S.F. 2196 DIVISION I 1 EXPUNGEMENT 2 Section 1. NEW SECTION . 901C.3 Misdemeanor —— expungement. 3 1. Upon application of a defendant convicted of a 4 misdemeanor offense, the court shall enter an order expunging 5 the record of such a criminal case, as a matter of law, if 6 the defendant has established that more than eight years 7 have passed since the date of the conviction, the defendant 8 is not the subject of a protective order or a no-contact 9 order, the defendant has no pending criminal charges, the 10 defendant has not been subsequently convicted of or granted a 11 deferred judgment for any criminal offense, other than a simple 12 misdemeanor conviction under chapter 321 or of a similar local 13 ordinance, and all court costs, fees, fines, and restitution 14 and other financial obligations ordered by the court or 15 assessed by the clerk of the district court have been paid. 16 2. An expungement under this section shall not be entered 17 for any of the following misdemeanor convictions: 18 a. A conviction under section 123.46. 19 b. A simple misdemeanor conviction under section 123.47, 20 subsection 3. 21 c. A conviction for dependent adult abuse under section 22 235B.20. 23 d. A conviction under section 321.218, 321A.32, or 321J.21. 24 e. A conviction under section 321J.2. 25 f. A conviction for a sex offense as defined in section 26 692A.101. 27 g. A conviction for involuntary manslaughter under section 28 707.5. 29 h. A conviction for assault under section 708.2, subsection 30 3. 31 i. A conviction under section 708.2A. 32 j. A conviction for harassment under section 708.7. 33 k. A conviction for stalking under section 708.11. 34 l. A conviction for removal of an officer’s communication or 35 -1- LSB 5257XS (24) 87 jm/rh 1/ 38

S.F. 2196 control device under section 708.12. 1 m. A conviction for trespass under section 716.8, subsection 2 3 or 4. 3 n. A conviction under chapter 717C. 4 o. A conviction under chapter 719. 5 p. A conviction under chapter 720. 6 q. A conviction under section 721.2. 7 r. A conviction under section 721.10. 8 s. A conviction under section 723.1. 9 t. A conviction under chapter 724. 10 u. A conviction under chapter 726. 11 v. A conviction under chapter 728. 12 w. A conviction under chapter 901A. 13 x. A conviction for a comparable offense listed in 49 C.F.R. 14 §383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4). 15 y. A conviction under prior law of an offense comparable to 16 an offense enumerated in this subsection. 17 3. A person shall only be allowed to apply for an 18 expungement of a record under this section one time in 19 the person’s lifetime. However, the one application may 20 request the expungement of records relating to more than one 21 misdemeanor offense if the misdemeanor offenses arose from the 22 same transaction or occurrence, and the application contains 23 the misdemeanor offenses to be expunged. 24 4. The expunged record under this section is a confidential 25 record exempt from public access under section 22.7 but shall 26 be made available by the clerk of the district court upon court 27 order. 28 5. Notwithstanding section 692.2, after receipt of 29 notice from the clerk of the district court that a record of 30 conviction has been expunged under subsection 1, the record 31 of conviction shall be removed from the criminal history data 32 files maintained by the department of public safety if such a 33 record was maintained in the criminal history data files. 34 6. The supreme court may prescribe rules governing the 35 -2- LSB 5257XS (24) 87 jm/rh 2/ 38

S.F. 2196 procedures applicable to the expungement of a criminal case 1 under this section. 2 7. This section applies to a misdemeanor conviction that 3 occurred prior to, on, or after July 1, 2018. 4 DIVISION II 5 ROBBERY 6 Sec. 2. NEW SECTION . 702.26 Simulated firearm. 7 “Simulated firearm” means a device which is not a firearm, 8 but which is expressly represented to be a firearm, or 9 an object which is not a firearm but which is impliedly 10 represented to be a firearm and which under the circumstances 11 would lead a reasonable person to believe it to be a firearm. 12 Sec. 3. NEW SECTION . 702.27 Simulated explosive. 13 “Simulated explosive” means a device which is not an 14 explosive, but which is expressly represented to be an 15 explosive, or a device which is not an explosive but is 16 impliedly represented to be an explosive and which by its 17 appearance would lead a reasonable person to believe it to be 18 an explosive. 19 Sec. 4. Section 711.2, Code 2018, is amended to read as 20 follows: 21 711.2 Robbery in the first degree. 22 A person commits robbery in the first degree when, while 23 perpetrating a robbery, the person purposely inflicts or 24 attempts to inflict serious injury, or is armed with a 25 dangerous weapon , simulated firearm, or simulated explosive . 26 Robbery in the first degree is a class “B” felony. 27 Sec. 5. Section 711.3, Code 2018, is amended to read as 28 follows: 29 711.3 Robbery in the second degree. 30 All robbery which is not robbery in the first degree is 31 robbery in the second degree , except as provided in section 32 711.3A . Robbery in the second degree is a class “C” felony. 33 Sec. 6. Section 901.11, Code 2018, is amended by adding the 34 following new subsection: 35 -3- LSB 5257XS (24) 87 jm/rh 3/ 38

S.F. 2196 NEW SUBSECTION . 2A. At the time of sentencing, the court 1 shall determine when a person convicted of robbery in the first 2 degree as described in section 902.12, subsection 2A, shall 3 first become eligible for parole or work release within the 4 parameters specified in section 902.12, subsection 2A, based 5 upon all pertinent information including the person’s criminal 6 record, a validated risk assessment, and the negative impact 7 the offense has had on the victim or other persons. 8 Sec. 7. Section 902.12, subsection 1, paragraph e, Code 9 2018, is amended to read as follows: 10 e. Robbery in the first or second degree in violation of 11 section 711.2 or 711.3 , except as determined in subsection 3 . 12 Sec. 8. Section 902.12, Code 2018, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 2A. a. A person serving a sentence for 15 a conviction for robbery in the first degree in violation of 16 section 711.2 for a conviction that occurs on or after July 1, 17 2018, shall be denied parole or work release until the person 18 has served between one-half and seven-tenths of the maximum 19 term of the person’s sentence as determined under section 20 901.11, subsection 2A. 21 b. Notwithstanding section 902.12, subsection 1, paragraph 22 “e” , Code 2018, if a person is serving a sentence for robbery in 23 the first degree in violation of section 711.2 for a conviction 24 that occurs prior to July 1, 2018, the person shall be denied 25 parole or work release until the person has served between 26 one-half and seven-tenths of the maximum term of the person’s 27 sentence as determined by the board of parole based upon the 28 person’s criminal record, a validated risk assessment, and the 29 negative impact the offense has had on the victim or other 30 persons. 31 Sec. 9. REPEAL. Section 711.3A, Code 2018, is repealed. 32 DIVISION III 33 PROPERTY CRIMES —— VALUE 34 Sec. 10. Section 712.3, Code 2018, is amended to read as 35 -4- LSB 5257XS (24) 87 jm/rh 4/ 38

S.F. 2196 follows: 1 712.3 Arson in the second degree. 2 Arson which is not arson in the first degree is arson in the 3 second degree when the property which is the subject of the 4 arson is a building or a structure, or real property of any 5 kind, or standing crops, or is personal property the value of 6 which exceeds five seven hundred fifty dollars. Arson in the 7 second degree is a class “C” felony. 8 Sec. 11. Section 714.2, Code 2018, is amended to read as 9 follows: 10 714.2 Degrees of theft. 11 1. The theft of property exceeding ten thousand dollars in 12 value, or the theft of property from the person of another, or 13 from a building which has been destroyed or left unoccupied 14 because of physical disaster, riot, bombing, or the proximity 15 of battle, or the theft of property which has been removed from 16 a building because of a physical disaster, riot, bombing, or 17 the proximity of battle, is theft in the first degree. Theft 18 in the first degree is a class “C” felony. 19 2. The theft of property exceeding one thousand five 20 hundred dollars but not exceeding ten thousand dollars in value 21 or theft of a motor vehicle as defined in chapter 321 not 22 exceeding ten thousand dollars in value, is theft in the second 23 degree. Theft in the second degree is a class “D” felony. 24 However, for purposes of this subsection , “motor vehicle” does 25 not include a motorized bicycle as defined in section 321.1, 26 subsection 40 , paragraph “b” . 27 3. The theft of property exceeding five seven hundred fifty 28 dollars but not exceeding one thousand five hundred dollars in 29 value, or the theft of any property not exceeding five hundred 30 dollars in value by one who has before been twice convicted of 31 theft, is theft in the third degree. Theft in the third degree 32 is an aggravated misdemeanor. 33 4. The theft of property exceeding two three hundred dollars 34 in value but not exceeding five seven hundred fifty dollars 35 -5- LSB 5257XS (24) 87 jm/rh 5/ 38

