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
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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
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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,
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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.
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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
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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
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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
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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.
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