Senate File 2412 H-8130 Amend Senate File 2412, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE 6 Section 1. Section 7E.3, Code 2026, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 6. Verification of United States citizenship 9 and immigration status. Use the e-verify system of the United 10 States citizenship and immigration services to confirm the 11 employment eligibility of newly hired employees. 12 Sec. 2. Section 10A.101, Code 2026, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 4. “SAVE program” means the systematic 15 alien verification for entitlements system of the United 16 States department of homeland security and the United States 17 citizenship and immigration services. 18 Sec. 3. NEW SECTION . 10A.113 SAVE program clearinghouse. 19 There is created within the department a SAVE program 20 clearinghouse, which shall serve as the central entity to 21 process requests to verify, using the SAVE program, the United 22 States citizenship and immigration status of an individual 23 who has applied for a professional license in this state. 24 The department shall adopt rules pursuant to chapter 17A to 25 implement this section. 26 Sec. 4. Section 10A.506, Code 2026, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 13. a. The licensing and regulation 29 examining boards included in the department pursuant to 30 subsection 1 shall use the SAVE program clearinghouse created 31 within the department pursuant to section 10A.113 to verify 32 the United States citizenship and immigration status of an 33 individual who has applied for a professional license from the 34 board. 35 -1- SF 2412.3144 (2) 91 ss/ns 1/ 5 #1.
b. A denial of an application for a professional license due 1 to the results of the SAVE program clearinghouse check shall 2 be appealed to the director and the director’s decision shall 3 constitute final agency action. 4 Sec. 5. NEW SECTION . 262.9E Verification of citizenship and 5 immigration status. 6 The state board of regents and each institution of higher 7 education governed by the board shall use the e-verify system 8 of the United States citizenship and immigration services to 9 confirm the employment eligibility of newly hired employees. 10 Sec. 6. Section 272C.1, Code 2026, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 11. “SAVE program clearinghouse” means 13 the SAVE program clearinghouse created within the department 14 of inspections, appeals, and licensing pursuant to section 15 10A.113. 16 Sec. 7. Section 272C.4, Code 2026, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 11. Use the SAVE program clearinghouse to 19 confirm the United States citizenship and immigration status of 20 an individual who has applied for a professional license from 21 the board. 22 Sec. 8. Section 272C.10, Code 2026, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 9. For a license deemed a professional 25 license by the licensing board, unlawful presence in the United 26 States, as determined by using the SAVE program clearinghouse. 27 Sec. 9. NEW SECTION . 272C.15A Disqualifications for 28 unlawful presence. 29 A licensing board established after January 1, 1978, and 30 pursuant to the provisions of this chapter, shall not issue or 31 renew a professional license to an individual who the licensing 32 board is unable to verify is lawfully present in the United 33 States, as determined by using the SAVE program clearinghouse. 34 DIVISION II 35 -2- SF 2412.3144 (2) 91 ss/ns 2/ 5
VOTER REGISTRATION —— UNAUTHORIZED ALIENS 1 Sec. 10. Section 39A.2, subsection 1, paragraph a, 2 subparagraph (2), Code 2026, is amended to read as follows: 3 (2) Falsely swears to an oath required pursuant to section 4 48A.7A or 48A.11 . 5 Sec. 11. Section 48A.2, Code 2026, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4A. “Unauthorized alien” means a person 8 who is unlawfully present in the United States under the 9 federal Immigration and Nationality Act, 8 U.S.C. §1101 et 10 seq., as modified by applicable federal statutes, rules, and 11 regulations. 12 Sec. 12. Section 48A.6, Code 2026, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3. A person who is an unauthorized alien. 