S.F. 2196 in value is theft in the fourth degree. Theft in the fourth 1 degree is a serious misdemeanor. 2 5. The theft of property not exceeding two three hundred 3 dollars in value is theft in the fifth degree. Theft in the 4 fifth degree is a simple misdemeanor. 5 Sec. 12. Section 714.3A, subsection 1, Code 2018, is amended 6 to read as follows: 7 1. A person commits aggravated theft when the person commits 8 an assault as defined in section 708.1, subsection 2 , paragraph 9 “a” , that is punishable as a simple misdemeanor under section 10 708.2, subsection 6 , after the person has removed or attempted 11 to remove property not exceeding two three hundred dollars in 12 value which has not been purchased from a store or mercantile 13 establishment, or has concealed such property of the store or 14 mercantile establishment, either on the premises or outside the 15 premises of the store or mercantile establishment. 16 Sec. 13. Section 714.7B, subsection 6, paragraphs a and b, 17 Code 2018, are amended to read as follows: 18 a. A simple misdemeanor if the value of the goods, wares, or 19 merchandise does not exceed two three hundred dollars. 20 b. A serious misdemeanor if the value of the goods, wares, 21 or merchandise exceeds two three hundred dollars. 22 Sec. 14. Section 714.10, subsection 1, Code 2018, is amended 23 to read as follows: 24 1. Fraudulent practice in the second degree is the 25 following: 26 a. A fraudulent practice where the amount of money or value 27 of property or services involved exceeds one thousand five 28 hundred dollars but does not exceed ten thousand dollars. 29 b. A fraudulent practice where the amount of money or 30 value of property or services involved does not exceed one 31 thousand five hundred dollars by one who has been convicted of 32 a fraudulent practice twice before. 33 Sec. 15. Section 714.11, subsection 1, paragraph a, Code 34 2018, is amended to read as follows: 35 -6- LSB 5257XS (24) 87 jm/rh 6/ 38

S.F. 2196 a. A fraudulent practice where the amount of money or value 1 of property or services involved exceeds five seven hundred 2 fifty dollars but does not exceed one thousand five hundred 3 dollars. 4 Sec. 16. Section 714.12, Code 2018, is amended to read as 5 follows: 6 714.12 Fraudulent practice in the fourth degree. 7 1. Fraudulent practice in the fourth degree is a fraudulent 8 practice where the amount of money or value of property or 9 services involved exceeds two three hundred dollars but does 10 not exceed five seven hundred fifty dollars. 11 2. Fraudulent practice in the fourth degree is a serious 12 misdemeanor. 13 Sec. 17. Section 714.13, Code 2018, is amended to read as 14 follows: 15 714.13 Fraudulent practice in the fifth degree. 16 1. Fraudulent practice in the fifth degree is a fraudulent 17 practice where the amount of money or value of property or 18 services involved does not exceed two three hundred dollars. 19 2. Fraudulent practice in the fifth degree is a simple 20 misdemeanor. 21 Sec. 18. Section 715A.6, subsection 2, paragraphs b and c, 22 Code 2018, are amended to read as follows: 23 b. If the value of the property or services secured or 24 sought to be secured by means of the credit card is greater 25 than one thousand five hundred dollars but not more than ten 26 thousand dollars, an offense under this section is a class “D” 27 felony. 28 c. If the value of the property or services secured 29 or sought to be secured by means of the credit card is one 30 thousand five hundred dollars or less, an offense under this 31 section is an aggravated misdemeanor. 32 Sec. 19. Section 715A.8, subsection 3, paragraphs b and c, 33 Code 2018, are amended to read as follows: 34 b. If the value of the credit, property, services, or other 35 -7- LSB 5257XS (24) 87 jm/rh 7/ 38

S.F. 2196 benefit exceeds one thousand five hundred dollars but does not 1 exceed ten thousand dollars, the person commits a class “D” 2 felony. 3 c. If the value of the credit, property, services, or other 4 benefit does not exceed one thousand five hundred dollars, the 5 person commits an aggravated misdemeanor. 6 Sec. 20. Section 716.4, subsection 1, Code 2018, is amended 7 to read as follows: 8 1. Criminal mischief is criminal mischief in the second 9 degree if the cost of replacing, repairing, or restoring the 10 property that is damaged, defaced, altered, or destroyed 11 exceeds one thousand five hundred dollars but does not exceed 12 ten thousand dollars. 13 Sec. 21. Section 716.5, subsection 1, paragraph a, Code 14 2018, is amended to read as follows: 15 a. The cost of replacing, repairing, or restoring the 16 property that is damaged, defaced, altered, or destroyed 17 exceeds five seven hundred fifty dollars, but does not exceed 18 one thousand five hundred dollars. 19 Sec. 22. Section 716.6, subsection 1, paragraph a, 20 subparagraph (1), Code 2018, is amended to read as follows: 21 (1) The cost of replacing, repairing, or restoring the 22 property that is damaged, defaced, altered, or destroyed 23 exceeds two three hundred dollars, but does not exceed five 24 seven hundred fifty dollars. 25 Sec. 23. Section 716.8, subsections 2 and 4, Code 2018, are 26 amended to read as follows: 27 2. Any person committing a trespass as defined in section 28 716.7 , other than a trespass as defined in section 716.7, 29 subsection 2 , paragraph “a” , subparagraph (6), which results in 30 injury to any person or damage in an amount more than two three 31 hundred dollars to anything, animate or inanimate, located 32 thereon or therein commits a serious misdemeanor. 33 4. A person committing a trespass as defined in section 34 716.7 with the intent to commit a hate crime which results in 35 -8- LSB 5257XS (24) 87 jm/rh 8/ 38

S.F. 2196 injury to any person or damage in an amount more than two three 1 hundred dollars to anything, animate or inanimate, located 2 thereon or therein commits an aggravated misdemeanor. 3 Sec. 24. Section 716.10, subsection 2, paragraphs d, e, f, 4 and g, Code 2018, are amended to read as follows: 5 d. A person commits railroad vandalism in the fourth degree 6 if the person intentionally commits railroad vandalism which 7 results in property damage which costs ten thousand dollars 8 or less but more than one thousand five hundred dollars to 9 replace, repair, or restore. Railroad vandalism in the fourth 10 degree is a class “D” felony. 11 e. A person commits railroad vandalism in the fifth degree 12 if the person intentionally commits railroad vandalism which 13 results in property damage which costs more than five seven 14 hundred fifty dollars but does not exceed one thousand five 15 hundred dollars to replace, repair, or restore. Railroad 16 vandalism in the fifth degree is an aggravated misdemeanor. 17 f. A person commits railroad vandalism in the sixth degree 18 if the person intentionally commits railroad vandalism which 19 results in property damage which costs more than one three 20 hundred dollars but does not exceed five seven hundred fifty 21 dollars to replace, repair, or restore. Railroad vandalism in 22 the sixth degree is a serious misdemeanor. 23 g. A person commits railroad vandalism in the seventh 24 degree if the person intentionally commits railroad vandalism 25 which results in property damage which costs one three hundred 26 dollars or less to replace, repair, or restore. Railroad 27 vandalism in the seventh degree is a simple misdemeanor. 28 Sec. 25. Section 716A.2, subsection 2, paragraph b, Code 29 2018, is amended to read as follows: 30 b. The revenue generated from a specific unsolicited bulk 31 electronic mail transmission exceeds one thousand five hundred 32 dollars or the total revenue generated from all unsolicited 33 bulk electronic mail transmitted to any electronic mail service 34 provider by the person exceeds fifty thousand dollars. 35 -9- LSB 5257XS (24) 87 jm/rh 9/ 38

