Senate File 2338 - Introduced SENATE FILE 2338 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3165) A BILL FOR An Act modifying criminal offenses, penalties, and the sex 1 offender registry and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5214SV (2) 83 jm/rj
S.F. 2338 Section 1. Section 123.46, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. A person shall not use or consume alcoholic liquor, wine, 3 or beer upon the public streets or highways. A person shall 4 not use or consume alcoholic liquor in any public place except 5 premises covered by a liquor control license. A person shall 6 not possess or consume alcoholic liquors, wine, or beer on 7 public school property or while attending a public or private 8 school-related function. A person shall not be intoxicated or 9 simulate intoxication in a public place. A person violating 10 this subsection is guilty of a simple misdemeanor. 11 Sec. 2. Section 123.46, Code 2009, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 2A. A person shall not simulate 14 intoxication in a public place. A person violating this 15 subsection is guilty of a simple misdemeanor. 16 Sec. 3. Section 229A.2, subsection 10, paragraph a, Code 17 2009, is amended to read as follows: 18 a. A violation of any provision of chapter 709 , except 19 section 709.18, subsection 2 or 3 . 20 Sec. 4. Section 235B.2, subsection 13, Code Supplement 21 2009, is amended to read as follows: 22 13. “Serious injury” means a disabling mental illness, or 23 a bodily injury which creates a substantial risk of death or 24 which causes serious permanent disfigurement, or protracted 25 loss or impairment of the function of any bodily member or 26 organ the same as defined in section 702.18 . 27 Sec. 5. Section 272.2, subsection 14, paragraph b, 28 subparagraph (1), subparagraph division (b), subparagraph 29 subdivision (iii), Code Supplement 2009, is amended by striking 30 the subparagraph subdivision. 31 Sec. 6. Section 321J.1, subsection 9, Code 2009, is amended 32 to read as follows: 33 9. “Serious injury” means a bodily injury which creates a 34 substantial risk of death, or which causes serious permanent 35 -1- LSB 5214SV (2) 83 jm/rj 1/ 7
S.F. 2338 disfigurement, or which causes protracted loss or impairment 1 of the function of any bodily organ or major bodily member, or 2 which causes the loss of any bodily member the same as defined 3 in section 702.18 . 4 Sec. 7. Section 462A.2, subsection 36, Code 2009, is amended 5 to read as follows: 6 36. “Serious injury” means a bodily injury which creates a 7 substantial risk of death, or which causes serious permanent 8 disfigurement, or which causes protracted loss or impairment 9 of the function of any bodily organ or major bodily member, or 10 which causes the loss of any bodily member the same as defined 11 in section 702.18 . 12 Sec. 8. Section 692A.102, subsection 1, paragraph b, 13 subparagraph (1), Code Supplement 2009, is amended by striking 14 the subparagraph. 15 Sec. 9. Section 692A.102, subsection 1, paragraph b, 16 Code Supplement 2009, is amended by adding the following new 17 subparagraph: 18 NEW SUBPARAGRAPH . (13A) Sexual abuse of a corpse in 19 violation of section 709.18. 20 Sec. 10. Section 702.11, subsection 2, Code 2009, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . f. Assault in violation of section 708.2, 23 subsection 4. 24 Sec. 11. Section 708.2, subsection 4, Code 2009, is amended 25 to read as follows: 26 4. A person who commits an assault, as defined in section 27 708.1, and without the intent to inflict serious injury, 28 but who causes serious injury, is guilty of a class “D” felony. 29 Sec. 12. Section 708.6, Code 2009, is amended to read as 30 follows: 31 708.6 Intimidation with a dangerous weapon. 32 1. A person commits a class “C” felony when the person, 33 with the intent to injure or provoke fear or anger in another, 34 shoots, throws, launches, or discharges a dangerous weapon at, 35 -2- LSB 5214SV (2) 83 jm/rj 2/ 7
