Senate File 2197 - Introduced SENATE FILE 2197 BY SMITH A BILL FOR An Act relating to theft of motor vehicles subsequently used in 1 the commission of a felony, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5096XS (4) 87 ns/rh

S.F. 2197 Section 1. NEW SECTION . 714.2A Motor vehicle theft —— 1 subsequent commission of felony. 2 1. The theft of a motor vehicle as defined in chapter 321 3 that is subsequently used in the commission of a forcible 4 felony as defined in section 702.11 is a class “B” felony. 5 2. The theft of a motor vehicle as defined in chapter 321 6 exceeding ten thousand dollars in value that is subsequently 7 used in the commission of a felony is a class “B” felony. 8 3. The theft of a motor vehicle as defined in chapter 9 321 not exceeding ten thousand dollars in value that is 10 subsequently used in the commission of a felony is a class 11 “C” felony. However, for purposes of this subsection, “motor 12 vehicle” does not include a motorized bicycle as defined in 13 section 321.1, subsection 40, paragraph “b” . 14 Sec. 2. NEW SECTION . 714.7A Operating a motor vehicle 15 without owner’s consent —— subsequent commission of felony. 16 1. Any person who takes possession or control of another 17 person’s motor vehicle as defined in chapter 321 without 18 the consent of the owner of such, but without the intent to 19 permanently deprive the owner thereof, and the vehicle is 20 subsequently used in the commission of a forcible felony as 21 defined in section 702.11, shall be guilty of a class “C” 22 felony. 23 2. Any person who takes possession or control of another 24 person’s motor vehicle as defined in chapter 321 without 25 the consent of the owner of such, but without the intent to 26 permanently deprive the owner thereof, and the vehicle is 27 subsequently used in the commission of a felony, shall be 28 guilty of a class “D” felony. 29 3. A violation of this section may be proved as a lesser 30 included offense on an indictment or information charging 31 theft. 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 -1- LSB 5096XS (4) 87 ns/rh 1/ 3

S.F. 2197 This bill provides enhanced criminal penalties for motor 1 vehicle theft when the vehicle is subsequently used in the 2 commission of a felony. Under current law, a class “B” felony 3 is punishable by imprisonment for no more than 25 years. A 4 class “C” felony is punishable by imprisonment for no more 5 than 10 years and a fine of at least $1,000 but not more than 6 $10,000. A class “D” felony is punishable by imprisonment for 7 no more than five years and a fine of at least $750 but not more 8 than $7,500. 9 The bill provides that theft of any motor vehicle, 10 regardless of value, subsequently used in the commission of a 11 forcible felony is a class “B” felony. A forcible felony is 12 defined under Code section 702.11 to be any felonious child 13 endangerment, assault, murder, sexual abuse, kidnapping, 14 robbery, human trafficking, arson in the first degree, or 15 burglary in the first degree, with certain exceptions. 16 Under current law, theft of a motor vehicle exceeding 17 $10,000 in value is a class “C” felony. The bill provides that 18 if the vehicle is subsequently used in the commission of a 19 felony, the theft is a class “B” felony. 20 Under current law, theft of a motor vehicle not exceeding 21 $10,000 in value is a class “D” felony. The bill provides 22 that if the vehicle is subsequently used in the commission 23 of a felony, the theft is a class “C” felony. Consistent 24 with current law, motorized bicycles are excluded from this 25 provision. 26 Under current law, taking possession or control of a 27 railroad vehicle, self-propelled vehicle, aircraft, or 28 motor boat without the consent of the owner, but without 29 the intent to permanently deprive the owner of the railroad 30 vehicle, self-propelled vehicle, aircraft, or motor boat, is 31 an aggravated misdemeanor. The bill provides that taking 32 possession or control of a motor vehicle without the consent of 33 the owner, but without the intent to permanently deprive the 34 owner of the vehicle, and the vehicle is subsequently used in 35 -2- LSB 5096XS (4) 87 ns/rh 2/ 3

S.F. 2197 the commission of a forcible felony, is a class “C” felony. If 1 the vehicle is subsequently used in the commission of a felony, 2 the violation is a class “D” felony. Consistent with current 3 law, a violation of these provisions may be proved as a lesser 4 included offense on an indictment or information charging 5 theft. 6 -3- LSB 5096XS (4) 87 ns/rh 3/ 3