S.F. 2196 DIVISION IV 1 REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS 2 Sec. 26. Section 124.412, Code 2018, is amended to read as 3 follows: 4 124.412 Notice of conviction. 5 If a person enters a plea of guilty to, or forfeits bail 6 or collateral deposited to secure the person’s appearance in 7 court, and such forfeiture is not vacated, or if a person 8 is found guilty upon an indictment or information alleging a 9 violation of this chapter , a copy of the minutes attached to 10 the indictment returned by the grand jury, or to the county 11 attorney’s information, a copy of the judgment and sentence, 12 and a copy of the opinion of the judge if one is filed, shall 13 be sent by the clerk of the district court or the judge to 14 the state department of transportation and to any state board 15 or officer by whom the convicted person has been licensed or 16 registered to practice the person’s profession or carry on 17 the person’s business. On the conviction of a person, the 18 court may suspend or revoke the license or registration of the 19 convicted defendant to practice the defendant’s profession 20 or carry on the defendant’s business. On the application of 21 a person whose license or registration has been suspended or 22 revoked, and upon proper showing and for good cause, the board 23 or officer may reinstate the license or registration. 24 Sec. 27. Section 321.212, subsection 1, paragraph d, Code 25 2018, is amended by striking the paragraph. 26 Sec. 28. Section 321.215, subsection 1, paragraph b, Code 27 2018, is amended to read as follows: 28 b. However, a temporary restricted license shall not be 29 issued to a person whose license is revoked pursuant to a court 30 order issued under section 901.5, subsection 10 , or under 31 section 321.209, subsections 1 through 5 or subsection 7 ; to a 32 juvenile whose license has been suspended or revoked pursuant 33 to a dispositional order under section 232.52, subsection 34 2 , paragraph “a” , for a violation of chapter 124 or 453B or 35 -10- LSB 5257XS (24) 87 jm/rh 10/ 38

S.F. 2196 section 126.3 ; to a juvenile whose license has been suspended 1 under section 321.213B ; or to a person whose license has been 2 suspended pursuant to a court order under section 714.7D . A 3 temporary restricted license may be issued to a person whose 4 license is revoked under section 321.209, subsection 6 , only 5 if the person has no previous drag racing convictions. A 6 person holding a temporary restricted license issued by the 7 department under this section shall not operate a motor vehicle 8 for pleasure. 9 Sec. 29. Section 321.215, subsection 2, unnumbered 10 paragraph 1, Code 2018, is amended to read as follows: 11 Upon conviction and the suspension or revocation of a 12 person’s noncommercial driver’s license under section 321.209, 13 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; 14 or upon revocation pursuant to a court order issued under 15 section 901.5, subsection 10 ; or upon the denial of issuance 16 of a noncommercial driver’s license under section 321.560 , 17 based solely on offenses enumerated in section 321.555, 18 subsection 1 , paragraph “c” , or section 321.555, subsection 19 2 ; or upon suspension or revocation of a juvenile’s driver’s 20 license pursuant to a dispositional order under section 232.52, 21 subsection 2 , paragraph “a” , for a violation of chapter 124 22 or 453B , or section 126.3 ; or upon suspension of a driver’s 23 license pursuant to a court order under section 714.7D , the 24 person may apply to the department for a temporary restricted 25 license to operate a motor vehicle for the limited purpose or 26 purposes specified in subsection 1 . The application may be 27 granted only if all of the following criteria are satisfied: 28 Sec. 30. Section 321.215, subsection 2, paragraph c, Code 29 2018, is amended to read as follows: 30 c. Proof of financial responsibility is established as 31 defined in chapter 321A . However, such proof is not required 32 if the driver’s license was suspended under section 321.210A 33 or 321.513 or revoked pursuant to a court order issued under 34 section 901.5, subsection 10 . 35 -11- LSB 5257XS (24) 87 jm/rh 11/ 38

S.F. 2196 Sec. 31. Section 321.218, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. A person whose driver’s license or operating privilege 3 has been denied, canceled, suspended, or revoked as provided 4 in this chapter or as provided in section 252J.8 or section 5 901.5, subsection 10 , and who operates a motor vehicle upon 6 the highways of this state while the license or privilege 7 is denied, canceled, suspended, or revoked, commits a 8 simple misdemeanor. In addition to any other penalties, the 9 punishment imposed for a violation of this subsection shall 10 include assessment of a fine of not less than two hundred fifty 11 dollars nor more than one thousand five hundred dollars. 12 Sec. 32. Section 321A.17, subsection 4, Code 2018, is 13 amended to read as follows: 14 4. An individual applying for a driver’s license following a 15 period of suspension or revocation pursuant to a dispositional 16 order issued under section 232.52, subsection 2 , paragraph 17 “a” , or under section 321.180B , section 321.210, subsection 18 1 , paragraph “a” , subparagraph (4), or section 321.210A , 19 321.213A , 321.213B , 321.216B , or 321.513 , following a period 20 of suspension or revocation under section 321.178 or 321.194 , 21 or following a period of revocation pursuant to a court order 22 issued under section 901.5, subsection 10 , or under section 23 321J.2A , is not required to maintain proof of financial 24 responsibility under this section . 25 Sec. 33. Section 901.5, subsection 10, Code 2018, is amended 26 by striking the subsection. 27 Sec. 34. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s 28 driver’s license suspended or revoked pursuant to section 29 901.5, subsection 10, prior to the effective date of this Act, 30 shall be reinstated, if the defendant is otherwise eligible for 31 a driver’s license. 32 Sec. 35. CONTINGENT EFFECTIVE DATE. This division of this 33 Act takes effect on the date the governor submits to the United 34 States secretary of transportation a written certification 35 -12- LSB 5257XS (24) 87 jm/rh 12/ 38

S.F. 2196 that the governor is opposed to the enforcement in this state 1 of a law described in 23 U.S.C. §159(a)(3)(A) and a written 2 certification that the general assembly has adopted a joint 3 resolution expressing its opposition to the same, in accordance 4 with 23 U.S.C. §159(a)(3)(B). The office of the governor shall 5 notify the Code editor upon submission of the certifications 6 described in this section. 7 DIVISION V 8 THEFT, FRAUD, AND FORGERY REVISIONS 9 Sec. 36. NEW SECTION . 714.2A Consolidation of theft 10 offenses. 11 For purposes of charging a person with theft, any conduct 12 specified as theft in section 714.1, subsections 1 through 10, 13 constitutes a single offense of theft embracing the separated 14 offenses of theft known as taking, misappropriation, theft by 15 deception, possession or receipt of stolen property, fraudulent 16 conversion, check fraud, theft from a public utility, unlawful 17 access to a computer, theft of video rental property, and other 18 similar offenses related to theft. An accusation of theft may 19 be supported by evidence that it was committed in any manner 20 that would be theft under sections 714.1, subsections 1 through 21 10, notwithstanding the specification of a different manner 22 in the complaint, indictment, or information, subject only 23 to the power of the court to ensure a fair trial by granting 24 a continuance or other appropriate relief where the conduct 25 of the defense would be prejudiced by lack of fair notice or 26 surprise. 27 Sec. 37. Section 715A.2, subsection 2, paragraph a, Code 28 2018, is amended by adding the following new subparagraph: 29 NEW SUBPARAGRAPH . (5) A document issued by a department, 30 agency, board, or commission in this state used as evidence of 31 authorized stay or employment in the United States. 32 Sec. 38. Section 715A.2A, subsection 1, paragraphs a and b, 33 Code 2018, are amended to read as follows: 34 a. Hires a person when the employer or an agent or employee 35 -13- LSB 5257XS (24) 87 jm/rh 13/ 38

S.F. 2196 of the employer knows that the document evidencing the person’s 1 authorized stay or employment in the United States is in 2 violation of section 715A.2, subsection 2 , paragraph “a” , 3 subparagraph (4) or (5) , or knows that the person is not 4 authorized to be employed in the United States. 5 b. Continues to employ a person when the employer or an 6 agent or employee of the employer knows that the document 7 evidencing the person’s authorized stay or employment in the 8 United States is in violation of section 715A.2, subsection 2 , 9 paragraph “a” , subparagraph (4) or (5) , or knows that the person 10 is not authorized to be employed in the United States. 11 Sec. 39. Section 802.5, Code 2018, is amended to read as 12 follows: 13 802.5 Extension for fraud, fiduciary breach. 14 1. If the periods prescribed in sections 802.3 and 802.4 15 have expired, prosecution may nevertheless be commenced for 16 any offense a material element of which is either fraud or a 17 breach of fiduciary obligation within one year after actual 18 discovery of the offense and the offender’s involvement in the 19 offense by an aggrieved party or by a person who has legal duty 20 to represent an aggrieved party and who is not a party to the 21 offense, but in no case shall this provision extend the period 22 of limitation otherwise applicable by more than three five 23 years. 24 2. A prosecution may be commenced under this section as 25 long as the appropriate law enforcement agency has not delayed 26 the investigation in bad faith. This subsection shall not be 27 construed to require a law enforcement agency to pursue an 28 unknown offender with due diligence. 29 DIVISION VI 30 CRIMINAL PROCEEDINGS 31 Sec. 40. NEW SECTION . 701.12 Reference to victim in 32 criminal proceeding. 33 In a criminal prosecution, the prosecuting attorney or 34 a witness may refer to a person using the term “victim” 35 -14- LSB 5257XS (24) 87 jm/rh 14/ 38

