H.F. 2367 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. A person may be issued a civil citation, at the 21 sole discretion of a peace officer, in lieu of issuing a 22 criminal citation or making an arrest for a simple misdemeanor 23 offense or similar local ordinance, if the person accepts 24 responsibility for the commission of the criminal offense, the 25 person has not been previously been arrested as an adult for 26 such an offense, and a prearrest diversion program has been 27 established by the board of directors of the judicial district 28 in which the person is found. 29 b. A person’s acceptance of responsibility for the 30 offense shall not be considered a confession and shall not be 31 admissible in a criminal prosecution for the underlying simple 32 misdemeanor offense or similar local ordinance that prompted 33 the issuance of the civil citation. 34 2. A person shall not be allowed to participate in a 35 -1- LSB 5634HV (3) 86 jm/rj 1/ 6

H.F. 2367 prearrest diversion program if the criminal offense involves a 1 victim and the victim objects to the participation. 2 3. A civil citation is not subject to examination or 3 disclosure under chapter 22. 4 Sec. 5. NEW SECTION . 905A.4 Prearrest diversion program —— 5 intake —— community service —— records. 6 1. A person who receives a civil citation shall report for 7 orientation at the time and place specified by the prearrest 8 diversion program. Orientation may include but is not 9 limited to any combination of the following: an assessment, 10 intervention, educational instruction, or a mental health or 11 substance abuse-related treatment. 12 2. After the completion of orientation, the person may 13 be required to perform the number of community service hours 14 specified by the prearrest diversion program. 15 3. If the person does not complete orientation and the 16 community service hours required within a specified time 17 period, the law enforcement agency issuing the civil citation 18 shall criminally charge the person with the criminal offense 19 that prompted the issuance of the civil citation and the 20 criminal offense shall be referred to the county attorney for 21 criminal prosecution. 22 4. a. If the person successfully completes the requirements 23 of the prearrest diversion program, an arrest record shall not 24 be associated with the commission of the underlying criminal 25 offense. 26 b. The fact of issuance of a civil citation or information 27 regarding the underlying criminal offense that prompted the 28 issuance of the civil citation shall not appear in or be 29 considered a part of a person’s arrest data, correctional data, 30 or disposition data under chapter 692, upon the successful 31 completion of the requirements of a prearrest diversion 32 program. 33 c. The court’s record, if any, of the issuance of a civil 34 citation or the underlying criminal offense that prompted the 35 -2- LSB 5634HV (3) 86 jm/rj 2/ 6

H.F. 2367 issuance of the civil citation shall be expunged as defined 1 in section 907.1, upon the successful completion of the 2 requirements of a prearrest diversion program. 3 Sec. 6. NEW SECTION . 905A.5 Criminal offenses eligible for 4 prearrest diversion program. 5 A simple misdemeanor offense or similar local ordinance 6 is eligible for a prearrest diversion program, except the 7 following simple misdemeanor offenses or similar local 8 ordinances shall not be eligible for a prearrest diversion 9 program: 10 1. Possession of drug paraphernalia in violation of section 11 124.414. 12 2. Domestic abuse assault in violation of section 708.2A, 13 subsection 2, paragraph “a” . 14 Sec. 7. NEW SECTION . 905A.6 Fees. 15 1. A person placed in a prearrest diversion program shall 16 be required to pay an enrollment fee of three hundred dollars 17 to the judicial district to offset the costs of the program. 18 In addition to the enrollment fee, the district department may 19 require a person to pay a fee to the district department to 20 offset the costs of providing other programming to the person. 21 2. Each district department shall retain fees collected for 22 administrative and program services. 23 3. The department of corrections may adopt rules on behalf 24 of a judicial district for the administration of this section. 25 If adopted, the rules shall include a provision for waiving the 26 collection of fees for persons determined to be unable to pay. 27 Sec. 8. NEW SECTION . 905A.7 Immunity —— peace officers 28 defended. 29 1. A civil or criminal action shall not be commenced against 30 a peace officer for exercising discretion under section 905A.3. 31 2. Section 670.8 shall apply to a civil or criminal 32 action commenced against a peace officer for exercising such 33 discretion. 34 EXPLANATION 35 -3- LSB 5634HV (3) 86 jm/rj 3/ 6

