Senate File 2164 - Introduced SENATE FILE 2164 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2023) A BILL FOR An Act relating to the expungement of criminal offenses 1 for alcohol consumption in public, public intoxication, 2 simulated public intoxication, or similar local ordinances, 3 or when a finding of contempt has been entered, and 4 including applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5430SV (4) 86 jm/rj

S.F. 2164 Section 1. Section 123.46, subsection 6, Code 2016, is 1 amended to read as follows: 2 6. Upon the expiration of two years following conviction 3 for a violation of this section and a violation of a local 4 ordinance that arose from the same transaction or occurrence , 5 a person may petition the court to expunge the conviction 6 including the conviction for a violation of a local ordinance 7 that arose from the same transaction or occurrence , and if 8 the person has had no other criminal convictions, other than 9 local traffic violations or simple misdemeanor violations of 10 chapter 321 during the two-year period, the conviction and the 11 conviction for a violation of a local ordinance that arose 12 from the same transaction or occurrence shall be expunged as 13 a matter of law. The court shall enter an order that the 14 record of the conviction and the conviction for a violation 15 of a local ordinance that arose from the same transaction or 16 occurrence be expunged by the clerk of the district court. 17 Notwithstanding section 692.2 , after receipt of notice from the 18 clerk of the district court that a record of conviction and 19 the conviction for a violation of a local ordinance that arose 20 from the same transaction or occurrence has been expunged, 21 the record of conviction and the conviction for a violation 22 of a local ordinance that arose from the same transaction or 23 occurrence shall be removed from the criminal history data 24 files maintained by the department of public safety if such a 25 record was maintained in the criminal history data files . 26 Sec. 2. Section 907.9, subsection 4, paragraphs d and e, 27 Code 2016, are amended to read as follows: 28 d. A count or related charge that was dismissed shall not be 29 expunged pursuant to paragraph “c” in any case in which a count 30 or charge resulted in a conviction , not including a finding of 31 contempt, that was not expunged. 32 e. The provisions of paragraph “c” apply whether the 33 deferred judgment was expunged prior to July 1, 2012, or 34 on or after July 1, 2012. The provisions of paragraph “d” 35 -1- LSB 5430SV (4) 86 jm/rj 1/ 3

S.F. 2164 apply whether the deferred judgment was expunged prior to the 1 effective date of this Act, or on or after the effective date 2 of this Act. 3 Sec. 3. APPLICABILITY AND IMPLEMENTATION. The judicial 4 branch shall have until July 1, 2017, to implement the 5 amendment to section 907.9 in this Act relating to the 6 expungement of the court’s record of a dismissed count or 7 related charge and a finding of contempt. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the expungement of criminal offenses 12 for alcohol consumption in public, public intoxication, 13 simulated public intoxication, or similar local ordinances 14 that arose from the same transaction or occurrence, or when a 15 finding of contempt has been entered. 16 The expungement process under the bill provides that upon 17 the expiration of two years following conviction for alcohol 18 consumption in public, public intoxication, simulated public 19 intoxication, or similar local ordinance that arose from the 20 same transaction or occurrence, a person may petition the 21 court to expunge the conviction if the person has had no other 22 criminal convictions, other than local traffic violations or 23 simple misdemeanor violations of Code chapter 321 during the 24 two-year period, and the conviction shall be expunged as a 25 matter of law. The bill further provides that after receipt 26 of notice from the clerk of the district court that a record 27 of conviction for consumption of alcohol in public, public 28 intoxication, simulated public intoxication, or similar local 29 ordinance that arose from the same transaction or occurrence 30 has been expunged, the record of conviction shall be removed 31 from the criminal history data files maintained by the 32 department of public safety if such a record was maintained in 33 the criminal history data files. 34 Current law provides that the court’s criminal record with 35 -2- LSB 5430SV (4) 86 jm/rj 2/ 3

S.F. 2164 reference to a deferred judgment, any counts dismissed by the 1 court which were contained in the indictment, information, 2 or complaint that resulted in the deferred judgment, and 3 any other related charges that were not contained in the 4 indictment, information, or complaint but were dismissed, shall 5 be expunged, if the person has paid restitution and other 6 obligations. 7 The amendment to Code section 907.9 provides that finding 8 a person in contempt shall not preclude that person from 9 expunging the court’s record of a dismissed count or related 10 charge as long as no counts in the indictment or information 11 or any other charges related to the deferred judgment resulted 12 in a conviction. The amendment to Code section 907.9 applies 13 to a deferred judgment expunged prior to the effective date 14 of the bill, or on or after the effective date of the bill. 15 The judicial branch has until July 1, 2017, to implement the 16 amendments to Code section 907.9. 17 -3- LSB 5430SV (4) 86 jm/rj 3/ 3