read as follows: 7 6. Upon the expiration of two years following conviction 8 for a violation of this section and a violation or of a 9 similar local ordinance that arose from the same transaction 10 or occurrence , a person may petition the court to expunge the 11 conviction including the conviction for a violation of a local 12 ordinance that arose from the same transaction or occurrence , 13 and if the person has had no other criminal convictions, other 14 than local traffic violations or simple misdemeanor violations 15 of chapter 321 during the two-year period, the conviction and 16 the conviction for a violation of a local ordinance that arose 17 from the same transaction or occurrence shall be expunged as 18 a matter of law. The court shall enter an order that the 19 record of the conviction and the conviction for a violation 20 of a local ordinance that arose from the same transaction or 21 occurrence be expunged by the clerk of the district court. 22 Notwithstanding section 692.2 , after receipt of notice from the 23 clerk of the district court that a record of conviction and 24 the conviction for a violation of a local ordinance that arose 25 from the same transaction or occurrence has been expunged, 26 the record of conviction and the conviction for a violation 27 of a local ordinance that arose from the same transaction or 28 occurrence shall be removed from the criminal history data 29 files maintained by the department of public safety if such a 30 record was maintained in the criminal history data files. 31 Sec. 2. NEW SECTION . 901C.3 Misdemeanor —— expungement. 32 1. Upon application of a defendant convicted of a 33 misdemeanor offense in the county where the conviction 34 occurred, the court shall enter an order expunging the record 35 -1- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 1/ 17 #1.
of such a criminal case, as a matter of law, if the defendant 1 has proven all of the following: 2 a. More than eight years have passed since the date of the 3 conviction. 4 b. The defendant has no pending criminal charges. 5 c. The defendant has not previously been granted two 6 deferred judgments. 7 d. The defendant has paid all court costs, fees, fines, 8 restitution, and any other financial obligations ordered by the 9 court or assessed by the clerk of the district court. 10 2. The following misdemeanors shall not be expunged: 11 a. A conviction under section 123.46. 12 b. A simple misdemeanor conviction under section 123.47, 13 subsection 3, or similar local ordinance. 14 c. A conviction for dependent adult abuse under section 15 235B.20. 16 d. A conviction under section 321.218, 321A.32, or 321J.21. 17 e. A conviction under section 321J.2. 18 f. A conviction for a sex offense as defined in section 19 692A.101. 20 g. A conviction for involuntary manslaughter under section 21 707.5. 22 h. A conviction for assault under section 708.2, subsection 23 3. 24 i. A conviction under section 708.2A. 25 j. A conviction for harassment under section 708.7. 26 k. A conviction for stalking under section 708.11. 27 l. A conviction for removal of an officer’s communication or 28 control device under section 708.12. 29 m. A conviction for trespass under section 716.8, subsection 30 3 or 4. 31 n. A conviction under chapter 717C. 32 o. A conviction under chapter 719. 33 p. A conviction under chapter 720. 34 q. A conviction under section 721.2. 35 -2- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 2/ 17
r. A conviction under section 721.10. 1 s. A conviction under section 723.1. 2 t. A conviction under chapter 724. 3 u. A conviction under chapter 726. 4 v. A conviction under chapter 728. 5 w. A conviction under chapter 901A. 6 x. A conviction for a comparable offense listed in 49 C.F.R. 7 §383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4). 8 y. A conviction under prior law of an offense comparable to 9 an offense enumerated in this subsection. 10 3. A person shall be granted an expungement of a record 11 under this section one time in the person’s lifetime. 12 However, the one application may request the expungement of 13 records relating to more than one misdemeanor offense if 14 the misdemeanor offenses arose from the same transaction or 15 occurrence, and the application contains the misdemeanor 16 offenses to be expunged. 17 4. The expunged record under this section is a confidential 18 record exempt from public access under section 22.7 but shall 19 be made available by the clerk of the district court upon court 20 order. 21 5. Notwithstanding section 692.2, after receipt of 22 notice from the clerk of the district court that a record of 23 conviction has been expunged under subsection 1, the record 24 of conviction shall be removed from the criminal history data 25 files maintained by the department of public safety if such a 26 record was maintained in the criminal history data files. 27 6. The supreme court may prescribe rules governing the 28 procedures applicable to the expungement of a criminal case 29 under this section. 30 7. This section applies to a misdemeanor conviction that 31 occurred prior to, on, or after July 1, 2019. 32 DIVISION II 33 ROBBERY —— AGGRAVATED THEFT 34 Sec. 3. Section 711.3, Code 2019, is amended to read as 35 -3- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 3/ 17