H.F. 2367 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the establishment of prearrest 3 diversion programs for certain simple misdemeanants. 4 The bill permits the board of directors of a judicial 5 district department of correctional services to establish a 6 prearrest diversion program. 7 Under the bill, the prearrest diversion of a criminal 8 offender begins with the issuance of a civil citation. The 9 bill provides that a person may be issued a civil citation, 10 at the sole discretion of a peace officer, in lieu of issuing 11 a criminal citation or making arrest for certain simple 12 misdemeanors or similar local ordinance, if the person accepts 13 responsibility for the commission of the criminal offense, the 14 person has not been previously been arrested as an adult for 15 such an offense, and a prearrest diversion program has been 16 established by the board of directors of the judicial district. 17 The bill provides that a person’s acceptance of 18 responsibility for the commission of the criminal offense shall 19 not be considered a confession and shall not be admissible in a 20 criminal prosecution for the underlying criminal offense. 21 The bill specifies that a civil citation is not subject to 22 examination or disclosure under Code chapter 22. 23 The bill prohibits the participation of a criminal offender 24 in the program if the criminal offense involves a victim and 25 the victim objects to the participation. 26 Under the bill, a person who receives a civil citation 27 shall report for orientation at the time and place specified 28 by the prearrest diversion program. The bill specifies that 29 orientation may include but is not limited to any combination 30 of the following: an assessment, intervention, educational 31 instruction, or mental health or substance abuse-related 32 treatment. 33 After completion of orientation, the person may be required 34 to perform community service hours specified by the prearrest 35 -4- LSB 5634HV (3) 86 jm/rj 4/ 6

H.F. 2367 diversion program. 1 If the person does not complete orientation and the 2 community service hours required, if any, within a specified 3 time period, the bill requires the law enforcement agency 4 issuing the civil citation to criminally charge the person with 5 the criminal offense that prompted the issuance of the civil 6 citation, and the criminal offense shall be referred to the 7 county attorney for criminal prosecution. 8 If the person successfully completes the prearrest diversion 9 program, the bill prohibits an arrest record to be associated 10 with the commission of the criminal offense that prompted the 11 issuance of the civil citation. 12 The bill further specifies that the issuance of a civil 13 citation or the underlying criminal offense that prompted 14 the issuance of the civil citation shall not appear in or be 15 considered a part of a person’s arrest data, correctional data, 16 or disposition data under Code chapter 692, upon the successful 17 completion of a prearrest diversion program. 18 The bill also provides that the court’s record, if any, of 19 the issuance of the civil citation or the underlying criminal 20 offense that prompted the issuance of the civil citation 21 shall be expunged as defined in Code section 907.1, upon the 22 successful completion of the prearrest diversion program. 23 The criminal offenses eligible for the issuance of a civil 24 citation under the bill include all simple misdemeanors or 25 violations of similar local ordinances except for possession 26 of drug paraphernalia in violation of Code section 124.414 or 27 domestic abuse assault in violation of Code section 708.2A. 28 The bill requires a person placed in a prearrest diversion 29 program to pay an enrollment fee of $300 to the judicial 30 district to offset the costs of the program. In addition to 31 the enrollment fee, the bill allows the judicial district to 32 charge a fee to offset the costs of other programming provided 33 to the person placed in the program. The bill allows the 34 judicial district to retain the fees collected pursuant to the 35 -5- LSB 5634HV (3) 86 jm/rj 5/ 6

H.F. 2367 bill. The bill provides that the department of corrections 1 may adopt rules on behalf of a judicial district to administer 2 the bill, but any rules, if adopted, shall include a provision 3 for waiving the collection of fees for persons determined to 4 be unable to pay. 5 The bill prohibits the commencement of any civil or criminal 6 action against a peace officer for exercising discretion when 7 issuing a civil citation in lieu of a criminal citation. The 8 bill also requires the governing body to defend a peace officer 9 from civil actions filed against the officer for issuing a 10 civil citation in lieu of a criminal citation under the bill. 11 -6- LSB 5634HV (3) 86 jm/rj 6/ 6