H.F. 2155 Section 1. Section 905.4, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. Have the authority to establish a 3 prearrest diversion program within the judicial district. 4 Sec. 2. NEW SECTION . 905A.1 Legislative findings. 5 The general assembly encourages local communities and public 6 and private educational institutions to implement a prearrest 7 diversion program that affords certain persons who fulfill 8 specified intervention and community service obligations the 9 opportunity to avoid an arrest record. 10 Sec. 3. NEW SECTION . 905A.2 Definitions. 11 As used in this chapter: 12 1. “Civil citation” means a notice to report for orientation 13 at a prearrest diversion program established by a judicial 14 district. 15 2. “Judicial district” means a judicial district department 16 of correctional services. 17 3. “Person” means an individual eighteen years of age or 18 older. 19 Sec. 4. NEW SECTION . 905A.3 Requirements. 20 1. A person may be issued a civil citation, at the sole 21 discretion of a peace officer, in lieu of issuing a criminal 22 citation or making an arrest for a simple misdemeanor offense 23 or similar local ordinance, if the person admits to the 24 commission of the criminal offense, the person has not been 25 previously been arrested as an adult for such an offense, and a 26 prearrest diversion program has been established by the board 27 of directors of the judicial district in which the person is 28 found. 29 2. A person shall not be allowed to participate in a 30 prearrest diversion program if the criminal offense involves a 31 victim and the victim objects to the participation. 32 Sec. 5. NEW SECTION . 905A.4 Prearrest diversion program —— 33 intake —— community service —— records. 34 1. A person who receives a civil citation shall report for 35 -1- LSB 5634YH (4) 86 jm/rj 1/ 5

H.F. 2155 orientation at the time and place specified by the prearrest 1 diversion program. Orientation may include but is not 2 limited to any combination of the following: an assessment, 3 intervention, educational instruction, or a mental health or 4 substance abuse-related treatment. 5 2. After the completion of orientation, the person may 6 be required to perform the number of community service hours 7 specified by the prearrest diversion program. 8 3. If the person does not complete orientation and the 9 community service hours required within a specified time 10 period, the law enforcement agency issuing the civil citation 11 shall criminally charge the person with the criminal offense 12 that prompted the issuance of the civil citation and the 13 criminal offense shall be referred to the county attorney for 14 criminal prosecution. 15 4. a. If the person successfully completes the requirements 16 of the prearrest diversion program, an arrest record shall not 17 be associated with the commission of the underlying criminal 18 offense. 19 b. The fact of issuance of a civil citation or information 20 regarding the underlying criminal offense that prompted the 21 issuance of the civil citation shall not appear in or be 22 considered a part of a person’s arrest data, correctional data, 23 or disposition data under chapter 692, upon the successful 24 completion of the requirements of a prearrest diversion 25 program. 26 c. The court’s record, if any, of the issuance of a civil 27 citation or the underlying criminal offense that prompted the 28 issuance of the civil citation shall be expunged as defined 29 in section 907.1, upon the successful completion of the 30 requirements of a prearrest diversion program. 31 Sec. 6. NEW SECTION . 905A.5 Criminal offenses eligible for 32 prearrest diversion program. 33 The following criminal offenses or similar local ordinances 34 are eligible for a prearrest diversion program: 35 -2- LSB 5634YH (4) 86 jm/rj 2/ 5

H.F. 2155 1. Consumption or intoxication in public places in 1 violation of section 123.46. 2 2. Purchase, attempt to purchase, consumption, or 3 possession by a person under legal age but eighteen years of 4 age or older in violation of section 123.47, subsections 3 and 5 4. 6 3. Possession of marijuana in violation of section 124.401, 7 subsection 5. 8 4. Possession of drug paraphernalia in violation of section 9 124.414. 10 5. Assault that does not involve domestic abuse punishable 11 under section 708.2, subsection 6. 12 6. Theft of property punishable under section 714.2, 13 subsection 5. 14 7. Trespass in violation of section 716.8, subsection 1. 15 8. Disorderly conduct in violation of section 723.4. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the establishment of prearrest 20 diversion programs for certain offenders. 21 The bill permits the board of directors of a judicial 22 district department of correctional services to establish a 23 prearrest diversion program. 24 Under the bill, the prearrest diversion of a criminal 25 offender begins with the issuance of a civil citation. The 26 bill provides that a person may be issued a civil citation, 27 at the sole discretion of a peace officer, in lieu of issuing 28 a criminal citation or making arrest for a simple misdemeanor 29 or similar local ordinance, if the person admits to the 30 commission of the criminal offense, the person has not been 31 previously been arrested as an adult for such an offense, and a 32 prearrest diversion program has been established by the board 33 of directors of the judicial district. 34 The bill prohibits the participation of a criminal offender 35 -3- LSB 5634YH (4) 86 jm/rj 3/ 5

H.F. 2155 in the program if the criminal offense involves a victim and 1 the victim objects to the participation. 2 Under the bill, a person who receives a civil citation 3 shall report for orientation at the time and place specified 4 by the prearrest diversion program. The bill specifies that 5 orientation may include but is not limited to any combination 6 of the following: an assessment, intervention, educational 7 instruction, or mental health or substance abuse-related 8 treatment. 9 After completion of orientation, the person shall perform 10 the number of community service hours specified by the 11 prearrest diversion program. 12 If the person does not complete orientation and the 13 community service hours required within a specified time 14 period, the bill requires the law enforcement agency issuing 15 the civil citation to criminally charge the person with the 16 criminal offense that prompted the issuance of the civil 17 citation, and the criminal offense shall be referred to the 18 county attorney for criminal prosecution. 19 If the person successfully completes the prearrest diversion 20 program, the bill prohibits an arrest record to be associated 21 with the commission of the criminal offense that prompted the 22 issuance of the civil citation. 23 The bill further specifies that the issuance of a civil 24 citation or the underlying criminal offense that prompted 25 the issuance of the civil citation shall not appear in or be 26 considered a part of a person’s arrest data, correctional data, 27 or disposition data under Code chapter 692, upon the successful 28 completion of a prearrest diversion program. 29 The bill also provides that the court’s record, if any, of 30 the issuance of the civil citation or the underlying criminal 31 offense that prompted the issuance of the civil citation 32 shall be expunged as defined in Code section 907.1, upon the 33 successful completion of the prearrest diversion program. 34 The criminal offenses eligible for the issuance of a civil 35 -4- LSB 5634YH (4) 86 jm/rj 4/ 5

H.F. 2155 citation under the bill include the following criminal offenses 1 or similar local ordinances: consumption or intoxication in 2 public places in violation of Code section 123.46; purchase or 3 attempt to purchase, consumption, or possession by a person 4 under legal age in violation of Code section 123.47 by a person 5 18 years of age or older; possession of marijuana in violation 6 of Code section 124.401(5); possession of drug paraphernalia in 7 violation of Code section 124.414; assault in violation of Code 8 section 708.2(6), that does not involve domestic abuse; theft 9 of property in violation of Code section 714.2(5); trespass in 10 violation of Code section 716.8(1); and disorderly conduct in 11 violation of Code section 723.4. 12 -5- LSB 5634YH (4) 86 jm/rj 5/ 5