SF 2361 (LSB 1462SV (5) 83)

SENATE FILE 2361

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1203)

A BILL FOR

An Act relating to criminal law by making changes to existing criminal offenses, deferred judgments and expunged records, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.51, Code 2009, is amended to read as follows:
   232.51  Disposition of child with mental illness or mental retardation.

   If the evidence received at an adjudicatory or a dispositional hearing indicates that the child is mentally ill, the court may direct the juvenile court officer or the department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in the juvenile court. These proceedings in the juvenile court shall adhere to the requirements of chapter 229. If the evidence received at an adjudicatory or a dispositional hearing indicates that the child is mentally retarded, the court may direct the juvenile court officer or the department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in the juvenile court. These proceedings shall adhere to the requirements of chapter 222. If the child is committed as a child with mental illness or mental retardation, any order adjudicating the child to have committed a delinquent act shall be set aside and the petition shall be dismissed.
    Sec. 2.  Section 236.2, subsection 2, paragraph c, Code Supplement 2009, is amended to read as follows:
   c.  The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
    Sec. 3.  Section 719.1, subsections 1 and 2, Code 2009, are amended to read as follows:
   1.  a.  A person who knowingly resists or obstructs anyone known by the person to be a peace officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection paragraph shall include assessment of a fine of not less than two hundred fifty dollars. However, if a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated misdemeanor. If a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts or attempts to inflict serious injury, or displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, that person commits a class “D” felony.
   b.  If a person commits a violation of paragraph “a” which results in bodily injury, the person commits an aggravated misdemeanor.
   c.  If a person commits a violation of paragraph “a” which results in serious injury, or the person displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, the person commits a class “D” felony.
   2.  a.  A person under the custody, control, or supervision of the department of corrections who knowingly resists, obstructs, or interferes with a correctional officer, agent, employee, or contractor, whether paid or volunteer, in the performance of the person’s official duties, commits a serious misdemeanor. If a person violates this subsection and in so doing commits an assault, as defined in section 708.1, the person commits an aggravated misdemeanor. If a person violates this subsection and in so doing inflicts or attempts to inflict bodily injury other than serious injury to another, displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, the person commits a class “D” felony. If a person violates this subsection and uses or attempts to use a dangerous weapon, as defined in section 702.7, or inflicts serious injury to another, the person commits a class “C” felony.
   b.  If a person violates paragraph “a” and commits an assault, as defined in section 708.1, the person commits an aggravated misdemeanor.
   c.  If a person commits a violation of paragraph “a” which results in serious injury, or the person displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, the person commits a class “D” felony.
   d.  If a person commits a violation of paragraph “a” and uses or attempts to use a dangerous weapon, as defined in section 702.7, or the violation results in serious injury to another, the person commits a class “C” felony.
    Sec. 4.  Section 728.5, Code 2009, is amended to read as follows:
   728.5  Public indecent exposure in certain establishments.

   1.  An owner, manager, or person who exercises direct control over a place of business required to obtain a sales tax permit shall be guilty of a serious misdemeanor under any of the following circumstances:
   1.  a.  If such person allows or permits the actual or simulated public performance of any sex act upon or in such place of business.
   2.  b.  If such person allows or permits the exposure of the genitals or buttocks or female breast of any person who acts as a waiter or waitress.
   3.  c.  If such person allows or permits the exposure of the genitals or female breast nipple of any person who acts as an entertainer, whether or not the owner of the place of business in which the activity is performed employs or pays any compensation to such person to perform such activity.
   4.  d.  If such person allows or permits any person to remain in or upon the place of business who exposes to public view the person’s genitals, pubic hair, or anus.
   5.  e.  If such person advertises that any activity prohibited by this section is allowed or permitted in such place of business.
   6.  f.  If such person allows or permits a minor to engage in or otherwise perform in a live act intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
   2.  However, if such person allows or permits a minor to participate in any act included in subsections 1 through 4 subsection 1, paragraphs “a” through “d”, the person shall be guilty of an aggravated misdemeanor.
   3.  The Except for subsection 1, paragraph “f”, the provisions of this section shall not apply to a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances.
    Sec. 5.  Section 728.8, Code 2009, is amended to read as follows:
   728.8  Suspension of licenses or permits.

   Any person who knowingly permits a violation of section 728.2, 728.3, or 728.5, subsection 6 1, paragraph “f”, to occur on premises under the person’s control shall have all permits and licenses issued to the person under state or local law as a prerequisite for doing business on such premises revoked for a period of six months. The county attorney shall notify all agencies responsible for issuing licenses and permits of any conviction under section 728.2, 728.3, or 728.5, subsection 6 1, paragraph “f”.
    Sec. 6.  Section 907.1, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  “Expunged” means the court’s criminal record with reference to a deferred judgment has been segregated in an area or database which is secured from public access.
    Sec. 7.  Section 907.4, Code 2009, is amended to read as follows:
   907.4  Deferred judgment docket.