S.F. 2196 during any criminal proceeding including at trial, if there 1 is sufficient evidence to support a finding that the person 2 referred to as the victim meets the definition of a victim in 3 section 915.10. A conviction shall not be reversed on appeal 4 based upon a reference or references to a person as a victim 5 during a criminal proceeding, if there is sufficient evidence 6 in the record to support a finding that the person meets the 7 definition of victim in section 915.10. 8 Sec. 41. Section 814.6, subsection 1, paragraph a, Code 9 2018, is amended to read as follows: 10 a. A final judgment of sentence, except in case of the 11 following cases: 12 (1) A simple misdemeanor and ordinance violation 13 convictions conviction . 14 (2) An ordinance violation. 15 (3) A conviction where the defendant has pled guilty. This 16 subparagraph does not apply to a guilty plea for a class “A” 17 felony. 18 Sec. 42. Section 814.6, subsection 2, Code 2018, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . f. An order denying a motion in arrest of 21 judgment on grounds other than an ineffective assistance of 22 counsel claim. 23 Sec. 43. Section 814.7, Code 2018, is amended to read as 24 follows: 25 814.7 Ineffective assistance claim on appeal in a criminal 26 case. 27 1. An ineffective assistance of counsel claim in a 28 criminal case shall be determined by filing an application 29 for postconviction relief pursuant to chapter 822 , except as 30 otherwise provided in this section . The claim need not be 31 raised on direct appeal from the criminal proceedings in order 32 to preserve the claim for postconviction relief purposes , 33 and the claim shall not be decided on direct appeal from the 34 criminal proceedings . 35 -15- LSB 5257XS (24) 87 jm/rh 15/ 38

S.F. 2196 2. A party may, but is not required to, raise an ineffective 1 assistance claim on direct appeal from the criminal proceedings 2 if the party has reasonable grounds to believe that the record 3 is adequate to address the claim on direct appeal. 4 3. If an ineffective assistance of counsel claim is raised 5 on direct appeal from the criminal proceedings, the court may 6 decide the record is adequate to decide the claim or may choose 7 to preserve the claim for determination under chapter 822 . 8 Sec. 44. NEW SECTION . 814.28 General verdicts. 9 When the prosecution relies on multiple or alternative 10 theories to prove the commission of a public offense, a jury 11 may return a general verdict. If the jury returns a general 12 verdict, an appellate court shall not set aside or reverse such 13 a verdict on the basis of a defective or insufficient theory 14 if one or more of the theories presented and described in the 15 complaint, information, or indictment is sufficient to sustain 16 the verdict on at least one count. 17 Sec. 45. NEW SECTION . 814.29 Guilty pleas —— challenges. 18 If a defendant challenges a guilty plea based on an alleged 19 defect in the plea proceedings, the plea shall not be vacated 20 unless the defendant demonstrates that the defendant more 21 likely than not would not have pled guilty if the defect had 22 not occurred. The burden applies whether the challenge is 23 made through a motion in arrest of judgment or on appeal. Any 24 provision in the Iowa rules of criminal procedure that are 25 inconsistent with this section shall have no legal effect. 26 Sec. 46. Section 822.6, unnumbered paragraph 1, Code 2018, 27 is amended to read as follows: 28 Within thirty days after the docketing of the application, 29 or within any further time the court may fix, the state shall 30 respond by answer or by motion which may be supported by 31 affidavits. At any time prior to entry of judgment the court 32 may grant leave to withdraw the application. The court may 33 make appropriate orders for amendment of the application or 34 any pleading or motion, for pleading over, for filing further 35 -16- LSB 5257XS (24) 87 jm/rh 16/ 38

S.F. 2196 pleadings or motions, or for extending the time of the filing 1 of any pleading. In considering the application the court 2 shall take account of substance regardless of defects of form. 3 If the application is not accompanied by the record of the 4 proceedings challenged therein, the respondent shall file with 5 its answer the record or portions thereof that are material to 6 the questions raised in the application. 7 Sec. 47. NEW SECTION . 822.10A Underlying criminal offense. 8 The court file containing the conviction for which an 9 applicant seeks postconviction relief shall be part of the 10 record in any action under this chapter. Upon the filing 11 of an application for postconviction relief pursuant to 12 section 822.3, the clerk of the district court shall make the 13 underlying criminal file records accessible to the applicant, 14 county attorney, and attorney general. If the criminal file 15 records are not available in electronic format, the clerk of 16 the district court shall convert the records to an electronic 17 format and make the records available to the applicant, county 18 attorney, and attorney general. 19 DIVISION VII 20 STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND 21 INVESTIGATIONS 22 Sec. 48. Section 331.802, subsection 5, Code 2018, is 23 amended by adding the following new paragraphs: 24 NEW PARAGRAPH . c. In formulating findings and conclusions 25 regarding the cause and manner of death, the state medical 26 examiner or county medical examiner shall be allowed to rely 27 upon and include in the report referred to in subsection 2, 28 paragraph “a” , any information provided by the county attorney 29 or law enforcement agency to the medical examiner making the 30 autopsy. 31 NEW PARAGRAPH . d. The state medical examiner or county 32 medical examiner may rely upon and consider statements by 33 witnesses or other persons for purposes of developing a 34 clinical history of the decedent that preceded death when 35 -17- LSB 5257XS (24) 87 jm/rh 17/ 38

S.F. 2196 formulating findings and conclusions on the cause and manner of 1 death. A court shall not exclude a medical examiner’s opinion 2 as to the cause of death on the basis that the medical examiner 3 relied on out-of-court statements in forming that opinion, and 4 such an opinion shall not constitute reversible error. 5 Sec. 49. Section 331.802, subsection 6, Code 2018, is 6 amended to read as follows: 7 6. a. The report of an investigation made by the state 8 medical examiner or a county medical examiner and the record 9 and report of an autopsy made under this section or chapter 10 691 , shall be received as evidence in any court or other 11 proceedings, except that statements by witnesses or other 12 persons and conclusions on extraneous matters included in the 13 report are not admissible including any findings of the state 14 medical examiner or county medical examiner and any information 15 provided by a prosecuting attorney or law enforcement agency, 16 if the information is admissible under the Iowa rules of 17 evidence or have otherwise been substantially admitted into 18 evidence . The person preparing a report or record given 19 in evidence may be subpoenaed as a witness in any civil or 20 criminal case by any party to the cause. A copy of a record, 21 photograph, laboratory finding, or record in the office of the 22 state medical examiner or any medical examiner, when attested 23 to by the state medical examiner or a staff member or the 24 medical examiner in whose office the record, photograph, or 25 finding is filed, shall be received as evidence in any court 26 or other proceedings for any purpose for which the original 27 could be received without proof of the official character of 28 the person whose name is signed to it. 29 b. The state medical examiner and county medical examiner 30 may rely upon and consider statements by witnesses or other 31 persons for purposes of developing a clinical history of the 32 decedent that preceded death when formulating findings and 33 conclusions on the cause and manner of death. 34 Sec. 50. NEW SECTION . 691.5A Investigations. 35 -18- LSB 5257XS (24) 87 jm/rh 18/ 38

