Senate
Study
Bill
3077
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
REBUILD
IOWA
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
providing
for
the
doubling
of
criminal
fines
in
disaster
1
areas,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
NEW
SECTION
.
902.15
Criminal
offense
committed
1
in
a
federal
disaster
area.
2
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
minimum
fine
pursuant
to
section
902.9
or
the
minimum
6
civil
penalty
pursuant
to
section
907.14
shall
double
for
the
7
following
felony
criminal
offenses
committed
in
a
disaster
area
8
if
the
offender
knew
the
criminal
offense
was
committed
in
such
9
an
area:
10
1.
Burglary-related
offenses
in
violation
of
section
713.4,
11
713.5,
713.6,
or
713.6A,
subsection
1.
12
2.
Theft
offenses
in
violation
of
section
714.2,
subsection
13
1
or
2.
14
3.
Criminal
mischief
offenses
in
violation
of
section
716.3
15
or
716.4.
16
Sec.
2.
NEW
SECTION
.
903.7
Criminal
offense
committed
in
17
a
federal
disaster
area.
18
When
the
president
of
the
United
States
declares
a
major
19
disaster
exists
in
this
state,
or
the
governor
proclaims
a
20
state
of
disaster
emergency
exists
pursuant
to
section
29C.6,
21
the
minimum
fine
under
section
903.1
or
the
minimum
civil
22
penalty
pursuant
under
section
907.14
shall
double
for
the
23
following
misdemeanor
criminal
offenses
committed
in
a
disaster
24
area
if
the
offender
knew
the
criminal
offense
was
committed
in
25
such
an
area:
26
1.
Burglary-related
offenses
in
violation
of
section
27
713.6A,
subsection
2,
or
section
713.6B
or
713.7.
28
2.
Theft
offenses
in
violation
of
section
714.2,
subsection
29
3,
4,
or
5.
30
3.
Criminal
mischief
offenses
in
violation
of
section
716.5
31
or
716.6.
32
EXPLANATION
33
This
bill
provides
for
the
doubling
of
criminal
fines
in
34
disaster
areas.
35
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_____
Under
the
bill,
if
the
president
of
the
United
States
1
declares
a
major
disaster
exists
in
this
state,
or
the
governor
2
proclaims
a
state
of
disaster
emergency
exists,
the
minimum
3
fine
or
civil
penalty
shall
double
for
certain
criminal
4
offenses
committed
in
the
disaster
area,
if
the
offender
knew
5
the
criminal
offense
was
committed
in
such
an
area.
6
The
bill
doubles
the
minimum
fine
under
Code
section
902.9
or
7
the
civil
penalty
under
Code
section
907.14
for
the
following
8
felony
offenses:
Code
sections
714.4
(attempted
burglary
in
9
the
first
degree),
713.5
(burglary
in
the
second
degree),
713.6
10
(attempted
burglary
in
the
second
degree),
713.6A(1)
(burglary
11
in
the
third
degree),
714.2(1)
(theft
in
the
first
degree),
12
714.2(2)
(theft
in
the
second
degree),
716.3
(criminal
mischief
13
in
the
first
degree),
and
716.4
(criminal
mischief
in
the
14
second
degree).
15
The
bill
also
doubles
the
minimum
fine
pursuant
to
16
Code
section
903.1
or
the
civil
penalty
for
the
following
17
misdemeanor
offenses:
Code
sections
713.6A(2)
(burglary
in
the
18
third
degree),
713.6B
(attempted
burglary
in
the
third
degree),
19
713.7
(possession
of
burglar’s
tools),
714.2(3)
(theft
in
the
20
third
degree),
714.2(4)
(theft
in
the
fourth
degree),
714.2(5)
21
(theft
in
the
fifth
degree),
716.5
(criminal
mischief
in
the
22
third
degree),
and
714.6
(criminal
mischief
in
the
fourth
and
23
fifth
degrees).
24
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