H.F. 2215 Section 1. NEW SECTION . 902.15 Criminal offenses committed 1 in federal and state disaster areas. 2 1. When the president of the United States declares a major 3 disaster exists in this state, or the governor proclaims a 4 state of disaster emergency exists pursuant to section 29C.6, 5 the minimum fine pursuant to section 902.9 or the minimum 6 civil penalty pursuant to section 907.14 shall double for 7 the following felony criminal offenses committed against or 8 involving disaster-affected property in a disaster area if the 9 offender knew or reasonably should have known the property was 10 disaster-affected: 11 a. Robbery in violation of section 711.3. 12 b. Extortion in violation of section 711.4, subsection 7. 13 c. Arson in violation of section 712.3. 14 d. Explosive or incendiary material or device offenses in 15 violation of section 712.6, subsection 1. 16 e. Burglary-related offenses in violation of section 713.4, 17 713.5, 713.6, or 713.6A, subsection 1. 18 f. Theft offenses in violation of section 714.2, subsection 19 1 or 2. 20 g. Criminal mischief offenses in violation of section 716.3 21 or 716.4. 22 2. For purposes of this section, property shall be 23 considered disaster-affected if the property sustained more 24 than de minimis structural damage in the disaster. Factors 25 to be considered in determining whether the offender knew or 26 reasonably should have known the property was disaster-affected 27 include but are not limited to the following: the visibility 28 of the structural damage; the repair work, if any, performed 29 or in the process of being performed on the affected property; 30 and whether any notice was posted on the affected property 31 indicating that certain crimes committed on such property are 32 subject to the doubling of fines and penalties. An owner 33 of disaster-affected property may, but is not required to, 34 post a notice on the property indicating the property was 35 -1- LSB 5910HH (4) 83 jm/nh 1/ 4

H.F. 2215 disaster-affected and that certain crimes committed on the 1 property are subject to the doubling of fines and penalties. 2 3. The doubling of fines and penalties pursuant to this 3 section shall apply to criminal offenses committed during the 4 disaster declaration or proclamation and for three years after 5 the date the disaster or disaster emergency ends. 6 Sec. 2. NEW SECTION . 903.7 Criminal offenses committed in 7 federal and state disaster areas. 8 1. When the president of the United States declares a major 9 disaster exists in this state, or the governor proclaims a 10 state of disaster emergency exists pursuant to section 29C.6, 11 the minimum fine under section 903.1 or the minimum civil 12 penalty pursuant under section 907.14 shall double for the 13 following misdemeanor criminal offenses committed against or 14 involving disaster-affected property in a disaster area if the 15 offender knew or reasonably should have known the property was 16 disaster-affected: 17 a. Arson in violation of section 712.4. 18 b. Reckless use of fire or explosives in violation of 19 section 712.5. 20 c. Explosive or incendiary material or device offenses in 21 violation of section 712.6, subsection 2 or 3. 22 d. Burglary-related offenses in violation of section 713.6A, 23 subsection 2, or section 713.6B or 713.7. 24 e. Theft offenses in violation of section 714.2, subsection 25 3, 4, or 5. 26 f. Criminal mischief offenses in violation of section 716.5 27 or 716.6. 28 2. For purposes of this section, property shall be 29 considered disaster-affected if the property sustained more 30 than de minimis structural damage in the disaster. Factors 31 to be considered in determining whether the offender knew or 32 reasonably should have known the property was disaster-affected 33 include but are not limited to the following: the visibility 34 of the structural damage; the repair work, if any, performed 35 -2- LSB 5910HH (4) 83 jm/nh 2/ 4

H.F. 2215 or in the process of being performed on the affected property; 1 and whether any notice was posted on the affected property 2 indicating that certain crimes committed on such property are 3 subject to the doubling of fines and penalties. An owner 4 of disaster-affected property may, but is not required to, 5 post a notice on the property indicating the property was 6 disaster-affected and that certain crimes committed on the 7 property are subject to the doubling of fines and penalties. 8 3. The doubling of fines and penalties pursuant to this 9 section shall apply to criminal offenses committed during the 10 disaster declaration or proclamation and for three years after 11 the date the disaster or disaster emergency ends. 12 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 13 immediate importance, takes effect upon enactment. 14 EXPLANATION 15 This bill provides for the doubling of criminal fines and 16 penalties in disaster areas. 17 Under the bill, if the president of the United States 18 declares a major disaster exists in this state, or the 19 governor proclaims a state of disaster emergency exists, 20 the minimum fine or civil penalty shall double for certain 21 criminal offenses committed in the disaster area, if the 22 offender knew or reasonably should have known the property was 23 disaster-affected. 24 The bill requires disaster-affected property to sustain 25 more than de minimis structural damage in the disaster for 26 the doubling of fines and penalties to apply. Under the 27 bill, the factors to be considered in determining whether the 28 offender knew or reasonably should have known the property 29 was disaster-affected include but are not limited to the 30 following: the visibility of the structural damage; the repair 31 work, if any, performed or in the process of being performed 32 on the affected property; and whether any notice was posted on 33 the affected property indicating that certain crimes committed 34 on such property are subject to the doubling of fines and 35 -3- LSB 5910HH (4) 83 jm/nh 3/ 4

H.F. 2215 penalties. 1 Under the bill, the owner of disaster-affected property 2 may, but is not required to, post a notice on the property 3 indicating the property was disaster-affected and that certain 4 crimes committed on the property are subject to the doubling 5 of fines and penalties. 6 The doubling of fines and penalties apply to criminal 7 offenses committed during the disaster declaration or 8 proclamation and for three years after the date the disaster or 9 disaster emergency ends. 10 The bill doubles the minimum fine under Code section 902.9 or 11 the civil penalty under Code section 907.14 for the following 12 felony offenses: Code sections 711.3 (robbery in the second 13 degree), 711.4 (extortion), 712.3 (arson), 712.6 (explosive 14 or incendiary materials offenses), 713.4 (attempted burglary 15 in the first degree), 713.5 (burglary in the second degree), 16 713.6 (attempted burglary in the second degree), 713.6A(1) 17 (burglary in the third degree), 714.2(1) (theft in the first 18 degree), 714.2(2) (theft in the second degree), 716.3 (criminal 19 mischief in the first degree), and 716.4 (criminal mischief in 20 the second degree). 21 The bill also doubles the minimum fine pursuant to 22 Code section 903.1 or the civil penalty for the following 23 misdemeanor offenses: Code sections 712.4 (arson), 712.5 24 (reckless use of fire or explosives), 712.6 (explosive or 25 incendiary materials offenses), 713.6A(2) (burglary in the 26 third degree), 713.6B (attempted burglary in the third degree), 27 713.7 (possession of burglar’s tools), 714.2(3) (theft in the 28 third degree), 714.2(4) (theft in the fourth degree), 714.2(5) 29 (theft in the fifth degree), 716.5 (criminal mischief in the 30 third degree), and 716.6 (criminal mischief in the fourth and 31 fifth degrees). 32 The bill takes effect upon enactment. 33 -4- LSB 5910HH (4) 83 jm/nh 4/ 4