follows: 1 711.3 Robbery in the second degree. 2 All robbery which is not robbery in the first degree is 3 robbery in the second degree , except as provided in section 4 711.3A . Robbery in the second degree is a class “C” felony. 5 Sec. 4. NEW SECTION . 711.3B Aggravated theft. 6 1. A person commits aggravated theft when the person commits 7 an assault as defined in section 708.1, subsection 2, paragraph 8 “a” , that is punishable as a simple misdemeanor under section 9 708.2, subsection 6, after the person has removed or attempted 10 to remove property not exceeding three hundred dollars in 11 value which has not been purchased from a store or mercantile 12 establishment, or has concealed such property of the store or 13 mercantile establishment, either on the premises or outside the 14 premises of the store or mercantile establishment. 15 2. a. A person who commits aggravated theft is guilty of an 16 aggravated misdemeanor. 17 b. A person who commits aggravated theft, and who has 18 previously been convicted of an aggravated theft, robbery in 19 the first degree in violation of section 711.2, robbery in the 20 second degree in violation of section 711.3, or extortion in 21 violation of section 711.4, is guilty of a class “D” felony. 22 3. In determining if a violation is a class “D” felony 23 offense the following shall apply: 24 a. A deferred judgment entered pursuant to section 907.3 for 25 a violation of any offense specified in subsection 2 shall be 26 counted as a previous offense. 27 b. A conviction or the equivalent of a deferred judgment for 28 a violation in any other states under statutes substantially 29 corresponding to an offense specified in subsection 2 shall be 30 counted as a previous offense. The courts shall judicially 31 notice the statutes of other states which define offenses 32 substantially equivalent to the offenses specified in this 33 section and can therefore be considered corresponding statutes. 34 4. Aggravated theft is not an included offense of robbery 35 -4- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 4/ 17
in the first or second degree. 1 Sec. 5. Section 808.12, subsections 1 and 3, Code 2019, are 2 amended to read as follows: 3 1. Persons concealing property as set forth in section 4 714.3A 711.3B or 714.5 , may be detained and searched by a peace 5 officer, person employed in a facility containing library 6 materials, merchant, or merchant’s employee, provided that 7 the detention is for a reasonable length of time and that the 8 search is conducted in a reasonable manner by a person of the 9 same sex and according to subsection 2 of this section . 10 3. The detention or search under this section by a peace 11 officer, person employed in a facility containing library 12 materials, merchant, or merchant’s employee does not render the 13 person liable, in a criminal or civil action, for false arrest 14 or false imprisonment provided the person conducting the search 15 or detention had reasonable grounds to believe the person 16 detained or searched had concealed or was attempting to conceal 17 property as set forth in section 714.3A 711.3B or 714.5 . 18 Sec. 6. Section 901.11, Code 2019, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 2A. At the time of sentencing, the court 21 shall determine when a person convicted of robbery in the first 22 degree as described in section 902.12, subsection 2A, shall 23 first become eligible for parole or work release within the 24 parameters specified in section 902.12, subsection 2A, based 25 upon all pertinent information including the person’s criminal 26 record, a validated risk assessment, and the negative impact 27 the offense has had on the victim or other persons. 28 Sec. 7. Section 902.12, subsection 1, paragraph e, Code 29 2019, is amended to read as follows: 30 e. Robbery in the first or second degree in violation of 31 section 711.2 or 711.3 , except as determined in subsection 3 . 32 Sec. 8. Section 902.12, Code 2019, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 2A. A person serving a sentence for a 35 -5- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 5/ 17