S.F. 2338 into, or in a building, vehicle, airplane, railroad engine, 1 railroad car, or boat, occupied by another person, or within an 2 assembly of people, and thereby places the occupants or people 3 in reasonable apprehension of serious injury or threatens to 4 commit such an act under circumstances raising a reasonable 5 expectation that the threat will be carried out. 6 2. A person commits a class “D” felony when the person 7 recklessly shoots, throws, launches, or discharges a dangerous 8 weapon at, into, or in a building, vehicle, airplane, railroad 9 engine, railroad car, or boat, occupied by another person, or 10 within an assembly of people, and thereby places the occupants 11 or people in reasonable apprehension of serious injury or 12 threatens to commit such an act under circumstances raising a 13 reasonable expectation that the threat will be carried out. 14 Sec. 13. NEW SECTION . 708.14 Abuse of a corpse. 15 1. A person commits abuse of a human corpse if the person 16 does any of the following: 17 a. Mutilates, disfigures, or dismembers a human corpse with 18 the intent to conceal a crime. 19 b. Hides or buries a human corpse with the intent to conceal 20 a crime. 21 2. A person who violates this section commits a class “D” 22 felony. 23 Sec. 14. Section 709.18, Code 2009, is amended to read as 24 follows: 25 709.18 Abuse Sexual abuse of a corpse. 26 1. A person commits sexual abuse of a human corpse if the 27 person knowingly and intentionally engages in a sex act, as 28 defined in section 702.17, with a human corpse. 29 2. A person commits abuse of a human corpse if the person 30 mutilates, disfigures, or dismembers a human corpse with the 31 intent to conceal a crime. 32 3. A person commits abuse of a human corpse if the person 33 hides or buries a human corpse with the intent to conceal a 34 crime. 35 -3- LSB 5214SV (2) 83 jm/rj 3/ 7
S.F. 2338 4. 2. A person who violates this section commits a class 1 “D” felony. 2 Sec. 15. Section 907.7, subsection 1, Code 2009, is amended 3 to read as follows: 4 1. The length of the probation shall be for a term period as 5 the court shall fix but not to exceed five years if the offense 6 is a felony or not to exceed two years if the offense is a 7 misdemeanor. The period of probation may be extended for up 8 to one year including one year beyond the maximum period as 9 provided in section 908.11. 10 Sec. 16. Section 908.11, subsection 4, Code 2009, is amended 11 to read as follows: 12 4. If the violation is established, the court may continue 13 the probation or youthful offender status with or without 14 an alteration of the conditions of probation or a youthful 15 offender status. If the defendant is an adult or a youthful 16 offender the court may hold the defendant in contempt of court 17 and sentence the defendant to a jail term while continuing the 18 probation or youthful offender status, order the defendant 19 to be placed in a violator facility established pursuant to 20 section 904.207 while continuing the probation or youthful 21 offender status, extend the term of probation for up to one 22 year as authorized in section 907.7 while continuing the 23 probation or youthful offender status, or revoke the probation 24 or youthful offender status and require the defendant to serve 25 the sentence imposed or any lesser sentence, and, if imposition 26 of sentence was deferred, may impose any sentence which might 27 originally have been imposed. 28 Sec. 17. Section 910.4, subsection 1, paragraph b, 29 subparagraph (1), Code 2009, is amended to read as follows: 30 (1) If the court extends the period of probation, it the 31 period of probation shall not be for more than the maximum 32 period of probation for the offense committed except for an 33 extension of a period of probation as provided authorized in 34 section 907.7. After discharge from probation or after 35 -4- LSB 5214SV (2) 83 jm/rj 4/ 7
