HF 2504 (LSB 5910HV (2) 83)

HOUSE FILE 2504

BY  COMMITTEE ON REBUILD IOWA AND DISASTER RECOVERY

(SUCCESSOR TO HF 2215)

A BILL FOR

An Act enhancing criminal fines and penalties in disaster areas, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  902.15  Criminal offenses committed in federal and state disaster areas.
   1.  When the president of the United States declares a major disaster exists in this state, or the governor proclaims a state of disaster emergency exists pursuant to section 29C.6, the court may double the minimum fine pursuant to section 902.9 or the minimum civil penalty pursuant to section 907.14 for the following felony criminal offenses committed against or involving disaster-affected property in a disaster area if the offender knew or reasonably should have known the property was disaster-affected:
   a.  Robbery in violation of section 711.3.
   b.  Extortion in violation of section 711.4, subsection 7.
   c.  Arson in violation of section 712.3.
   d.  Explosive or incendiary material or device offenses in violation of section 712.6, subsection 1.
   e.  Burglary-related offenses in violation of section 713.4, 713.5, 713.6, or 713.6A, subsection 1.
   f.  Theft offenses in violation of section 714.2, subsection 1 or 2.
   g.  Criminal mischief offenses in violation of section 716.3 or 716.4.
   2.  For purposes of this section, property shall be considered disaster-affected if the property sustained more than de minimis structural damage in the disaster. Factors to be considered in determining whether the offender knew or reasonably should have known the property was disaster-affected include but are not limited to the following: the visibility of the structural damage; the repair work, if any, performed or in the process of being performed on the affected property; and whether any notice was posted on the affected property indicating that certain crimes committed on such property are subject to the doubling of fines and penalties. Notice may but is not required to be posted on the property indicating the property was disaster-affected and that certain crimes committed on the property are subject to the doubling of fines and penalties.
   3.  The doubling of fines and civil penalties pursuant to this section shall apply to criminal offenses identified in this section committed during the incident period under the disaster declaration or proclamation and for three years after the end date of the incident period.
    Sec. 2.  NEW SECTION.  903.7  Criminal offenses committed in federal and state disaster areas.
   1.  When the president of the United States declares a major disaster exists in this state, or the governor proclaims a state of disaster emergency exists pursuant to section 29C.6, the court may double the minimum fine under section 903.1, the minimum civil penalty pursuant under section 907.14, or any other civil penalty for the following misdemeanor criminal offenses or civil violations committed against or involving disaster-affected property in a disaster area if the offender knew or reasonably should have known the property was disaster-affected:
   a.  Illegal dumping or discarding of waste-related offenses in violation of section 455B.307 or 455B.307A.
   b.  Arson in violation of section 712.4.
   c.  Reckless use of fire or explosives in violation of section 712.5.
   d.  Explosive or incendiary material or device offenses in violation of section 712.6, subsection 2 or 3.
   e.  Burglary-related offenses in violation of section 713.6A, subsection 2, or section 713.6B or 713.7.
   f.  Theft offenses in violation of section 714.2, subsection 3, 4, or 5.
   g.  Criminal mischief offenses in violation of section 716.5 or 716.6.
   2.  For purposes of this section, property shall be considered disaster-affected if the property sustained more than de minimis structural damage in the disaster. Factors to be considered in determining whether the offender knew or reasonably should have known the property was disaster-affected include but are not limited to the following: the visibility of the structural damage; the repair work, if any, performed or in the process of being performed on the affected property; and whether any notice was posted on the affected property indicating that certain crimes committed on such property are subject to the doubling of fines and penalties. Notice may but is not required to be posted on the property indicating the property was disaster-affected and that certain crimes committed on the property are subject to the doubling of fines and penalties.
   3.  The doubling of fines and civil penalties pursuant to this section shall apply to criminal offenses identified in this section committed during the incident period under the disaster declaration or proclamation and for three years after the end date of the incident period.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill provides for the doubling of criminal fines and civil penalties in disaster areas.
   Under the bill, if the president of the United States declares a major disaster exists in this state, or the governor proclaims a state of disaster emergency exists, the minimum fine or civil penalty may double for certain criminal offenses and civil violations committed in the disaster area, if the offender knew or reasonably should have known the property was disaster-affected.
   The bill requires disaster-affected property to sustain more than de minimis structural damage in the disaster for the doubling of fines and penalties to apply. Under the bill, the factors to be considered in determining whether the offender knew or reasonably should have known the property was disaster-affected include but are not limited to the following:  the visibility of the structural damage; the repair work, if any, performed or in the process of being performed on the affected property; and whether any notice was posted on the affected property indicating that certain crimes committed on such property are subject to the doubling of fines and civil penalties.
   Under the bill, the owner of disaster-affected property may, but is not required to, post a notice on the property indicating the property was disaster-affected and that certain crimes committed on the property are subject to the doubling of fines and civil penalties.
   The doubling of fines and civil penalties applies to criminal offenses and civil violations committed during the disaster declaration or proclamation and for three years after the date the disaster or disaster emergency ends.
   The bill doubles the minimum fine under Code section 902.9 or the civil penalty under Code section 907.14 for the following felony offenses:  Code sections 711.3 (robbery in the second degree), 711.4 (extortion), 712.3 (arson), 712.6 (explosive or incendiary materials offenses), 713.4 (attempted burglary in the first degree), 713.5 (burglary in the second degree), 713.6 (attempted burglary in the second degree), 713.6A(1) (burglary in the third degree), 714.2(1) (theft in the first degree), 714.2(2) (theft in the second degree), 716.3 (criminal mischief in the first degree), and 716.4 (criminal mischief in the second degree). 
   The bill also doubles the minimum fine pursuant to Code section 903.1 or the civil penalty for the following misdemeanor offenses or civil violations:  Code sections 455B.307 (illegal dumping), 455B.307A (discarding of waste), 712.4 (arson), 712.5 (reckless use of fire or explosives), 712.6 (explosive or incendiary materials offenses), 713.6A(2) (burglary in the third degree), 713.6B (attempted burglary in the third degree), 713.7 (possession of burglar’s tools), 714.2(3) (theft in the third degree), 714.2(4) (theft in the fourth degree), 714.2(5) (theft in the fifth degree), 716.5 (criminal mischief in the third degree), and 716.6 (criminal mischief in the fourth and fifth degrees). 
   The bill takes effect upon enactment.