conviction for robbery in the first degree in violation of 1 section 711.2 for a conviction that occurs on or after July 1, 2 2018, shall be denied parole or work release until the person 3 has served between one-half and seven-tenths of the maximum 4 term of the person’s sentence as determined under section 5 901.11, subsection 2A. 6 Sec. 9. REPEAL. Sections 711.3A, 711.5, and 714.3A, Code 7 2019, are repealed. 8 DIVISION III 9 PROPERTY CRIMES —— VALUE 10 Sec. 10. Section 712.3, Code 2019, is amended to read as 11 follows: 12 712.3 Arson in the second degree. 13 Arson which is not arson in the first degree is arson in the 14 second degree when the property which is the subject of the 15 arson is a building or a structure, or real property of any 16 kind, or standing crops, or is personal property the value of 17 which exceeds five seven hundred fifty dollars. Arson in the 18 second degree is a class “C” felony. 19 Sec. 11. Section 714.2, Code 2019, is amended to read as 20 follows: 21 714.2 Degrees of theft. 22 1. The theft of property exceeding ten thousand dollars in 23 value, or the theft of property from the person of another, or 24 from a building which has been destroyed or left unoccupied 25 because of physical disaster, riot, bombing, or the proximity 26 of battle, or the theft of property which has been removed from 27 a building because of a physical disaster, riot, bombing, or 28 the proximity of battle, is theft in the first degree. Theft 29 in the first degree is a class “C” felony. 30 2. The theft of property exceeding one thousand five 31 hundred dollars but not exceeding ten thousand dollars in value 32 or theft of a motor vehicle as defined in chapter 321 not 33 exceeding ten thousand dollars in value, is theft in the second 34 degree. Theft in the second degree is a class “D” felony. 35 -6- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 6/ 17
However, for purposes of this subsection , “motor vehicle” does 1 not include a motorized bicycle as defined in section 321.1, 2 subsection 40 , paragraph “b” . 3 3. The theft of property exceeding five seven hundred fifty 4 dollars but not exceeding one thousand five hundred dollars in 5 value, or the theft of any property not exceeding five hundred 6 dollars in value by one who has before been twice convicted of 7 theft, is theft in the third degree. Theft in the third degree 8 is an aggravated misdemeanor. 9 4. The theft of property exceeding two three hundred dollars 10 in value but not exceeding five seven hundred fifty dollars 11 in value is theft in the fourth degree. Theft in the fourth 12 degree is a serious misdemeanor. 13 5. The theft of property not exceeding two three hundred 14 dollars in value is theft in the fifth degree. Theft in the 15 fifth degree is a simple misdemeanor. 16 Sec. 12. Section 714.7B, subsection 6, paragraphs a and b, 17 Code 2019, are amended to read as follows: 18 a. A simple misdemeanor if the value of the goods, wares, or 19 merchandise does not exceed two three hundred dollars. 20 b. A serious misdemeanor if the value of the goods, wares, 21 or merchandise exceeds two three hundred dollars. 22 Sec. 13. Section 714.10, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. Fraudulent practice in the second degree is the 25 following: 26 a. A fraudulent practice where the amount of money or value 27 of property or services involved exceeds one thousand five 28 hundred dollars but does not exceed ten thousand dollars. 29 b. A fraudulent practice where the amount of money or 30 value of property or services involved does not exceed one 31 thousand five hundred dollars by one who has been convicted of 32 a fraudulent practice twice before. 33 Sec. 14. Section 714.11, subsection 1, paragraph a, Code 34 2019, is amended to read as follows: 35 -7- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 7/ 17
a. A fraudulent practice where the amount of money or value 1 of property or services involved exceeds five seven hundred 2 fifty dollars but does not exceed one thousand five hundred 3 dollars. 4 Sec. 15. Section 714.12, Code 2019, is amended to read as 5 follows: 6 714.12 Fraudulent practice in the fourth degree. 7 1. Fraudulent practice in the fourth degree is a fraudulent 8 practice where the amount of money or value of property or 9 services involved exceeds two three hundred dollars but does 10 not exceed five seven hundred fifty dollars. 11 2. Fraudulent practice in the fourth degree is a serious 12 misdemeanor. 13 Sec. 16. Section 714.13, Code 2019, is amended to read as 14 follows: 15 714.13 Fraudulent practice in the fifth degree. 