S.F. 2338 the expiration of the period of probation , as extended if 1 applicable , the failure of an offender to comply with the plan 2 of restitution ordered by the court shall constitute contempt 3 of court. 4 Sec. 18. REPEAL. Sections 321.406 and 709.7, Code 2009, 5 are repealed. 6 Sec. 19. APPLICABILITY. This Act applies to criminal 7 offenses committed on or after July 1, 2010. 8 EXPLANATION 9 This bill modifies criminal offenses, penalties, and the sex 10 offender registry. 11 The bill relates to simulated public intoxication. The bill 12 transfers the criminal offense of simulated public intoxication 13 in a public place from Code section 123.46, subsection 2, to 14 Code section 123.46, new subsection 2A. The bill does not 15 modify the criminal penalty for simulated public intoxication. 16 A person who commits simulated public intoxication. A person 17 who commits simulated public intoxication in a public place 18 commits a simple misdemeanor. 19 The bill modifies the definition of “serious injury” in 20 Code chapters 235B (dependent adult abuse), 321J (operating 21 while intoxicated), and 462A (water navigation regulations). 22 The bill, by modifying the definitions of “serious injury” in 23 the affected Code chapters, makes the definition of “serious 24 injury” consistent with the definition of “serious injury” in 25 Code section 702.18, applicable to the Iowa criminal code. 26 The bill transfers some “abuse of a corpse” provisions from 27 Code section 709.18 to Code chapter 708 (assault) and creates 28 new Code section 708.14. The bill renames the “abuse of a 29 corpse” offense remaining in Code section 709.18 as “sexual 30 abuse of a corpse”. The bill requires a person who commits 31 sexual abuse of a corpse to register as a tier II sex offender. 32 A tier II offender must verify the offender’s relevant 33 information with the county sheriff of the principal place 34 of residence every six months. The bill does not modify the 35 -5- LSB 5214SV (2) 83 jm/rj 5/ 7
S.F. 2338 penalty classification for the criminal offense that remains in 1 Code section 709.18 or for the criminal offenses transferred 2 to new Code section 708.14. A person who commits a violation 3 of the bill commits a class “D” felony. The bill does effect 4 the criminal penalties applicable to the criminal offenses 5 transferred to new Code section 708.14. Under the bill, as 6 a result of transferring the criminal offenses to new Code 7 section 708.14, these transferred offenses are no longer sexual 8 offenses under Code chapter 709 and therefore not subject to a 9 special sentence pursuant to Code section 903B.2. 10 The bill provides that a person who commits an assault 11 without the intent to inflict serious injury, but who causes 12 serious injury, commits a class “D” felony. The bill exempts 13 the modified assault provision from the definition of forcible 14 felony under Code section 702.11. By exempting the modified 15 assault provision from the definition of forcible felony, a 16 person convicted of such an offense is eligible to receive a 17 deferred judgment, or a suspended or deferred sentence under 18 Code section 907.3. 19 The bill modifies the elements to prove a class “D” felony 20 offense of intimidation with a dangerous weapon by adding a 21 mens rea component to the offense. Under the bill, a person 22 commits a class “D” felony intimidation with a dangerous weapon 23 offense if a person “recklessly” performs the actions required 24 to be convicted of such an offense. 25 The bill provides that a judge may extend a period of 26 probation, for up to one year including one year beyond 27 the maximum period, if a violation of probation has been 28 established. The bill also requires the court to inform a 29 defendant, at the time of sentencing, that the period of 30 probation may be extended for up to one year if a violation of 31 probation is established. 32 The bill repeals Code section 321.406, which limits the use 33 of cowl lamps on motor vehicles to no more than two such lamps 34 emitting amber or white light without glare. The punishment 35 -6- LSB 5214SV (2) 83 jm/rj 6/ 7
S.F. 2338 for Code section 321.406 is a simple misdemeanor as provided 1 in Code section 321.482. 2 The bill repeals the criminal offense of detention in a 3 brothel. A similar criminal offense exists in Code chapter 4 710A (human trafficking). 5 The bill applies to criminal offenses committed on or after 6 July 1, 2010. 7 -7- LSB 5214SV (2) 83 jm/rj 7/ 7