Senate Study Bill 1027

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC SAFETY BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to criminal law and procedure, including the
  2    criminal offenses of arson, communications by an arrested
  3    person, and harassment, and the sex offender registry.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1037DP 80
  6 jm/cls/14

PAG LIN

  1  1    Section 1.  Section 692A.1, subsection 1, paragraph d, Code
  1  2 2003, is amended to read as follows:
  1  3    d.  Lascivious acts with a child in violation of section
  1  4 709.8, subsection 1.
  1  5    Sec. 2.  Section 692A.14, Code 2003, is amended to read as
  1  6 follows:
  1  7    692A.14  COOPERATION WITH REGISTRATION.
  1  8    Each agency of state and local government which possesses
  1  9 information relevant to requirements that a person register
  1 10 under this chapter shall provide that information to the court
  1 11 or the department upon request.  Minutes of testimony shall
  1 12 also be provided to the department of corrections, the
  1 13 department of human services, or the department of public
  1 14 safety upon request for the purpose of conducting an
  1 15 assessment of risk.  All other confidential records provided
  1 16 under this section shall remain confidential, unless otherwise
  1 17 ordered by a court, by the lawful custodian of the records, or
  1 18 by another person duly authorized to release such information.
  1 19    Sec. 3.  Section 708.7, subsection 1, paragraph a,
  1 20 subparagraph (2), Code 2003, is amended to read as follows:
  1 21    (2)  Places a simulated explosive or simulated incendiary
  1 22 device in or near a building, vehicle, airplane, railroad
  1 23 engine or railroad car, or boat occupied by another person a
  1 24 manner which would endanger a person or property.
  1 25    Sec. 4.  Section 712.1, Code 2003, is amended to read as
  1 26 follows:
  1 27    712.1  ARSON DEFINED.
  1 28    Causing a fire or explosion, or placing any burning or
  1 29 combustible material, or any incendiary or explosive device or
  1 30 material, in or near any property with the intent to destroy
  1 31 or damage such property, or with the knowledge that such
  1 32 property will probably be destroyed or damaged, is arson,
  1 33 whether or not any such property is actually destroyed or
  1 34 damaged.  Arson is also causing by manufacturing or attempting
  1 35 to manufacture a controlled substance in violation of section
  2  1 124.401, a fire or explosion that destroys property.
  2  2 Provided, that where a person who owns said property which the
  2  3 defendant intends to destroy or damage, or which the defendant
  2  4 knowingly endangers, consented to the defendant's acts, and
  2  5 where no insurer has been exposed fraudulently to any risk,
  2  6 and where the act was done in such a way as not to
  2  7 unreasonably endanger the life or property of any other person
  2  8 the act shall not be arson.
  2  9    Sec. 5.  Section 712.2, Code 2003, is amended to read as
  2 10 follows:
  2 11    712.2  ARSON IN THE FIRST DEGREE.
  2 12    Arson is arson in the first degree when the property which
  2 13 the defendant intends to destroy or damage, or which the
  2 14 defendant knowingly endangers, is property in which the
  2 15 presence of one or more persons can be reasonably anticipated
  2 16 in or near the property which is the subject of the arson, or
  2 17 the arson results in the death of a fire fighter, whether paid
  2 18 or volunteer.
  2 19    Arson in the first degree is a class "B" felony.
  2 20    Sec. 6.  Section 712.3, Code 2003, is amended to read as
  2 21 follows:
  2 22    712.3  ARSON IN THE SECOND DEGREE.
  2 23    Arson which is not arson in the first degree is arson in
  2 24 the second degree when the property which the defendant
  2 25 intends to destroy or damage, or which the defendant knowingly
  2 26 endangers, which is the subject of the arson, is a building or
  2 27 a structure, or real property of any kind, or standing crops,
  2 28 or is personal property the value of which exceeds five
  2 29 hundred dollars.  Arson in the second degree is a class "C"
  2 30 felony.
  2 31    Sec. 7.  Section 804.20, Code 2003, is amended to read as
  2 32 follows:
  2 33    804.20  COMMUNICATIONS BY ARRESTED PERSONS.
  2 34    Any peace officer or other person having custody of any
  2 35 person arrested or restrained of the person's liberty for any
  3  1 reason whatever, shall permit that person, without unnecessary
  3  2 delay after arrival at the place of detention, to call,
  3  3 consult, and see a member of the person's family or an
  3  4 attorney of the person's choice, or both.  Such person shall
  3  5 be permitted to make a reasonable number of telephone calls as
  3  6 may be required to secure an attorney.  If a call is made, it
  3  7 shall be made in the presence of the person having custody of
  3  8 the one arrested or restrained.  If such person is
  3  9 intoxicated, or a person under eighteen years of age, the call
  3 10 may be made by the person having custody.  An attorney shall
  3 11 be permitted to see and consult confidentially with such
  3 12 person alone and in private at the jail or other place of
  3 13 custody without unreasonable delay.  A violation of this
  3 14 section shall constitute a simple misdemeanor.
  3 15                           EXPLANATION
  3 16    This bill relates to criminal law and procedure, including
  3 17 the criminal offenses of arson and communications by an
  3 18 arrested person, and the sex offender registry.
  3 19    Code section 692A.1, relating to the definition of an
  3 20 "aggravated offense" in the sex offender registry Code
  3 21 chapter, is amended.  The bill provides that a person who
  3 22 commits any act of lascivious acts with a child commits an
  3 23 aggravated offense.  Current law provides that a person who
  3 24 commits lascivious acts with a child in violation of Code
  3 25 section 709.8, subsection 1, commits an aggravated offense.  A
  3 26 person who commits an aggravated offense is required to
  3 27 register as a sex offender for life.
  3 28    Code section 692A.14, relating to the sharing of
  3 29 confidential information regarding a sex offender between
  3 30 departments, is amended.  The bill provides that the minutes
  3 31 of testimony shall be provided to the department of
  3 32 corrections, the department of human services, or the
  3 33 department of public safety for the purpose of conducting a
  3 34 risk assessment on a sex offender.  Current law provides that
  3 35 the minutes of testimony are to be provided upon court order.
  4  1 The minutes of testimony are a summary of the facts which are
  4  2 attached to a criminal indictment or trial information.
  4  3    Code section 708.7, relating to the criminal offense of
  4  4 harassment, is amended.  The bill expands the definition of
  4  5 harassment to include placing a simulated explosive or
  4  6 simulated incendiary device in a manner which would endanger a
  4  7 person or any property.  The current definition includes
  4  8 placing a simulated explosive or simulated incendiary device
  4  9 in or near a building, vehicle, airplane, railroad engine, or
  4 10 railroad car, or boat occupied by another person.
  4 11    Code sections 712.1, 712.2, and 712.3, relating to the
  4 12 crime of arson, are amended.  The amendment to Code section
  4 13 712.1 changes the definition of arson to provide that a person
  4 14 who manufactures or attempts to manufacture a controlled
  4 15 substance in violation of Code section 124.401, which then
  4 16 results in a fire or explosion that destroys property, commits
  4 17 arson.  Code sections 712.2 and 712.3 are amended to conform
  4 18 with the definitional change in Code section 712.1.
  4 19    Code section 804.20, relating to communications by a person
  4 20 who has been arrested, is amended.  The bill eliminates the
  4 21 criminal penalty in Code section 804.20 if a peace officer
  4 22 does not comply with the section, but does not eliminate the
  4 23 requirement of a peace officer to permit an arrested person to
  4 24 speak with a family member of the person or to an attorney
  4 25 after an arrest.
  4 26 LSB 1037DP 80
  4 27 jm/cls/14