16 1. Fraudulent practice in the fifth degree is a fraudulent 17 practice where the amount of money or value of property or 18 services involved does not exceed two three hundred dollars. 19 2. Fraudulent practice in the fifth degree is a simple 20 misdemeanor. 21 Sec. 17. Section 715A.6, subsection 2, paragraphs b and c, 22 Code 2019, are amended to read as follows: 23 b. If the value of the property or services secured or 24 sought to be secured by means of the credit card is greater 25 than one thousand five hundred dollars but not more than ten 26 thousand dollars, an offense under this section is a class “D” 27 felony. 28 c. If the value of the property or services secured 29 or sought to be secured by means of the credit card is one 30 thousand five hundred dollars or less, an offense under this 31 section is an aggravated misdemeanor. 32 Sec. 18. Section 715A.8, subsection 3, paragraphs b and c, 33 Code 2019, are amended to read as follows: 34 b. If the value of the credit, property, services, or other 35 -8- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 8/ 17
benefit exceeds one thousand five hundred dollars but does not 1 exceed ten thousand dollars, the person commits a class “D” 2 felony. 3 c. If the value of the credit, property, services, or other 4 benefit does not exceed one thousand five hundred dollars, the 5 person commits an aggravated misdemeanor. 6 Sec. 19. Section 716.4, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. Criminal mischief is criminal mischief in the second 9 degree if the cost of replacing, repairing, or restoring the 10 property that is damaged, defaced, altered, or destroyed 11 exceeds one thousand five hundred dollars but does not exceed 12 ten thousand dollars. 13 Sec. 20. Section 716.5, subsection 1, paragraph a, Code 14 2019, is amended to read as follows: 15 a. The cost of replacing, repairing, or restoring the 16 property that is damaged, defaced, altered, or destroyed 17 exceeds five seven hundred fifty dollars, but does not exceed 18 one thousand five hundred dollars. 19 Sec. 21. Section 716.6, subsection 1, paragraph a, 20 subparagraph (1), Code 2019, is amended to read as follows: 21 (1) The cost of replacing, repairing, or restoring the 22 property that is damaged, defaced, altered, or destroyed 23 exceeds two three hundred dollars, but does not exceed five 24 seven hundred fifty dollars. 25 Sec. 22. Section 716.8, subsections 2 and 4, Code 2019, are 26 amended to read as follows: 27 2. Any person committing a trespass as defined in section 28 716.7 , other than a trespass as defined in section 716.7, 29 subsection 2 , paragraph “a” , subparagraph (6), which results in 30 injury to any person or damage in an amount more than two three 31 hundred dollars to anything, animate or inanimate, located 32 thereon or therein commits a serious misdemeanor. 33 4. A person committing a trespass as defined in section 34 716.7 with the intent to commit a hate crime which results in 35 -9- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 9/ 17
injury to any person or damage in an amount more than two three 1 hundred dollars to anything, animate or inanimate, located 2 thereon or therein commits an aggravated misdemeanor. 3 Sec. 23. Section 716.10, subsection 2, paragraphs d, e, f, 4 and g, Code 2019, are amended to read as follows: 5 d. A person commits railroad vandalism in the fourth degree 6 if the person intentionally commits railroad vandalism which 7 results in property damage which costs ten thousand dollars 8 or less but more than one thousand five hundred dollars to 9 replace, repair, or restore. Railroad vandalism in the fourth 10 degree is a class “D” felony. 11 e. A person commits railroad vandalism in the fifth degree 12 if the person intentionally commits railroad vandalism which 13 results in property damage which costs more than five seven 14 hundred fifty dollars but does not exceed one thousand five 15 hundred dollars to replace, repair, or restore. Railroad 16 vandalism in the fifth degree is an aggravated misdemeanor. 17 f. A person commits railroad vandalism in the sixth degree 18 if the person intentionally commits railroad vandalism which 19 results in property damage which costs more than one three 20 hundred dollars but does not exceed five seven hundred fifty 21 dollars to replace, repair, or restore. Railroad vandalism in 22 the sixth degree is a serious misdemeanor. 23 g. A person commits railroad vandalism in the seventh 24 degree if the person intentionally commits railroad vandalism 25 which results in property damage which costs one three hundred 26 dollars or less to replace, repair, or restore. Railroad 27 vandalism in the seventh degree is a simple misdemeanor. 28 Sec. 24. Section 716A.2, subsection 2, paragraph b, Code 29 2019, is amended to read as follows: 30 b. The revenue generated from a specific unsolicited bulk 31 electronic mail transmission exceeds one thousand five hundred 32 dollars or the total revenue generated from all unsolicited 33 bulk electronic mail transmitted to any electronic mail service 34 provider by the person exceeds fifty thousand dollars. 35 -10- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 10/ 17
