House File 2473 - Introduced HOUSE FILE 2473 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2275) A BILL FOR An Act relating to criminal offense definitions, penalties, and 1 the forfeiture of an unsecured appearance bond in a criminal 2 proceeding. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5986HV (2) 83 jm/nh

H.F. 2473 Section 1. Section 716.6, subsection 1, Code Supplement 1 2009, is amended to read as follows: 2 1. a. Criminal mischief is criminal mischief in the fourth 3 degree if the any of the following apply: 4 (1) The cost of replacing, repairing, or restoring the 5 property so damaged, defaced, altered, or destroyed exceeds two 6 hundred dollars, but does not exceed five hundred dollars. 7 (2) The person intentionally injures, destroys, disturbs, 8 or removes any marker placed on any tract of land, street, 9 or highway, designating any point, course, or line on the 10 boundary of the tract of land, street, or highway, if the 11 marker was placed at such location by a land surveyor licensed 12 under chapter 542B, or by any person directed by a licensed 13 land surveyor. A governmental entity and employees of such 14 an entity are exempt from prosecution under this subparagraph 15 for projects performed pursuant to section 314.8. A licensed 16 land surveyor and persons under the direction of a licensed 17 land surveyor are also exempt from prosecution under this 18 subparagraph for removing an existing marker in order to place 19 an upgraded or more suitable marker in the same location. 20 (3) The person intentionally injures, destroys, disturbs, 21 or removes any monument that has been established by the 22 national geodetic survey, Iowa geodetic survey, or any county 23 geographic information system for use in the determination of 24 spatial location relative to the specified Iowa state plane 25 coordinate system or precise elevation datum. A governmental 26 entity and employees of such an entity are exempt from 27 prosecution under this subparagraph for projects performed 28 pursuant to section 314.8. 29 b. Criminal mischief in the fourth degree is a serious 30 misdemeanor. 31 Sec. 2. Section 811.9, Code Supplement 2009, is amended to 32 read as follows: 33 811.9 Forfeiture of appearance bond. 34 Sections 811.6 through 811.8 shall not apply in a case where 35 -1- LSB 5986HV (2) 83 jm/nh 1/ 3

H.F. 2473 a simple misdemeanor is charged upon a uniform citation and 1 complaint and where the defendant has submitted an unsecured 2 appearance bond or has submitted bail in the form of cash, 3 check, credit card as provided in section 805.14, or guaranteed 4 arrest bond certificate as defined in section 321.1. When a 5 defendant fails to appear as required in such cases, the court, 6 or the clerk of the district court, shall enter a judgment of 7 forfeiture of the bond or bail. The judgment shall be final 8 upon entry and shall not be set aside unless a conviction for a 9 scheduled violation under chapter 321 was set aside under the 10 procedures established in section 321.200A , or upon a showing 11 of good cause after the filing of a motion within ninety days 12 of entry of the judgment, for mistake, inadvertence, surprise, 13 excusable neglect, or unavoidable casualty . 14 EXPLANATION 15 This bill expands the definition of criminal mischief in the 16 fourth degree. 17 A person commits criminal mischief in the fourth degree 18 under the bill if the person intentionally injures, destroys, 19 disturbs, or removes any marker placed on any tract of land, 20 street, or highway, designating any point, course, or line on 21 the boundary of the tract of land, street, or highway, and the 22 marker was placed at such location by a licensed land surveyor, 23 or by any person directed by a licensed land surveyor. A 24 governmental entity and employees of such an entity are exempt 25 from prosecution under the bill for projects performed pursuant 26 to Code section 314.8, relating to preservation of government 27 markers in the course of highway construction. A licensed land 28 surveyor and persons under the direction of the surveyor are 29 also exempt from prosecution under the bill for removing an 30 existing marker in order to place an upgraded or more suitable 31 marker in the same location. 32 A person also commits criminal mischief in the fourth 33 degree under the bill if the person intentionally injures, 34 destroys, disturbs, or removes any monument that has been 35 -2- LSB 5986HV (2) 83 jm/nh 2/ 3

H.F. 2473 established by the national geodetic survey, Iowa geodetic 1 survey, or any county geographic information system for use in 2 the determination of spatial location relative to the specified 3 Iowa state plane coordinate system or precise elevation datum. 4 A governmental entity and employees of such an entity are 5 exempt from prosecution under the bill for projects performed 6 pursuant to Code section 314.8. 7 A person who commits criminal mischief in the fourth degree 8 commits a serious misdemeanor. A serious misdemeanor is 9 punishable by confinement for no more than one years and a fine 10 of at least $315 but not more than $1,875. 11 The bill also allows the forfeiture of an unsecured 12 appearance bond for a simple misdemeanor to be set aside upon 13 a showing of good cause, if a motion is filed within 90 days 14 of the entry of the judgment of forfeiture. The bill limits 15 a good cause showing to mistake, inadvertence, surprise, 16 excusable neglect, or unavoidable casualty. 17 -3- LSB 5986HV (2) 83 jm/nh 3/ 3