S.F. 2382 DIVISION I 1 EXPUNGEMENTS 2 Section 1. Section 123.46, subsection 6, Code 2018, is 3 amended to read as follows: 4 6. Upon the expiration of two years following conviction 5 for a violation of this section and a violation or of a 6 similar local ordinance that arose from the same transaction 7 or occurrence , a person may petition the court to expunge the 8 conviction including the conviction for a violation of a local 9 ordinance that arose from the same transaction or occurrence , 10 and if the person has had no other criminal convictions, other 11 than local traffic violations or simple misdemeanor violations 12 of chapter 321 during the two-year period, the conviction and 13 the conviction for a violation of a local ordinance that arose 14 from the same transaction or occurrence shall be expunged as 15 a matter of law. The court shall enter an order that the 16 record of the conviction and the conviction for a violation 17 of a local ordinance that arose from the same transaction or 18 occurrence be expunged by the clerk of the district court. 19 Notwithstanding section 692.2 , after receipt of notice from the 20 clerk of the district court that a record of conviction and 21 the conviction for a violation of a local ordinance that arose 22 from the same transaction or occurrence has been expunged, 23 the record of conviction and the conviction for a violation 24 of a local ordinance that arose from the same transaction or 25 occurrence shall be removed from the criminal history data 26 files maintained by the department of public safety if such a 27 record was maintained in the criminal history data files. 28 Sec. 2. NEW SECTION . 901C.3 Misdemeanor —— expungement. 29 1. Upon application of a defendant convicted of a 30 misdemeanor offense, the court shall enter an order expunging 31 the record of such a criminal case, as a matter of law, if 32 the defendant has established that more than eight years 33 have passed since the date of the conviction, the defendant 34 is not the subject of a protective order or a no-contact 35 -1- LSB 5257SV (4) 87 jm/rh 1/ 41

S.F. 2382 order, the defendant has no pending criminal charges, the 1 defendant has not been subsequently convicted of or granted a 2 deferred judgment for any criminal offense, other than a simple 3 misdemeanor conviction under chapter 321 or of a similar local 4 ordinance, and all court costs, fees, fines, and restitution 5 and other financial obligations ordered by the court or 6 assessed by the clerk of the district court have been paid. 7 2. An expungement under this section shall not be entered 8 for any of the following misdemeanor convictions: 9 a. A conviction under section 123.46 or similar local 10 ordinance. 11 b. A simple misdemeanor conviction under section 123.47, 12 subsection 3, or similar local ordinance. 13 c. A conviction for dependent adult abuse under section 14 235B.20. 15 d. A conviction under section 321.218, 321A.32, or 321J.21. 16 e. A conviction under section 321J.2. 17 f. A conviction for a sex offense as defined in section 18 692A.101. 19 g. A conviction for involuntary manslaughter under section 20 707.5. 21 h. A conviction for assault under section 708.2, subsection 22 3. 23 i. A conviction under section 708.2A. 24 j. A conviction for harassment under section 708.7. 25 k. A conviction for stalking under section 708.11. 26 l. A conviction for removal of an officer’s communication or 27 control device under section 708.12. 28 m. A conviction for trespass under section 716.8, subsection 29 3 or 4. 30 n. A conviction under chapter 717C. 31 o. A conviction under chapter 719. 32 p. A conviction under chapter 720. 33 q. A conviction under section 721.2. 34 r. A conviction under section 721.10. 35 -2- LSB 5257SV (4) 87 jm/rh 2/ 41