DIVISION IV 1 FRAUD AND FORGERY REVISIONS 2 Sec. 25. Section 715A.2, subsection 2, paragraph a, Code 3 2019, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (5) A driver’s license, nonoperator’s 5 identification card, birth certificate, or occupational license 6 or certificate in support of an occupational license issued by 7 a department, agency, board, or commission in this state. 8 Sec. 26. Section 715A.2A, subsection 1, paragraphs a and b, 9 Code 2019, are amended to read as follows: 10 a. Hires a person when the employer or an agent or employee 11 of the employer knows that the document evidencing the person’s 12 authorized stay or employment in the United States is in 13 violation of section 715A.2, subsection 2 , paragraph “a” , 14 subparagraph (4) or (5) , or knows that the person is not 15 authorized to be employed in the United States. 16 b. Continues to employ a person when the employer or an 17 agent or employee of the employer knows that the document 18 evidencing the person’s authorized stay or employment in the 19 United States is in violation of section 715A.2, subsection 2 , 20 paragraph “a” , subparagraph (4) or (5) , or knows that the person 21 is not authorized to be employed in the United States. 22 Sec. 27. Section 802.5, Code 2019, is amended to read as 23 follows: 24 802.5 Extension for fraud, fiduciary breach. 25 1. If the periods prescribed in sections 802.3 and 802.4 26 have expired, prosecution may nevertheless be commenced for any 27 offense a material element of which is either fraud or a breach 28 of fiduciary obligation within one year after discovery of the 29 offense by an aggrieved party or by a person who has a legal 30 duty to represent an aggrieved party and who is not a party to 31 the offense, but in no case shall this provision extend the 32 period of limitation otherwise applicable by more than three 33 five years. 34 2. A prosecution may be commenced under this section as 35 -11- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 11/ 17
long as the appropriate law enforcement agency has not delayed 1 the investigation in bad faith. This subsection shall not be 2 construed to require a law enforcement agency to pursue an 3 unknown offender with due diligence. 4 DIVISION V 5 CRIMINAL PROCEEDINGS 6 Sec. 28. Section 814.6, subsection 1, paragraph a, Code 7 2019, is amended to read as follows: 8 a. A final judgment of sentence, except in case of the 9 following cases: 10 (1) A simple misdemeanor and ordinance violation 11 convictions conviction . 12 (2) An ordinance violation. 13 (3) A conviction where the defendant has pled guilty. This 14 subparagraph does not apply to a guilty plea for a class “A” 15 felony. 16 Sec. 29. Section 814.6, subsection 2, Code 2019, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . f. An order denying a motion in arrest of 19 judgment on grounds other than an ineffective assistance of 20 counsel claim. 21 Sec. 30. NEW SECTION . 814.6A Pro se filings by defendant 22 currently represented by counsel. 23 1. A defendant who is currently represented by counsel shall 24 not file any pro se document, including a brief, reply brief, 25 or motion, in any Iowa court. The court shall not consider, 26 and opposing counsel shall not respond to, such pro se filings. 27 2. This section does not prohibit a defendant from 28 proceeding without the assistance of counsel. 29 3. A defendant currently represented by counsel may file a 30 pro se motion seeking disqualification of the counsel, which a 31 court may grant upon a showing of good cause. 32 Sec. 31. Section 814.7, Code 2019, is amended to read as 33 follows: 34 814.7 Ineffective assistance claim on appeal in a criminal 35 -12- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 12/ 17
