Senate File 255 - Introduced



                                       SENATE FILE       
                                       BY  KREIMAN and RAGAN


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

                                      A BILL FOR

  1 An Act relating to criminal law, including the criminal offense
  2    of harassment and issuing a search warrant.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1860ST 81
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 708.7, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5.  In determining if a violation charged
  1  4 is a second or subsequent conviction for purposes of criminal
  1  5 sentencing under this section:
  1  6    a.  A deferred judgment entered pursuant to section 907.3
  1  7 for a violation of this section shall be counted as a previous
  1  8 conviction.
  1  9    b.  A conviction or the equivalent of a deferred judgment
  1 10 for a violation in any other state under a statute
  1 11 substantially corresponding to this section shall be counted
  1 12 as a previous conviction.  A court shall judicially notice the
  1 13 statute of another state which defines an offense
  1 14 substantially equivalent to the offense defined in this
  1 15 section and can therefore be considered a corresponding
  1 16 statute.  Each previous violation for which a conviction or
  1 17 deferral of judgment was entered prior to the date of the
  1 18 violation charged shall be considered and counted as a
  1 19 separate previous conviction.
  1 20    Sec. 2.  Section 808.2, Code 2005, is amended by adding the
  1 21 following new subsection:
  1 22    NEW SUBSECTION.  3A.  For any property where a person is
  1 23 located who is subject to arrest or who is a material witness.
  1 24                           EXPLANATION
  1 25    This bill relates to the criminal offense of harassment and
  1 26 issuing a search warrant.
  1 27    The bill provides that in determining whether the criminal
  1 28 offense of harassment is a second or subsequent conviction for
  1 29 purposes of sentencing, a deferred judgment shall be counted
  1 30 as a previous conviction, and each previous violation on which
  1 31 a conviction or deferral of judgment was entered prior to the
  1 32 date of the violation shall be counted as a separate previous
  1 33 conviction.
  1 34    The bill also provides that when a court issues a search
  1 35 warrant, the court may issue a search warrant for a property
  2  1 where a person is located who is subject to arrest or who is a
  2  2 material witness.
  2  3 LSB 1860ST 81
  2  4 jm:nh/gg/14