S.F. 2382 s. A conviction under section 723.1. 1 t. A conviction under chapter 724. 2 u. A conviction under chapter 726. 3 v. A conviction under chapter 728. 4 w. A conviction under chapter 901A. 5 x. A conviction for a comparable offense listed in 49 C.F.R. 6 §383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4). 7 y. A conviction under prior law of an offense comparable to 8 an offense enumerated in this subsection. 9 3. A person shall only be allowed to apply for an 10 expungement of a record under this section one time in 11 the person’s lifetime. However, the one application may 12 request the expungement of records relating to more than one 13 misdemeanor offense if the misdemeanor offenses arose from the 14 same transaction or occurrence, and the application contains 15 the misdemeanor offenses to be expunged. 16 4. The expunged record under this section is a confidential 17 record exempt from public access under section 22.7 but shall 18 be made available by the clerk of the district court upon court 19 order. 20 5. Notwithstanding section 692.2, after receipt of 21 notice from the clerk of the district court that a record of 22 conviction has been expunged under subsection 1, the record 23 of conviction 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 6. The supreme court may prescribe rules governing the 27 procedures applicable to the expungement of a criminal case 28 under this section. 29 7. This section applies to a misdemeanor conviction that 30 occurred prior to, on, or after July 1, 2018. 31 DIVISION II 32 ROBBERY 33 Sec. 3. NEW SECTION . 702.26 Simulated firearm. 34 “Simulated firearm” means a device which is not a firearm, 35 -3- LSB 5257SV (4) 87 jm/rh 3/ 41

S.F. 2382 but which is expressly represented to be a firearm, or 1 an object which is not a firearm but which is impliedly 2 represented to be a firearm and which under the circumstances 3 would lead a reasonable person to believe it to be a firearm. 4 Sec. 4. NEW SECTION . 702.27 Simulated explosive. 5 “Simulated explosive” means a device which is not an 6 explosive, but which is expressly represented to be an 7 explosive, or a device which is not an explosive but is 8 impliedly represented to be an explosive and which by its 9 appearance would lead a reasonable person to believe it to be 10 an explosive. 11 Sec. 5. Section 711.2, Code 2018, is amended to read as 12 follows: 13 711.2 Robbery in the first degree. 14 A person commits robbery in the first degree when, while 15 perpetrating a robbery, the person purposely inflicts or 16 attempts to inflict serious injury, or is armed with a 17 dangerous weapon , simulated firearm, or simulated explosive . 18 Robbery in the first degree is a class “B” felony. 19 Sec. 6. Section 711.3, Code 2018, is amended to read as 20 follows: 21 711.3 Robbery in the second degree. 22 All robbery which is not robbery in the first degree is 23 robbery in the second degree , except as provided in section 24 711.3A . Robbery in the second degree is a class “C” felony. 25 Sec. 7. Section 901.11, Code 2018, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 2A. At the time of sentencing, the court 28 shall determine when a person convicted of robbery in the first 29 degree as described in section 902.12, subsection 2A, shall 30 first become eligible for parole or work release within the 31 parameters specified in section 902.12, subsection 2A, based 32 upon all pertinent information including the person’s criminal 33 record, a validated risk assessment, and the negative impact 34 the offense has had on the victim or other persons. 35 -4- LSB 5257SV (4) 87 jm/rh 4/ 41

S.F. 2382 Sec. 8. Section 902.12, subsection 1, paragraph e, Code 1 2018, is amended to read as follows: 2 e. Robbery in the first or second degree in violation of 3 section 711.2 or 711.3 , except as determined in subsection 3 . 4 Sec. 9. Section 902.12, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 2A. a. A person serving a sentence for 7 a conviction for robbery in the first degree in violation of 8 section 711.2 for a conviction that occurs on or after July 1, 9 2018, shall be denied parole or work release until the person 10 has served between one-half and seven-tenths of the maximum 11 term of the person’s sentence as determined under section 12 901.11, subsection 2A. 13 b. Notwithstanding section 902.12, subsection 1, paragraph 14 “e” , Code 2018, if a person is serving a sentence for robbery in 15 the first degree in violation of section 711.2 for a conviction 16 that occurs prior to July 1, 2018, the person shall be denied 17 parole or work release until the person has served between 18 one-half and seven-tenths of the maximum term of the person’s 19 sentence as determined by the board of parole based upon the 20 person’s criminal record, a validated risk assessment, and the 21 negative impact the offense has had on the victim or other 22 persons. 23 Sec. 10. REPEAL. Section 711.3A, Code 2018, is repealed. 24 DIVISION III 25 PROPERTY CRIMES —— VALUE 26 Sec. 11. Section 712.3, Code 2018, is amended to read as 27 follows: 28 712.3 Arson in the second degree. 29 Arson which is not arson in the first degree is arson in the 30 second degree when the property which is the subject of the 31 arson is a building or a structure, or real property of any 32 kind, or standing crops, or is personal property the value of 33 which exceeds five seven hundred fifty dollars. Arson in the 34 second degree is a class “C” felony. 35 -5- LSB 5257SV (4) 87 jm/rh 5/ 41