case. 1 1. An ineffective assistance of counsel claim in a 2 criminal case shall be determined by filing an application 3 for postconviction relief pursuant to chapter 822 , except as 4 otherwise provided in this section . The claim need not be 5 raised on direct appeal from the criminal proceedings in order 6 to preserve the claim for postconviction relief purposes , 7 and the claim shall not be decided on direct appeal from the 8 criminal proceedings . 9 2. A party may, but is not required to, raise an ineffective 10 assistance claim on direct appeal from the criminal proceedings 11 if the party has reasonable grounds to believe that the record 12 is adequate to address the claim on direct appeal. 13 3. If an ineffective assistance of counsel claim is raised 14 on direct appeal from the criminal proceedings, the court may 15 decide the record is adequate to decide the claim or may choose 16 to preserve the claim for determination under chapter 822 . 17 Sec. 32. NEW SECTION . 814.28 General verdicts. 18 When the prosecution relies on multiple or alternative 19 theories to prove the commission of a public offense, a jury 20 may return a general verdict. If the jury returns a general 21 verdict, an appellate court shall not set aside or reverse such 22 a verdict on the basis of a defective or insufficient theory 23 if one or more of the theories presented and described in the 24 complaint, information, indictment, or jury instruction is 25 sufficient to sustain the verdict on at least one count. 26 Sec. 33. NEW SECTION . 814.29 Guilty pleas —— challenges. 27 If a defendant challenges a guilty plea based on an alleged 28 defect in the plea proceedings, the plea shall not be vacated 29 unless the defendant demonstrates that the defendant more 30 likely than not would not have pled guilty if the defect had 31 not occurred. The burden applies whether the challenge is 32 made through a motion in arrest of judgment or on appeal. Any 33 provision in the Iowa rules of criminal procedure that are 34 inconsistent with this section shall have no legal effect. 35 -13- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 13/ 17
Sec. 34. Section 822.3, Code 2019, is amended to read as 1 follows: 2 822.3 How to commence proceeding —— limitation. 3 A proceeding is commenced by filing an application verified 4 by the applicant with the clerk of the district court in 5 which the conviction or sentence took place. However, if the 6 applicant is seeking relief under section 822.2, subsection 1 , 7 paragraph “f” , the application shall be filed with the clerk 8 of the district court of the county in which the applicant 9 is being confined within ninety days from the date the 10 disciplinary decision is final. All other applications must 11 be filed within three years from the date the conviction or 12 decision is final or, in the event of an appeal, from the date 13 the writ of procedendo is issued. However, this limitation 14 does not apply to a ground of fact or law that could not have 15 been raised within the applicable time period. An allegation 16 of ineffective assistance of counsel in a prior case under this 17 chapter shall not toll or extend the limitation periods in this 18 section nor shall such claim relate back to a prior filing to 19 avoid the application of the limitation periods. Facts within 20 the personal knowledge of the applicant and the authenticity 21 of all documents and exhibits included in or attached to the 22 application must be sworn to affirmatively as true and correct. 23 The supreme court may prescribe the form of the application and 24 verification. The clerk shall docket the application upon its 25 receipt and promptly bring it to the attention of the court and 26 deliver a copy to the county attorney and the attorney general. 27 Sec. 35. NEW SECTION . 822.3B Pro se filings by applicants 28 currently represented by counsel. 29 1. An applicant seeking relief under section 822.2 who is 30 currently represented by counsel shall not file any pro se 31 document, including an application, brief, reply brief, or 32 motion, in any Iowa court. The court shall not consider, and 33 opposing counsel shall not respond to, such pro se filings. 34 2. This section does not prohibit an applicant for 35 -14- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 14/ 17
postconviction relief from proceeding without the assistance 1 of counsel. 2 3. A represented applicant for postconviction relief may 3 file a pro se motion seeking disqualification of counsel, which 4 a court may grant upon a showing of good cause. 5 Sec. 36. Section 822.6, subsection 1, Code 2019, is amended 6 to read as follows: 7 1. Within thirty days after the docketing of the 8 application, or within any further time the court may fix, 9 the state shall respond by answer or by motion which may 10 be supported by affidavits. At any time prior to entry of 11 judgment the court may grant leave to withdraw the application. 