S.F. 2196 In lieu of conducting an investigation pursuant to this 1 chapter, the state medical examiner may rely exclusively upon 2 the findings of the county medical examiner, county attorney, 3 or a law enforcement agency. 4 DIVISION VIII 5 CRIMINAL PENALTIES 6 Sec. 51. Section 124.401, subsection 5, Code 2018, is 7 amended to read as follows: 8 5. a. (1) It is unlawful for any person knowingly or 9 intentionally to possess a controlled substance unless such 10 substance was obtained directly from, or pursuant to, a valid 11 prescription or order of a practitioner while acting in the 12 course of the practitioner’s professional practice, or except 13 as otherwise authorized by this chapter . Any person who 14 violates this subsection is guilty of a serious misdemeanor 15 for a first offense. A person who commits a violation of 16 this subsection and who has previously been convicted of 17 violating this chapter or chapter 124B or 453B , or chapter 18 124A as it existed prior to July 1, 2017, is guilty of an 19 aggravated misdemeanor. A person who commits a violation of 20 this subsection and has previously been convicted two or more 21 times of violating this chapter or chapter 124B or 453B , or 22 chapter 124A as it existed prior to July 1, 2017, is guilty of a 23 class “D” felony. 24 (2) If the controlled substance is marijuana, the 25 punishment shall be by imprisonment in the county jail for 26 not more than six months or by a fine of not more than one 27 thousand dollars, or by both such fine and imprisonment for a 28 first offense. If the controlled substance is marijuana and 29 the person has been previously convicted of a violation of this 30 subsection in which the controlled substance was marijuana, the 31 punishment shall be as provided in section 903.1, subsection 32 1 , paragraph “b” . If the controlled substance is marijuana 33 and the person has been previously convicted two or more times 34 of a violation of this subsection in which the controlled 35 -19- LSB 5257XS (24) 87 jm/rh 19/ 38

S.F. 2196 substance was marijuana, the person is guilty of an aggravated 1 misdemeanor. 2 (3) Convictions or the equivalent of deferred judgments for 3 violations in any other states under statutes substantially 4 corresponding to this paragraph “a” shall be counted as previous 5 offenses. The courts shall judicially notice the statutes of 6 other states which define offenses substantially equivalent to 7 the offenses defined in this paragraph “a” and can therefore 8 be considered corresponding statutes. Each previous violation 9 on which conviction or deferral of judgment was entered prior 10 to the date of the violation charged shall be considered and 11 counted as a separate previous offense. 12 c. All or any part of a sentence imposed pursuant to 13 this subsection may be suspended and the person placed upon 14 probation upon such terms and conditions as the court may 15 impose including the active participation by such person in a 16 drug treatment, rehabilitation or education program approved 17 by the court. 18 d. If a person commits a violation of this subsection , the 19 court shall order the person to serve a term of imprisonment of 20 not less than forty-eight hours. Any sentence imposed may be 21 suspended, and the court shall place the person on probation 22 upon such terms and conditions as the court may impose. If 23 the person is not sentenced to confinement under the custody 24 of the director of the department of corrections, the terms 25 and conditions of probation shall require submission to random 26 drug testing. If the person fails a drug test, the court may 27 transfer the person’s placement to any appropriate placement 28 permissible under the court order. 29 e. If the controlled substance is amphetamine, its salts, 30 isomers, or salts of its isomers, or methamphetamine, its 31 salts, isomers, or salts of its isomers, the court shall order 32 the person to serve a term of imprisonment of not less than 33 forty-eight hours. Any sentence imposed may be suspended, 34 and the court shall place the person on probation upon such 35 -20- LSB 5257XS (24) 87 jm/rh 20/ 38

S.F. 2196 terms and conditions as the court may impose. The court may 1 place the person on intensive probation. However, the terms 2 and conditions of probation shall require submission to random 3 drug testing. If the person fails a drug test, the court may 4 transfer the person’s placement to any appropriate placement 5 permissible under the court order. 6 Sec. 52. Section 707.6A, subsection 2, Code 2018, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . c. Exceeding the speed limit by twenty-five 9 miles per hour or more, in violation of section 321.285, 10 321.290, 321.293, or 321.295, if the death of the other person 11 directly or indirectly results from the violation of section 12 321.285, 321.290, 321.293, or 321.295. 13 Sec. 53. Section 901.11, Code 2018, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4. At the time of sentencing, the court 16 shall determine when a person convicted of arson in the first 17 degree as described in section 902.12, subsection 4, shall 18 first become eligible for parole or work release within the 19 parameters specified in section 902.12, subsection 3, based 20 upon all pertinent information including the person’s criminal 21 record, a validated risk assessment, and the negative impact 22 the offense has had on the victim or other persons. 23 Sec. 54. Section 902.12, Code 2018, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4. A person serving a sentence for a 26 conviction for arson in the first degree in violation of 27 section 712.2 that occurs on or after July 1, 2018, shall 28 be denied parole or work release until the person has served 29 between one-half and seven-tenths of the maximum term of 30 the person’s sentence as determined under section 901.11, 31 subsection 4. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -21- LSB 5257XS (24) 87 jm/rh 21/ 38

S.F. 2196 This bill modifies criminal code provisions relating to 1 criminal records, penalties, prosecutions, appeals, driving 2 privileges, and postconviction relief, and including effective 3 date provisions. 4 DIVISION I —— EXPUNGEMENT. This division relates to the 5 expungement of records of certain misdemeanor offenses. 6 The term “expunged” means the court’s criminal record with 7 reference to a deferred judgment or any other criminal record 8 has been segregated in a secure area or database which is 9 exempted from public access. 10 A person shall not receive an expungement pursuant to the 11 bill unless all court costs, fees, fines, and restitution and 12 other financial obligations ordered by the court or assessed by 13 the clerk of the district court have been paid. 14 The division provides that upon the application of a 15 defendant convicted of a misdemeanor, the court shall enter 16 an order expunging the record of such criminal case, as a 17 matter of law, if the defendant has established that more than 18 eight years have passed since the date of the conviction, 19 the defendant is not the subject of a protective order or 20 a no-contact order, the defendant has no pending criminal 21 charges, the defendant has not been subsequently convicted of 22 or granted a deferred judgment for a criminal offense, other 23 than a simple misdemeanor conviction under Code chapter 321 or 24 of a similar local ordinance, and all court costs, fees, fines, 25 and restitution and other financial obligations ordered by the 26 court or assessed by the clerk of the district court have been 27 paid. 28 The division does not apply to the following misdemeanor 29 offenses: simple misdemeanor convictions under Code sections 30 123.46 (consumption or intoxication in public place) and 31 123.47(3) (alcohol consumption by persons under legal 32 age), because expungement procedures already exist for both 33 offenses; convictions for dependent adult abuse under Code 34 section 235B.20; convictions relating to operating a motor 35 -22- LSB 5257XS (24) 87 jm/rh 22/ 38

S.F. 2196 vehicle with an invalid driver’s license under Code section 1 321.218, 321A.32, or 321J.21; convictions for operating while 2 intoxicated under Code section 321J.2; convictions of a sex 3 offense as defined in Code section 692A.101; convictions for 4 involuntary manslaughter under Code section 707.5; convictions 5 for assault involving a dangerous weapon under Code section 6 708.2(3); convictions for domestic abuse assault under Code 7 section 708.2A; convictions for harassment under Code section 8 708.7; convictions for stalking under Code section 708.11; 9 convictions for removal of an officer’s communication or 10 control device under Code section 708.12; convictions for 11 trespass under Code section 716.8(3) or (4); convictions under 12 Code chapter 717C (bestiality); convictions under Code chapter 13 719 (obstructing justice); convictions under Code chapter 720 14 (interference with judicial process); convictions under Code 15 section 721.2 (nonfelonious conduct in office); convictions 16 under Code section 721.10 (misuse of public records and files); 17 convictions under Code section 723.1 (riot); convictions under 18 Code chapter 724 (weapons); convictions under Code chapter 726 19 (protections of the family and dependent persons); convictions 20 under Code chapter 728 (obscenity); convictions under Code 21 chapter 901A (sexually predatory offenses); a conviction for 22 a comparable offense listed in 49 C.F.R. §383.51(b) (table 23 1), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s 24 licenses); and any conviction under prior law of an offense 25 comparable to an offense enumerated in the bill. 26 The division prohibits a person from applying more than once 27 for an expungement of the person’s record. However, the one 28 application may request the expungement of records relating 29 to more than one misdemeanor offense if the misdemeanor 30 offenses arose from the same transaction or occurrence, and the 31 application contains the misdemeanor offenses to be expunged. 32 The division provides that the expunged record under the 33 bill is a confidential record exempt from public access under 34 Code section 22.7 but shall be made available by the clerk of 35 -23- LSB 5257XS (24) 87 jm/rh 23/ 38