S.F. 2382 Sec. 12. Section 714.2, Code 2018, is amended to read as 1 follows: 2 714.2 Degrees of theft. 3 1. The theft of property exceeding ten thousand dollars in 4 value, or the theft of property from the person of another, or 5 from a building which has been destroyed or left unoccupied 6 because of physical disaster, riot, bombing, or the proximity 7 of battle, or the theft of property which has been removed from 8 a building because of a physical disaster, riot, bombing, or 9 the proximity of battle, is theft in the first degree. Theft 10 in the first degree is a class “C” felony. 11 2. The theft of property exceeding one thousand five 12 hundred dollars but not exceeding ten thousand dollars in value 13 or theft of a motor vehicle as defined in chapter 321 not 14 exceeding ten thousand dollars in value, is theft in the second 15 degree. Theft in the second degree is a class “D” felony. 16 However, for purposes of this subsection , “motor vehicle” does 17 not include a motorized bicycle as defined in section 321.1, 18 subsection 40 , paragraph “b” . 19 3. The theft of property exceeding five seven hundred fifty 20 dollars but not exceeding one thousand five hundred dollars in 21 value, or the theft of any property not exceeding five hundred 22 dollars in value by one who has before been twice convicted of 23 theft, is theft in the third degree. Theft in the third degree 24 is an aggravated misdemeanor. 25 4. The theft of property exceeding two three hundred dollars 26 in value but not exceeding five seven hundred fifty dollars 27 in value is theft in the fourth degree. Theft in the fourth 28 degree is a serious misdemeanor. 29 5. The theft of property not exceeding two three hundred 30 dollars in value is theft in the fifth degree. Theft in the 31 fifth degree is a simple misdemeanor. 32 Sec. 13. Section 714.3A, subsection 1, Code 2018, is amended 33 to read as follows: 34 1. A person commits aggravated theft when the person commits 35 -6- LSB 5257SV (4) 87 jm/rh 6/ 41

S.F. 2382 an assault as defined in section 708.1, subsection 2 , paragraph 1 “a” , that is punishable as a simple misdemeanor under section 2 708.2, subsection 6 , after the person has removed or attempted 3 to remove property not exceeding two three hundred dollars in 4 value which has not been purchased from a store or mercantile 5 establishment, or has concealed such property of the store or 6 mercantile establishment, either on the premises or outside the 7 premises of the store or mercantile establishment. 8 Sec. 14. Section 714.7B, subsection 6, paragraphs a and b, 9 Code 2018, are amended to read as follows: 10 a. A simple misdemeanor if the value of the goods, wares, or 11 merchandise does not exceed two three hundred dollars. 12 b. A serious misdemeanor if the value of the goods, wares, 13 or merchandise exceeds two three hundred dollars. 14 Sec. 15. Section 714.10, subsection 1, Code 2018, is amended 15 to read as follows: 16 1. Fraudulent practice in the second degree is the 17 following: 18 a. A fraudulent practice where the amount of money or value 19 of property or services involved exceeds one thousand five 20 hundred dollars but does not exceed ten thousand dollars. 21 b. A fraudulent practice where the amount of money or 22 value of property or services involved does not exceed one 23 thousand five hundred dollars by one who has been convicted of 24 a fraudulent practice twice before. 25 Sec. 16. Section 714.11, subsection 1, paragraph a, Code 26 2018, is amended to read as follows: 27 a. A fraudulent practice where the amount of money or value 28 of property or services involved exceeds five seven hundred 29 fifty dollars but does not exceed one thousand five hundred 30 dollars. 31 Sec. 17. Section 714.12, Code 2018, is amended to read as 32 follows: 33 714.12 Fraudulent practice in the fourth degree. 34 1. Fraudulent practice in the fourth degree is a fraudulent 35 -7- LSB 5257SV (4) 87 jm/rh 7/ 41