12 The court may make appropriate orders for amendment of the 13 application or any pleading or motion, for pleading over, for 14 filing further pleadings or motions, or for extending the time 15 of the filing of any pleading. In considering the application 16 the court shall take account of substance regardless of defects 17 of form. If the application is not accompanied by the record 18 of the proceedings challenged therein, the respondent shall 19 file with its answer the record or portions thereof that are 20 material to the questions raised in the application. 21 Sec. 37. NEW SECTION . 901.4B Presentence determinations 22 and statements. 23 1. Before imposing sentence, the court shall do all of the 24 following: 25 a. Verify that the defendant and the defendant’s attorney 26 have read and discussed the presentence investigation report 27 and any addendum to the report. 28 b. Provide the defendant’s attorney an opportunity to speak 29 on the defendant’s behalf. 30 c. Address the defendant personally in order to permit the 31 defendant to make a statement or present any information to 32 mitigate the defendant’s sentence. 33 d. Provide the prosecuting attorney an opportunity to speak. 34 2. After hearing any statements presented pursuant 35 -15- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 15/ 17
to subsection 1, and before imposing sentence, the court 1 shall address any victim of the crime who is present at the 2 sentencing and shall allow any victim to be reasonably heard, 3 including, but not limited to, by presenting a victim impact 4 statement in the manner described in section 915.21. 5 3. For purposes of this section “victim” means the same as 6 defined in section 915.10. 7 DIVISION VI 8 ARSON 9 Sec. 38. Section 901.11, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4. At the time of sentencing, the court 12 shall determine when a person convicted of arson in the first 13 degree as described in section 902.12, subsection 4, shall 14 first become eligible for parole or work release within the 15 parameters specified in section 902.12, subsection 3, based 16 upon all pertinent information including the person’s criminal 17 record, a validated risk assessment, and the negative impact 18 the offense has had on the victim or other persons. 19 Sec. 39. Section 902.12, Code 2019, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 4. A person serving a sentence for a 22 conviction for arson in the first degree in violation of 23 section 712.2 that occurs on or after July 1, 2019, shall 24 be denied parole or work release until the person has served 25 between one-half and seven-tenths of the maximum term of 26 the person’s sentence as determined under section 901.11, 27 subsection 4. 28 DIVISION VII 29 LIMITATION OF CRIMINAL ACTIONS 30 Sec. 40. Section 802.2, subsection 1, Code 2019, is amended 31 to read as follows: 32 1. An information or indictment for sexual abuse in the 33 first, second, or third degree committed on or with a person 34 who is under the age of eighteen years shall be found within 35 -16- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 16/ 17
ten fifteen years after the person upon whom the offense is 1 committed attains eighteen years of age, or if the person 2 against whom the information or indictment is sought is 3 identified through the use of a DNA profile, an information or 4 indictment shall be found within three years from the date the 5 person is identified by the person’s DNA profile, whichever is 6 later. 7 Sec. 41. Section 802.2A, Code 2019, is amended to read as 8 follows: 9 802.2A Incest —— sexual exploitation by a counselor, 10 therapist, or school employee. 11 1. An information or indictment for incest under section 12 726.2 committed on or with a person who is under the age of 13 eighteen shall be found within ten fifteen years after the 14 person upon whom the offense is committed attains eighteen 15 years of age. An information or indictment for any other 16 incest shall be found within ten years after its commission. 17 2. An indictment or information for sexual exploitation by 18 a counselor, therapist, or school employee under section 709.15 19 committed on or with a person who is under the age of eighteen 20 shall be found within ten fifteen years after the person upon 21 whom the offense is committed attains eighteen years of age. 22 An information or indictment for any other sexual exploitation 23 shall be found within ten years of the date the victim was last 24 treated by the counselor or therapist, or within ten years of 25 the date the victim was enrolled in or attended the school. > 26 ______________________________ KLEIN of Washington -17- HF729.2117 (1) 88 (amending this HF 729 to CONFORM to SF 589) as/rh 17/ 17