S.F. 2196 the district court upon court order. 1 The division also provides that after receipt of notice from 2 the clerk of the district court that a record of conviction has 3 been expunged, the record of conviction shall be removed from 4 the criminal history data files maintained by the department of 5 public safety if such a record was maintained in the criminal 6 history data files. 7 The division provides that the supreme court may prescribe 8 rules governing expungement procedures applicable to criminal 9 cases pursuant to the division. 10 The division applies to misdemeanor convictions that occur 11 prior to, on, or after July 1, 2018. 12 DIVISION II —— ROBBERY. This division modifies the criminal 13 offense of robbery in the first degree to include circumstances 14 when a person commits a robbery with a simulated firearm or 15 simulated explosive. Currently, a person commits robbery in 16 the first degree when the person purposely inflicts or attempts 17 to inflict serious injury, or is armed with a dangerous weapon. 18 Robbery in the first degree is a class “B” felony. A person 19 convicted of a class “B” felony shall also be denied parole or 20 work release until the person has served at least 70 percent of 21 the sentence pursuant to Code section 902.12. 22 The division defines “simulated firearm” to mean a device 23 which is not a firearm, but which is expressly represented to 24 be a firearm, or an object which is not a firearm but which 25 is impliedly represented to be a firearm and which under the 26 circumstances would lead a reasonable person to believe it to 27 be a firearm. 28 Under the division, a simulated explosive means a device 29 which is not an explosive, but which is expressly represented 30 to be an explosive, or a device which is not an explosive but 31 which is impliedly represented to be an explosive and which by 32 its appearance would lead a reasonable person to believe it to 33 be an explosive. 34 The division provides that a person serving a sentence for 35 -24- LSB 5257XS (24) 87 jm/rh 24/ 38

S.F. 2196 a conviction for robbery in the first degree for a conviction 1 that occurs on or after July 1, 2018, shall serve between 50 2 and 70 percent of a 25-year class “B” felony sentence prior 3 to being eligible for parole or work release. In determining 4 when the person is first eligible for parole or work release 5 within such parameters, the sentencing court shall base its 6 determination upon all pertinent information including the 7 person’s criminal record, a validated risk assessment, and 8 the negative impact the offense has had on the victim or 9 other persons. The division provides that a person serving 10 a sentence for a conviction of robbery in the first degree 11 for a conviction that occurs prior to July 1, 2018, shall 12 be denied parole or work release until the person has served 13 between one-half and seven-tenths of the maximum term of the 14 person’s sentence as determined by the board of parole based 15 upon the person’s criminal record, a validated risk assessment, 16 and the negative impact the offense has had on the victim or 17 other persons. Under current law, such a person sentenced to 18 confinement is required to serve at least 70 percent of the 19 25-year maximum class “B” felony sentence prior to becoming 20 eligible for parole or work release. 21 The division does not modify the earned time provisions 22 related to the commission of robbery in the first degree, as a 23 person who commits robbery in the first degree is eligible for 24 a reduction of sentence equal to fifteen eighty-fifths of a day 25 for each day of good conduct by the person under Code section 26 903A.2. 27 Under current law and the division, felonious robbery is 28 also classified as a “forcible felony” under Code section 29 702.11, and a person convicted of felonious robbery is 30 prohibited from receiving a suspended or deferred sentence or 31 deferred judgment pursuant to Code section 907.3. 32 The division repeals the offense of robbery in the third 33 degree, an aggravated misdemeanor. A person commits robbery 34 in the third degree when, while perpetrating a robbery, the 35 -25- LSB 5257XS (24) 87 jm/rh 25/ 38

S.F. 2196 person commits a simple misdemeanor assault in violation of 1 Code section 708.2(6). 2 DIVISION III —— PROPERTY CRIMES —— VALUE. This division 3 increases the value of damaged or stolen property or services 4 necessary to commit certain levels of numerous criminal 5 offenses. 6 THEFT. The division increases the value of property 7 necessary for a person to commit theft in the second degree 8 from property exceeding $1,000 but not more than $10,000 to 9 property exceeding $1,500 but not more than $10,000. Theft in 10 the second degree is a class “D” felony. 11 The division increases the value of property necessary for 12 a person to commit theft in the third degree from property 13 exceeding $500 but not more than $1,000 to property exceeding 14 $750 but not more than $1,500. Theft in the third degree is an 15 aggravated misdemeanor. 16 The division increases the value of property necessary for 17 a person to commit theft in the fourth degree from property 18 exceeding $200 but not more than $500 to property exceeding 19 $300 but not more than $750. Theft in the fourth degree is a 20 serious misdemeanor. 21 The division increases the value of property necessary for a 22 person to commit theft in the fifth degree from property not 23 exceeding $200 to property not exceeding $300. Theft in the 24 fifth degree is a simple misdemeanor. 25 AGGRAVATED THEFT. The division increases the value of 26 property necessary for a person to commit aggravated theft from 27 property not exceeding $200 to property not exceeding $300. 28 Aggravated theft is an aggravated misdemeanor or a class “D” 29 felony depending upon the circumstances of the crime. Under 30 current law, a person commits aggravated theft when the person 31 commits a simple assault after the person has removed or 32 attempted to remove property not exceeding $200. 33 THEFT DETECTION DEVICES —— SHIELD OR REMOVAL. The division 34 increases the value of property necessary for a person to 35 -26- LSB 5257XS (24) 87 jm/rh 26/ 38

S.F. 2196 commit a serious misdemeanor for removal of a theft detection 1 device from property exceeding $200 in value to property 2 exceeding $300 in value. The division increases the value of 3 property necessary for a person to commit a simple misdemeanor 4 for removal of a theft detection device from property not 5 exceeding $200 in value to property not exceeding $300 in 6 value. 7 FRAUDULENT PRACTICE. Fraudulent practice is defined in Code 8 section 714.8. The division increases the value of property or 9 services necessary for a person to commit fraudulent practice 10 in the second degree from property or services exceeding $1,000 11 but not more than $10,000 to property exceeding $1,500 but not 12 more than $10,000. Fraudulent practice in the second degree 13 is a class “D” felony. 14 The division increases the value of property or services 15 necessary for a person to commit fraudulent practice in the 16 third degree from property or services exceeding $500 but not 17 more than $1,000 to property or services exceeding $750 but not 18 more than $1,500. Fraudulent practice in the third degree is 19 an aggravated misdemeanor. 20 The division increases the value of property or services 21 necessary for a person to commit fraudulent practice in the 22 fourth degree from property or services exceeding $200 but not 23 more than $500 to property or services exceeding $300 but not 24 more than $750. Fraudulent practice in the fourth degree is 25 a serious misdemeanor. 26 The division increases the value of property or services 27 necessary for a person to commit fraudulent practice in the 28 fifth degree from property or services not exceeding $200 to 29 property or services not exceeding $300. Fraudulent practice 30 in the fifth degree is a simple misdemeanor. 31 CREDIT CARDS. Under current law, a person commits the class 32 “D” felony offense of credit card fraud when a person illegally 33 secures or seeks to secure property or services by means of 34 a credit card and the value of the property or services is 35 -27- LSB 5257XS (24) 87 jm/rh 27/ 38

S.F. 2196 greater than $1,000 but not more than $10,000. The division 1 increases the minimum value of property or services necessary 2 for a person to commit such a class “D” felony offense from 3 $1,000 to $1,500. 4 Under current law, a person commits the aggravated 5 misdemeanor offense of credit card fraud when a person 6 illegally secures or seeks to secure property or services 7 by means of a credit card and the value of the property or 8 services is $1,000 or less. The division increases the maximum 9 value of property or services necessary for a person to commit 10 such an aggravated misdemeanor offense from $1,000 to $1,500. 11 IDENTITY THEFT. Under current law, a person commits 12 the class “D” felony offense of identity theft when a 13 person fraudulently uses or fraudulently attempts to use 14 identification information of another person, with the intent 15 to obtain credit, property, services, or other benefit, and 16 the value of the credit, property, services, or other benefit 17 exceeds $1,000 but does not exceed $10,000. The division 18 increases the minimum value necessary for a person to commit 19 such a class “D” felony offense from $1,000 to $1,500. 20 Under current law, a person commits the aggravated 21 misdemeanor offense of identity theft when a person 22 fraudulently uses or fraudulently attempts to use 23 identification information of another person, with the intent 24 to obtain credit, property, or services, or other benefit, and 25 the value of the credit, property, services, or other benefit 26 exceeds $1,000 but does not exceed $10,000. The division 27 increases the minimum value necessary for a person to commit 28 such an aggravated misdemeanor offense from $1,000 to $1,500. 29 CRIMINAL MISCHIEF. The division increases the value of 30 damaged property that is necessary to commit criminal mischief 31 in the second degree from damaged property exceeding $1,000 but 32 not more than $10,000 to damaged property exceeding $1,500 but 33 not more than $10,000. Criminal mischief in the second degree 34 is a class “D” felony. 35 -28- LSB 5257XS (24) 87 jm/rh 28/ 38

