Senate File 2225 - Introduced SENATE FILE 2225 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2147) (SUCCESSOR TO SSB 3077) A BILL FOR An Act providing for the doubling of criminal fines and civil 1 penalties in disaster areas, providing penalties, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5705SZ (2) 83 jm/nh

S.F. 2225 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 court may double the minimum fine pursuant to section 902.9 6 or the minimum civil penalty pursuant to section 907.14 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. Notice may 33 but is not required to be posted on the property indicating 34 the property was disaster-affected and that certain crimes 35 -1- LSB 5705SZ (2) 83 jm/nh 1/ 5

S.F. 2225 committed on the property are subject to the doubling of fines 1 and penalties. 2 3. The doubling of fines and civil penalties pursuant to 3 this section shall apply to criminal offenses identified in 4 this section committed during the incident period under the 5 disaster declaration or proclamation and for three years after 6 the end date of the incident period. 7 Sec. 2. NEW SECTION . 903.7 Criminal offenses committed in 8 federal and state disaster areas. 9 1. When the president of the United States declares a major 10 disaster exists in this state, or the governor proclaims a 11 state of disaster emergency exists pursuant to section 29C.6, 12 the court may double the minimum fine under section 903.1, 13 the minimum civil penalty pursuant under section 907.14, 14 or any other civil penalty for the following misdemeanor 15 criminal offenses or civil violations committed against or 16 involving disaster-affected property in a disaster area if the 17 offender knew or reasonably should have known the property was 18 disaster-affected: 19 Oa. Illegal dumping or discarding of waste-related offenses 20 in violation of section 455B.307 or 455B.307A. 21 a. Arson in violation of section 712.4. 22 b. Reckless use of fire or explosives in violation of 23 section 712.5. 24 c. Explosive or incendiary material or device offenses in 25 violation of section 712.6, subsection 2 or 3. 26 d. Burglary-related offenses in violation of section 713.6A, 27 subsection 2, or section 713.6B or 713.7. 28 e. Theft offenses in violation of section 714.2, subsection 29 3, 4, or 5. 30 f. Criminal mischief offenses in violation of section 716.5 31 or 716.6. 32 2. For purposes of this section, property shall be 33 considered disaster-affected if the property sustained more 34 than de minimis structural damage in the disaster. Factors 35 -2- LSB 5705SZ (2) 83 jm/nh 2/ 5

S.F. 2225 to be considered in determining whether the offender knew or 1 reasonably should have known the property was disaster-affected 2 include but are not limited to the following: the visibility 3 of the structural damage; the repair work, if any, performed 4 or in the process of being performed on the affected property; 5 and whether any notice was posted on the affected property 6 indicating that certain crimes committed on such property are 7 subject to the doubling of fines and penalties. Notice may 8 but is not required to be posted on the property indicating 9 the property was disaster-affected and that certain crimes 10 committed on the property are subject to the doubling of fines 11 and penalties. 12 3. The doubling of fines and civil penalties pursuant to 13 this section shall apply to criminal offenses identified in 14 this section committed during the incident period under the 15 disaster declaration or proclamation and for three years after 16 the end date of the incident period. 17 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 18 immediate importance, takes effect upon enactment. 19 EXPLANATION 20 This bill provides for the doubling of criminal fines and 21 civil penalties in disaster areas. 22 Under the bill, if the president of the United States 23 declares a major disaster exists in this state, or the governor 24 proclaims a state of disaster emergency exists, the minimum 25 fine or civil penalty may double for certain criminal offenses 26 and civil violations committed in the disaster area, if the 27 offender knew or reasonably should have known the property was 28 disaster-affected. 29 The bill requires disaster-affected property to sustain 30 more than de minimis structural damage in the disaster for 31 the doubling of fines and penalties to apply. Under the 32 bill, the factors to be considered in determining whether the 33 offender knew or reasonably should have known the property 34 was disaster-affected include but are not limited to the 35 -3- LSB 5705SZ (2) 83 jm/nh 3/ 5

S.F. 2225 following: the visibility of the structural damage; the repair 1 work, if any, performed or in the process of being performed 2 on the affected property; and whether any notice was posted on 3 the affected property indicating that certain crimes committed 4 on such property are subject to the doubling of fines and civil 5 penalties. 6 Under the bill, the owner of disaster-affected property 7 may, but is not required to, post a notice on the property 8 indicating the property was disaster-affected and that certain 9 crimes committed on the property are subject to the doubling 10 of fines and civil penalties. 11 The doubling of fines and civil penalties applies to 12 criminal offenses and civil violations committed during the 13 disaster declaration or proclamation and for three years after 14 the date the disaster or disaster emergency ends. 15 The bill doubles the minimum fine under Code section 902.9 or 16 the civil penalty under Code section 907.14 for the following 17 felony offenses: Code sections 711.3 (robbery in the second 18 degree), 711.4 (extortion), 712.3 (arson), 712.6 (explosive 19 or incendiary materials offenses), 713.4 (attempted burglary 20 in the first degree), 713.5 (burglary in the second degree), 21 713.6 (attempted burglary in the second degree), 713.6A(1) 22 (burglary in the third degree), 714.2(1) (theft in the first 23 degree), 714.2(2) (theft in the second degree), 716.3 (criminal 24 mischief in the first degree), and 716.4 (criminal mischief in 25 the second degree). 26 The bill also doubles the minimum fine pursuant to 27 Code section 903.1 or the civil penalty for the following 28 misdemeanor offenses or civil violations: Code sections 29 455B.307 (illegal dumping), 455B.307A (discarding of waste), 30 712.4 (arson), 712.5 (reckless use of fire or explosives), 31 712.6 (explosive or incendiary materials offenses), 713.6A(2) 32 (burglary in the third degree), 713.6B (attempted burglary 33 in the third degree), 713.7 (possession of burglar’s tools), 34 714.2(3) (theft in the third degree), 714.2(4) (theft in the 35 -4- LSB 5705SZ (2) 83 jm/nh 4/ 5

S.F. 2225 fourth degree), 714.2(5) (theft in the fifth degree), 716.5 1 (criminal mischief in the third degree), and 716.6 (criminal 2 mischief in the fourth and fifth degrees). 3 The bill takes effect upon enactment. 4 -5- LSB 5705SZ (2) 83 jm/nh 5/ 5