   1.  A deferment of judgment under section 907.3 shall be entered promptly by the clerk of the district court, or the clerk’s designee, into the deferred judgment database of the state, which shall serve as the deferred judgment docket. The deferred judgment docket shall be maintained by the state court administrator and shall not be destroyed.  The docket shall contain a permanent record of the deferred judgment including the name and date of birth of the defendant, the district court docket number, the nature of the offense, and the date of the deferred judgment. Before granting deferred judgment in any case, the court shall search the deferred judgment docket and shall consider any prior record of a deferred judgment against the defendant.
   2.  The permanent record provided for in this section subsection 1 is a confidential record exempted from public access under section 22.7 and shall be available only to justices of the supreme court, judges of the court of appeals, district judges, district associate judges, judicial magistrates, clerks of the district court, judicial district departments of correctional services, county attorneys, and the department of corrections requesting information pursuant to this section, or the designee of a justice, judge, magistrate, clerk, judicial district department of correctional services, or county attorney, or department.
    Sec. 8.  Section 907.9, subsection 4, Code 2009, is amended to read as follows:
   4.  At the expiration of the period of probation if the fees imposed under section 905.14 and court debt collected pursuant to section 602.8107 have been paid, the court shall order the discharge of the person from probation. If portions of the court debt remain unpaid, the person shall establish a payment plan with the clerk of the district court or the county attorney prior to the discharge. The court shall forward to the governor a recommendation for or against restoration of citizenship rights to that person upon discharge. A person who has been discharged from probation shall no longer be held to answer for the person’s offense.
   4A.  Upon discharge from probation, if judgment has been deferred under section 907.3, the court’s criminal record with reference to the deferred judgment shall be expunged. The record maintained by the state court administrator as required by section 907.4 shall not be expunged.  The expunged record is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court, upon request and without court order, to an agency or person granted access to the deferred docket under section 907.4. The court’s record shall not be expunged in any other circumstances unless otherwise authorized by law.
EXPLANATION
   This bill makes changes to criminal offenses, relates to deferred judgments and expunged records, and makes penalties applicable.
   The amendment to Code section 232.51 strikes a provision permitting an order adjudicating a child to have committed a delinquent act to be set aside if the child is committed as a child with mental illness or mental retardation.
   The amendment to Code section 236.2 specifies that a person commits domestic abuse if the assault is between persons who are parents of the same child. Currently, the law specifies that the parents be the parents of the same minor child.
   The amendment to Code section 719.1 divides each criminal offense under Code section 719.1 into separate paragraphs.
   The amendment to Code section 719.1(1) also provides that a person commits an aggravated misdemeanor interference with official acts offense, if the offense results in bodily injury to a peace officer, fire fighter, or emergency medical care provider. Current law provides that a person commits an aggravated misdemeanor interference with official acts offense, if the person inflicts bodily injury on such persons.
   The amendment to Code section 719.1(1) provides that a person commits a class “D” felony interference with official acts offense, if the violation results in serious injury to a peace officer, fire fighter, or emergency medical care provider. Current law provides that a person commits a class “D” felony interference with official acts offense, if the person inflicts or attempts to inflict serious injury on such persons.
   The amendment to Code section 719.1(2) provides that a person commits a class “D” felony interference with official acts offense on a correctional officer, or similar type of employee or volunteer, if the violation results in serious injury to another person. Current law provides that a person commits a class “D” felony interference with official acts offense on such a person, if the person inflicts or attempts to inflict bodily injury upon another person.
   The amendment to Code section 719.1(2) also provides that a person commits a class “C” felony interference with official acts on a correctional officer, or similar type of employee or volunteer, if the violation results in serious injury on another person. Current law provides that a person commits a class “C” felony interference with official acts offense such a person, if the person inflicts serious injury to another person.
   The amendment to Code section 728.5 provides that a person commits a serious misdemeanor for permitting public indecent exposure in a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts if such person allows or permits a minor to engage in a live act intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
   The amendments to Code sections 907.1, 907.4, and 907.9 relate to deferred judgment criminal records.
   The bill defines “expunged” to mean the court’s criminal record with reference to a deferred judgment has been segregated into a separate area or database which is secured from public access. The expunged record is a confidential record exempt from public access, but shall be made available by the clerk of the district court, upon request and without court order, to the agencies or persons granted access to the deferred judgment docket under Code section 907.4.
   Currently, the court’s criminal record relating to a deferred judgment is expunged, but a record of the deferred judgment is made permanent in the deferred judgment docket. The permanent record in the deferred judgment docket under current law includes the name and date of birth of the defendant, the district court docket number, the nature of the offense, and the date of the deferred judgment.
   The bill also strikes a provision in Code section 907.9 requiring the state court administrator to maintain deferred judgment records and moves the provision to Code section 907.4.
   The bill also provides that the court’s record shall not be expunged unless otherwise authorized by law. Current law authorizes criminal records to be expunged under Code sections 123.46, 321.211A, and 321.385A.