S.F. 2196 The division increases the value of damaged property 1 that is necessary to commit criminal mischief in the third 2 degree from damaged property exceeding $500 but not more than 3 $1,000 to damaged property exceeding $750 but not more than 4 $1,500. Criminal mischief in the third degree is an aggravated 5 misdemeanor. 6 The division increases the value of damaged property 7 that is necessary to commit criminal mischief in the fourth 8 degree from damaged property exceeding $200 but not more than 9 $500 to damaged property exceeding $300 but not more than 10 $750. Criminal mischief in the fourth degree is a serious 11 misdemeanor. 12 The division increases the value of damaged property that 13 is necessary to commit criminal mischief in the fifth degree 14 from damaged property not exceeding $200 to damaged property 15 not exceeding $300. Criminal mischief in the fifth degree is a 16 simple misdemeanor. 17 TRESPASS. The division increases the value of damaged 18 property that is necessary to commit a serious misdemeanor 19 trespass offense from damaged property of more than $200 to 20 damaged property of more than $300. 21 The division increases the value of damaged property that is 22 necessary to commit an aggravated misdemeanor trespass offense 23 involving a hate crime from damaged property of more than $200 24 to damaged property of more than $300. 25 RAILROAD VANDALISM. The division increases the value of 26 damaged property that is necessary to commit railroad vandalism 27 in the fourth degree from damaged property exceeding $1,000 but 28 not more than $10,000 to damaged property exceeding $1,500 but 29 not more than $10,000. Railroad vandalism in the fourth degree 30 is a class “D” felony. 31 The division increases the value of damaged property that 32 is necessary to commit railroad vandalism in the fifth degree 33 from damaged property exceeding $500 but not more than $1,000 34 to damaged property exceeding $750 but not more than $1,500. 35 -29- LSB 5257XS (24) 87 jm/rh 29/ 38

S.F. 2196 Railroad vandalism in the fifth degree is an aggravated 1 misdemeanor. 2 The division increases the value of damaged property 3 that is necessary to commit railroad vandalism in the sixth 4 degree from damaged property exceeding $200 but not more than 5 $500 to damaged property exceeding $300 but not more than 6 $750. Railroad vandalism in the sixth degree is a serious 7 misdemeanor. 8 The division increases the value of damaged property that is 9 necessary to commit railroad vandalism in the seventh degree 10 from damaged property not exceeding $200 to damaged property 11 not exceeding $300. Railroad vandalism in the seventh degree 12 is a simple misdemeanor. 13 TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL). 14 Under current law, a person commits the class “D” felony 15 offense of transmission of unsolicited bulk email when the 16 revenue generated from such a transmissions exceeds $1,000. 17 The division increases the minimum value necessary for a 18 person to commit such a class “D” felony offense from $1,000 19 to $1,500. 20 DIVISION IV —— REVOCATION OF DRIVER’S LICENSE FOR 21 DRUG-RELATED CONVICTIONS. Current law requires a court to 22 order the department of transportation (DOT) to revoke a 23 defendant’s driver’s license for 180 days if a defendant 24 is sentenced for a controlled substance offense under Code 25 section 124.401 (manufacturers, possessors, and counterfeit 26 substances), 124.401A (enhanced penalty for manufacture or 27 distribution on certain property), 124.402 (distributors, 28 registrants, and proprietors), or 124.403 (distribution, use, 29 possession, records, and information), a drug or drug-related 30 offense under Code section 126.3 (prohibited acts related to 31 drugs, devices, and cosmetics), or a controlled substance tax 32 offense under Code chapter 453B. Current law also requires a 33 court to send a copy of the order and a notice of the conviction 34 to the DOT. The division strikes Code section 901.5(10) 35 -30- LSB 5257XS (24) 87 jm/rh 30/ 38

S.F. 2196 revoking a defendant’s driver’s license for 180 days if the 1 defendant is sentenced for a controlled substance offense for 2 an offense under Code section 124.401, 124.401A, 124.402, or 3 124.403. 4 The division makes conforming Code changes to Code sections 5 124.412, 321.212, 321.215, 321.218, and 321A.17. 6 The division provides that a defendant’s driver’s license 7 suspended or revoked pursuant to Code section 901.5(10) prior 8 to the effective date of the division shall be reinstated if 9 the defendant is otherwise eligible for a driver’s license. 10 The division provides a contingent effective date specifying 11 that the division takes effect on the date the governor submits 12 to the United States secretary of transportation a written 13 certification that the governor is opposed to the enforcement 14 in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a 15 written certification that the general assembly has adopted 16 a joint resolution expressing its opposition to the same, in 17 accordance with 23 U.S.C. §159(a)(3)(B). The division requires 18 the office of the governor to notify the Code editor upon 19 submission of the certifications. 20 DIVISION V —— THEFT, FRAUD, AND FORGERY REVISIONS. 21 THEFT OFFENSES —— CONSOLIDATION. The division creates new 22 Code section 714.2A relating to the consolidation of theft 23 offenses. The division provides that for purposes of charging 24 a person with theft, any conduct specified as theft in Code 25 section 714.1(1) through (10), constitutes a single offense 26 of theft embracing the separated offenses of theft known as 27 taking, misappropriation, theft by deception, possession or 28 receipt of stolen property, fraudulent conversion, check fraud, 29 theft from a public utility, unlawful access to a computer, 30 theft of video rental property, and other similar offenses 31 related to theft. An accusation of theft may be supported by 32 evidence that it was committed in any manner that would be 33 theft under Code section 714.1(1) through (10), notwithstanding 34 the specification of a different manner of theft in the 35 -31- LSB 5257XS (24) 87 jm/rh 31/ 38

S.F. 2196 complaint, indictment, or information, subject only to the 1 power of the court to ensure a fair trial by granting a 2 continuance or other appropriate relief where the conduct of 3 the defense would be prejudiced by lack of fair notice or 4 surprise. 5 DEFINITION OF FORGERY. The division amends Code section 6 715A.2(2) relating to forgery. Under the division, a person 7 commits forgery when the person possesses a writing that is 8 or purports to be a document issued by a department, agency, 9 board, or commission in this state and used as evidence of 10 authorized stay or employment in the United States. A person 11 who forges such a document commits a class “D” felony. By 12 amending the definition of forgery, the division also changes 13 the circumstances under which an employer is subject to a 14 civil penalty for hiring a person who commits such a forgery, 15 pursuant to Code section 715A.2A (accommodation of forgery). 16 STATUTE OF LIMITATIONS —— FRAUD OR BREACH OF FIDUCIARY 17 OBLIGATION. The division amends Code section 802.5 relating 18 to extending the periods of time a prosecution may be brought 19 against a person for any offense involving a material element 20 of fraud or a breach of fiduciary obligation. Under current 21 law, a prosecution may be brought within one year after 22 discovery of the offense by an aggrieved party or by a person 23 who has legal duty to represent an aggrieved party and who is 24 not a party to the offense. The division specifies that the 25 prosecution may be brought within one year of actual discovery 26 of the offense and the offender’s involvement in the offense 27 by an aggrieved party or by a person who has legal duty to 28 represent an aggrieved party and who is not a party to the 29 offense. The division also provides that a prosecution may be 30 commenced under this Code section as long as a law enforcement 31 agency has not delayed the investigation in bad faith, and does 32 not require that a law enforcement agency pursue an unknown 33 offender with due diligence. 34 DIVISION VI —— CRIMINAL PROCEEDINGS. 35 -32- LSB 5257XS (24) 87 jm/rh 32/ 38