S.F. 2382 practice where the amount of money or value of property or 1 services involved exceeds two three hundred dollars but does 2 not exceed five seven hundred fifty dollars. 3 2. Fraudulent practice in the fourth degree is a serious 4 misdemeanor. 5 Sec. 18. Section 714.13, Code 2018, is amended to read as 6 follows: 7 714.13 Fraudulent practice in the fifth degree. 8 1. Fraudulent practice in the fifth degree is a fraudulent 9 practice where the amount of money or value of property or 10 services involved does not exceed two three hundred dollars. 11 2. Fraudulent practice in the fifth degree is a simple 12 misdemeanor. 13 Sec. 19. Section 715A.6, subsection 2, paragraphs b and c, 14 Code 2018, are amended to read as follows: 15 b. If the value of the property or services secured or 16 sought to be secured by means of the credit card is greater 17 than one thousand five hundred dollars but not more than ten 18 thousand dollars, an offense under this section is a class “D” 19 felony. 20 c. If the value of the property or services secured 21 or sought to be secured by means of the credit card is one 22 thousand five hundred dollars or less, an offense under this 23 section is an aggravated misdemeanor. 24 Sec. 20. Section 715A.8, subsection 3, paragraphs b and c, 25 Code 2018, are amended to read as follows: 26 b. If the value of the credit, property, services, or other 27 benefit exceeds one thousand five hundred dollars but does not 28 exceed ten thousand dollars, the person commits a class “D” 29 felony. 30 c. If the value of the credit, property, services, or other 31 benefit does not exceed one thousand five hundred dollars, the 32 person commits an aggravated misdemeanor. 33 Sec. 21. Section 716.4, subsection 1, Code 2018, is amended 34 to read as follows: 35 -8- LSB 5257SV (4) 87 jm/rh 8/ 41

S.F. 2382 1. Criminal mischief is criminal mischief in the second 1 degree if the cost of replacing, repairing, or restoring the 2 property that is damaged, defaced, altered, or destroyed 3 exceeds one thousand five hundred dollars but does not exceed 4 ten thousand dollars. 5 Sec. 22. Section 716.5, subsection 1, paragraph a, Code 6 2018, is amended to read as follows: 7 a. The cost of replacing, repairing, or restoring the 8 property that is damaged, defaced, altered, or destroyed 9 exceeds five seven hundred fifty dollars, but does not exceed 10 one thousand five hundred dollars. 11 Sec. 23. Section 716.6, subsection 1, paragraph a, 12 subparagraph (1), Code 2018, is amended to read as follows: 13 (1) The cost of replacing, repairing, or restoring the 14 property that is damaged, defaced, altered, or destroyed 15 exceeds two three hundred dollars, but does not exceed five 16 seven hundred fifty dollars. 17 Sec. 24. Section 716.8, subsections 2 and 4, Code 2018, are 18 amended to read as follows: 19 2. Any person committing a trespass as defined in section 20 716.7 , other than a trespass as defined in section 716.7, 21 subsection 2 , paragraph “a” , subparagraph (6), which results in 22 injury to any person or damage in an amount more than two three 23 hundred dollars to anything, animate or inanimate, located 24 thereon or therein commits a serious misdemeanor. 25 4. A person committing a trespass as defined in section 26 716.7 with the intent to commit a hate crime which results in 27 injury to any person or damage in an amount more than two three 28 hundred dollars to anything, animate or inanimate, located 29 thereon or therein commits an aggravated misdemeanor. 30 Sec. 25. Section 716.10, subsection 2, paragraphs d, e, f, 31 and g, Code 2018, are amended to read as follows: 32 d. A person commits railroad vandalism in the fourth degree 33 if the person intentionally commits railroad vandalism which 34 results in property damage which costs ten thousand dollars 35 -9- LSB 5257SV (4) 87 jm/rh 9/ 41

