House File 39 - Introduced



                                       HOUSE FILE       
                                       BY  HUTTER


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

                                      A BILL FOR

  1 An Act relating to enhancing the criminal penalty for offenses
  2    against a person sixty=five years of age or older.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1503HH 81
  5 jm/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  902.14  CRIMINAL OFFENSE AGAINST
  1  2 A PERSON SIXTY=FIVE YEARS OF AGE OR OLDER == ENHANCEMENT.
  1  3    A criminal offense classified as a felony in the Code,
  1  4 except a class "A" felony, shall be classified and punished as
  1  5 an offense one degree higher than the underlying offense if
  1  6 the person against whom the crime is committed is sixty=five
  1  7 years of age or older.
  1  8    Sec. 2.  NEW SECTION.  903.7  CRIMINAL OFFENSE AGAINST A
  1  9 PERSON SIXTY=FIVE YEARS OF AGE OR OLDER == ENHANCEMENT.
  1 10    A criminal offense classified as a misdemeanor in the Code
  1 11 shall be classified and punished as an offense one degree
  1 12 higher than the underlying offense if the person against whom
  1 13 the crime is committed is sixty=five years of age or older.
  1 14    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 15 3, shall not apply to this Act.
  1 16                           EXPLANATION
  1 17    This bill relates to enhancing the criminal penalty for
  1 18 offenses against a person 65 years of age or older.
  1 19    The bill provides that any criminal offense in the Code,
  1 20 except a class "A" felony, shall be reclassified one degree
  1 21 higher than the underlying criminal offense if the person
  1 22 against whom the crime is committed is 65 years of age or
  1 23 older.
  1 24    The bill may include a state mandate as defined in Code
  1 25 section 25B.3.  The bill makes inapplicable Code section
  1 26 25B.2, subsection 3, which would relieve a political
  1 27 subdivision from complying with a state mandate if funding for
  1 28 the cost of the state mandate is not provided or specified.
  1 29 Therefore, political subdivisions are required to comply with
  1 30 any state mandate included in the bill.
  1 31 LSB 1503HH 81
  1 32 jm/sh/8.1