S.F. 2196 REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division 1 creates new Code section 701.12 relating to evidence in a 2 criminal prosecution. Under the division, the prosecuting 3 attorney or a witness may refer to a person using the term 4 “victim” during any criminal proceeding including at trial, 5 if there is sufficient evidence to support a finding that 6 the person referenced as the victim meets the definition of 7 a victim in Code section 915.10. A conviction shall not be 8 reversed based upon a reference to a person as the victim 9 during a criminal proceeding, if there is sufficient evidence 10 to support a finding that the person referenced as the victim 11 meets the definition of a victim in Code section 915.10. 12 DEFENDANT RIGHT TO APPEAL. The division amends Code section 13 814.6(1) by prohibiting the right to appeal to a defendant who 14 has pled guilty to a criminal offense except this prohibition 15 does not apply to a defendant who pleads guilty to a class “A” 16 felony. The right to appeal means that an appellate court 17 cannot deny a defendant’s statutory or constitutional right to 18 have the defendant’s case reviewed on appeal. 19 The division amends Code section 814.6(2) by specifying that 20 discretionary review by an appellate court applies to an order 21 denying a motion in arrest of judgment on grounds other than an 22 ineffective assistance claim. Under current law, discretionary 23 review applies to an order suppressing or admitting evidence, 24 an order granting or denying a motion for a change of venue, 25 an order denying probation, simple misdemeanor and ordinance 26 violations, and an order raising a question of law important to 27 the judiciary and the profession. Discretionary review is the 28 process by which an appellate court may exercise its discretion 29 to review specified matters not subject to appeal as a matter 30 of right. 31 INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The 32 division amends Code section 814.7 relating to an ineffective 33 assistance claim on appeal in a criminal case. The division 34 prohibits an ineffective assistance claim being raised and 35 -33- LSB 5257XS (24) 87 jm/rh 33/ 38

S.F. 2196 decided on direct appeal from the criminal proceedings. Under 1 current law, such a claim may be raised on direct appeal from 2 the criminal proceedings if the record at the trial level is 3 sufficient. Generally, an ineffective assistance of counsel 4 claim is raised on appeal by a criminal defendant alleging 5 the defendant’s attorney was so incompetent it deprived the 6 defendant the constitutional right to assistance of counsel. 7 APPEALS FROM THE DISTRICT COURT —— GENERAL VERDICT. 8 The division creates new Code section 814.28 relating to 9 general verdicts. When the prosecution relies on multiple 10 or alternative theories to prove the commission of a public 11 offense, a jury may return a general verdict. If the jury 12 returns a general verdict, the division specifies that a court 13 shall not set aside or reverse such a verdict on the basis 14 of a defective or insufficient theory if one or more of the 15 theories presented and described in the complaint, information, 16 or indictment is sufficient to sustain the verdict on at least 17 one count. 18 GUILTY PLEAS —— CHALLENGES. If a defendant challenges a 19 guilty plea based on an alleged defect in the plea proceedings, 20 the division provides that the plea shall not be vacated unless 21 the defendant demonstrates it is more likely than not that the 22 defendant would not have pled guilty if the defect had not 23 occurred. The burden applies whether the challenge is made 24 by motion in arrest of judgment or in a challenge on appeal. 25 Any provision in the Iowa rules of criminal procedure that are 26 inconsistent with this provision shall have no legal effect. 27 POSTCONVICTION RELIEF —— RECORDS. The division creates new 28 Code section 822.10A relating to postconviction procedure. The 29 division provides that the court file containing the conviction 30 for which the applicant seeks postconviction relief shall be 31 part of the record in any action under Code chapter 822. Upon 32 the filing of an application for postconviction relief pursuant 33 to Code section 822.3, the clerk of the district court shall 34 make the underlying criminal file accessible to the applicant, 35 -34- LSB 5257XS (24) 87 jm/rh 34/ 38

S.F. 2196 county attorney, and attorney general. If the criminal file 1 records are not available in electronic format, the division 2 requires the clerk of the district court to convert the records 3 to an electronic format and make the records available to the 4 applicant, county attorney, and attorney general. 5 POSTCONVICTION —— RELIEF. The bill strikes a provision that 6 requires the respondent to an application for postconviction 7 relief, to file an answer to the application with relevant 8 portions of the record of the proceedings being challenged, if 9 the applicant fails to file the application without the record 10 of the proceedings being challenged. 11 DIVISION VII —— STATE AND COUNTY MEDICAL EXAMINER DEATH 12 REPORTS AND INVESTIGATIONS. Currently, the report of an 13 investigation by the state medical examiner or county medical 14 examiner and the record and report of an autopsy shall be 15 received as evidence in court or other proceedings, except that 16 statements by witnesses or other persons and conclusions on 17 extraneous matters included in the report are inadmissible. 18 The division provides that the report of an investigation made 19 by the state medical examiner or county medical examiner shall 20 be admissible in court including any findings of the state 21 medical examiner or county medical examiner and any information 22 provided by a county attorney or law enforcement agency, if 23 the information is otherwise admissible under the Iowa rules 24 of evidence. 25 The division provides that in formulating findings and 26 conclusions regarding the cause and manner of death, the state 27 medical examiner or county medical examiner shall be allowed 28 to rely upon and include in the report of an investigation 29 any information provided to the medical examiner by a county 30 attorney or law enforcement agency. 31 Additionally, the state medical examiner or county 32 medical examiner may also rely upon and consider statements 33 by witnesses or other persons for purposes of developing a 34 clinical history of the decedent that preceded death when 35 -35- LSB 5257XS (24) 87 jm/rh 35/ 38

S.F. 2196 formulating findings and conclusions on the cause and manner of 1 death. A court shall not exclude a medical examiner opinion 2 as the cause of death on the basis that the examiner has 3 considered out-of-court statements in forming that opinion, and 4 such an opinion shall not constitute reversible error. 5 The division also specifies that in lieu of conducting 6 its own investigation, the state medical examiner may rely 7 exclusively upon the findings of the county medical examiner, 8 county attorney, or a law enforcement agency. 9 DIVISION VIII —— CRIMINAL PENALTIES. 10 POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a 11 person commits a first offense possession of a controlled 12 substance the person commits a serious misdemeanor. If a 13 person commits a second offense possession of a controlled 14 substance and the person has previously been convicted of 15 violating Code chapter 124 (controlled substances), Code 16 chapter 124B (precursor substances), Code chapter 453B (excise 17 tax on unlawful dealing), or Code chapter 124A (imitation 18 controlled substances as it existed on July 1, 2017), the 19 person commits an aggravated misdemeanor. 20 Currently, if a person commits a first offense possession 21 of marijuana, the offense is punishable by imprisonment in 22 the county jail for not more than six months or by a fine 23 of not more than $1,000, or by both. If a person commits a 24 second offense possession of marijuana, the person commits 25 a serious misdemeanor, and if a person commits a third or 26 subsequent offense possession of marijuana, the person commits 27 an aggravated misdemeanor. 28 The division makes convictions or the equivalent of deferred 29 judgments for violations in any other state count as a previous 30 offense if the violation in the other state substantially 31 corresponds with possession of controlled substance violations 32 in this state, thus making a person with a conviction in 33 another state more likely to be subject to enhanced penalties 34 for possession of a controlled substance in this state under 35 -36- LSB 5257XS (24) 87 jm/rh 36/ 38

S.F. 2196 Code section 124.401(5), as amended by the division. The 1 division specifies that the court shall judicially notice the 2 statutes of other states which define offenses substantially 3 equivalent to possession of a controlled substance. 4 HOMICIDE BY VEHICLE. The division provides that a person 5 commits a class “C” felony when the person unintentionally 6 causes the death of another when exceeding the speed limit by 7 25 miles per hour or more, in violation of Code section 321.285 8 (speed restrictions), 321.290 (special restrictions), 321.293 9 (local authorities may alter limits), or 321.295 (limitation 10 on bridge or elevated structures), if the death of the other 11 person directly or indirectly results from such a violation. 12 Currently, a person who violates Code section 321.285 13 commits a simple misdemeanor or a simple misdemeanor punishable 14 as a scheduled fine under Code section 805.8A, a person who 15 violates Code section 321.290 or 321.293 commits a simple 16 misdemeanor, and a person who violates Code section 321.295 17 commits a simple misdemeanor punishable as a scheduled fine of 18 $50. 19 ARSON IN THE FIRST DEGREE. The division requires an 20 offender who commits the criminal offense of arson in the first 21 degree to serve 50 to 70 percent of a 25-year class “B” felony 22 sentence prior to being eligible for parole or work release. 23 Under current law, such an offender is sentenced to confinement 24 for 25 years but is eligible for parole upon entering prison. 25 At the time of sentencing, the division provides that the 26 court determine when a person convicted of arson in the first 27 degree first becomes eligible for parole or work release within 28 the parameters of 50 to 70 percent of the 25-year sentence, 29 based upon all pertinent information including the person’s 30 criminal record, a validated risk assessment, and the negative 31 impact the offense has had on the victim or other persons. The 32 division also makes arson in the first degree a category “B” 33 sentence under Code section 903A.2, in effect increasing the 34 length of the sentence by reducing the amount of earned time 35 -37- LSB 5257XS (24) 87 jm/rh 37/ 38