15 Sec. 13. Section 48A.11, Code 2026, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 9. Each voter registration form shall 18 include the following oath: 19 By submitting this form, I do solemnly swear and affirm that I 20 will protect and defend the Constitution of the United States 21 and the Constitution of the State of Iowa, that I am qualified 22 to register to vote under the Constitution and laws of the 23 State of Iowa, and that all information provided in my voter 24 registration application is true. I have carefully reviewed 25 the instructions for completing the Iowa voter registration 26 application, and I further swear or affirm that I am a United 27 States citizen. I understand that if I have provided false 28 information on my voter registration application that I could 29 be subject to criminal penalties for perjury and that I may be 30 fined, imprisoned, or, if not a United States citizen, deported 31 from or refused entry into the United States. 32 Sec. 14. NEW SECTION . 802.2H Election misconduct in the 33 first degree. 34 An information or indictment for election misconduct in 35 -3- SF 2412.3144 (2) 91 ss/ns 3/ 5
the first degree in violation of section 39A.2 shall be found 1 within five years after the commission of the offense. 2 Sec. 15. Section 802.3, Code 2026, is amended to read as 3 follows: 4 802.3 Felony —— aggravated or serious misdemeanor. 5 In all cases, except those enumerated in section 802.1 , 6 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E , 802.2F , 802.2G , 7 802.2H, or 802.10 , an indictment or information for a felony or 8 aggravated or serious misdemeanor shall be found within three 9 years after its commission. 10 DIVISION III 11 PRETRIAL DETENTION 12 Sec. 16. Section 811.1, subsection 1, Code 2026, is amended 13 by adding the following new paragraphs: 14 NEW PARAGRAPH . 0d. “Forcible felony” means the same as 15 defined in section 702.11. 16 NEW PARAGRAPH . 00d. “Indictable offense” means the same as 17 defined in section 801.4. 18 NEW PARAGRAPH . e. “Unauthorized alien” means a person 19 who is unlawfully present in the United States according to 20 the terms of the federal Immigration and Nationality Act, 8 21 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted 22 consistently with any applicable federal statutes, rules, or 23 regulations. 24 Sec. 17. Section 811.1, subsection 2, unnumbered paragraph 25 1, Code 2026, is amended to read as follows: 26 All Except as provided in subsection 3, all defendants 27 are bailable both before and after conviction, by sufficient 28 surety, or subject to release upon condition or on their own 29 recognizance, except that the following defendants shall not be 30 admitted to bail: 31 Sec. 18. Section 811.1, Code 2026, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 3. a. Notwithstanding subsection 2, 34 all defendants are bailable before conviction, by sufficient 35 -4- SF 2412.3144 (2) 91 ss/ns 4/ 5
surety, or subject to release upon conditions or on their own 1 recognizance, except when the offense is for a forcible felony. 2 A charge for a forcible felony creates a rebuttable presumption 3 that the person is dangerous and that there is not a sufficient 4 surety or condition of release that will reasonably assure 5 the personal safety of another person or persons. If a court 6 determines that there is probable cause to believe that the 7 defendant committed a forcible felony, then the defendant shall 8 be detained without bail. The prosecuting attorney, or the 9 court on its own motion, must move for pretrial detention. 10 The defendant may rebut the presumption by demonstrating, by 11 a preponderance of the evidence, that adequate conditions of 12 release will reasonably assure the personal safety of another 13 person or persons. 14 b. It shall be presumed that there are not sufficient 15 sureties or conditions of release that will secure the 16 appearance at trial of an unauthorized alien for an indictable 17 offense. If a court determines that there is probable cause to 18 believe that the defendant committed an indictable offense and 19 the court further determines by a preponderance of the evidence 20 that the defendant is an unauthorized alien, the prosecuting 21 attorney, or the court on its own motion, shall move for 22 pretrial detention. The defendant may rebut the presumption 23 by demonstrating, by a preponderance of the evidence, that 24 adequate conditions of release will secure the appearance of 25 the defendant at trial. > 26 2. Title page, by striking lines 1 and 2 and inserting 27 < An Act relating to qualifications for certain rights and 28 privileges prescribed by the state, including state employment, 29 professional licensure, voter registration, and bail, and 30 making penalties applicable. > 31 ______________________________ THOMSON of Floyd -5- SF 2412.3144 (2) 91 ss/ns 5/ 5 #2.