S.F. 2382 or less but more than one thousand five hundred dollars to 1 replace, repair, or restore. Railroad vandalism in the fourth 2 degree is a class “D” felony. 3 e. A person commits railroad vandalism in the fifth degree 4 if the person intentionally commits railroad vandalism which 5 results in property damage which costs more than five seven 6 hundred fifty dollars but does not exceed one thousand five 7 hundred dollars to replace, repair, or restore. Railroad 8 vandalism in the fifth degree is an aggravated misdemeanor. 9 f. A person commits railroad vandalism in the sixth degree 10 if the person intentionally commits railroad vandalism which 11 results in property damage which costs more than one three 12 hundred dollars but does not exceed five seven hundred fifty 13 dollars to replace, repair, or restore. Railroad vandalism in 14 the sixth degree is a serious misdemeanor. 15 g. A person commits railroad vandalism in the seventh 16 degree if the person intentionally commits railroad vandalism 17 which results in property damage which costs one three hundred 18 dollars or less to replace, repair, or restore. Railroad 19 vandalism in the seventh degree is a simple misdemeanor. 20 Sec. 26. Section 716A.2, subsection 2, paragraph b, Code 21 2018, is amended to read as follows: 22 b. The revenue generated from a specific unsolicited bulk 23 electronic mail transmission exceeds one thousand five hundred 24 dollars or the total revenue generated from all unsolicited 25 bulk electronic mail transmitted to any electronic mail service 26 provider by the person exceeds fifty thousand dollars. 27 DIVISION IV 28 REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS 29 Sec. 27. Section 124.412, Code 2018, is amended to read as 30 follows: 31 124.412 Notice of conviction. 32 If a person enters a plea of guilty to, or forfeits bail 33 or collateral deposited to secure the person’s appearance in 34 court, and such forfeiture is not vacated, or if a person 35 -10- LSB 5257SV (4) 87 jm/rh 10/ 41

S.F. 2382 is found guilty upon an indictment or information alleging a 1 violation of this chapter , a copy of the minutes attached to 2 the indictment returned by the grand jury, or to the county 3 attorney’s information, a copy of the judgment and sentence, 4 and a copy of the opinion of the judge if one is filed, shall 5 be sent by the clerk of the district court or the judge to 6 the state department of transportation and to any state board 7 or officer by whom the convicted person has been licensed or 8 registered to practice the person’s profession or carry on 9 the person’s business. On the conviction of a person, the 10 court may suspend or revoke the license or registration of the 11 convicted defendant to practice the defendant’s profession 12 or carry on the defendant’s business. On the application of 13 a person whose license or registration has been suspended or 14 revoked, and upon proper showing and for good cause, the board 15 or officer may reinstate the license or registration. 16 Sec. 28. Section 321.212, subsection 1, paragraph d, Code 17 2018, is amended by striking the paragraph. 18 Sec. 29. Section 321.215, subsection 1, paragraph b, Code 19 2018, is amended to read as follows: 20 b. However, a temporary restricted license shall not be 21 issued to a person whose license is revoked pursuant to a court 22 order issued under section 901.5, subsection 10 , or under 23 section 321.209, subsections 1 through 5 or subsection 7 ; to a 24 juvenile whose license has been suspended or revoked pursuant 25 to a dispositional order under section 232.52, subsection 26 2 , paragraph “a” , for a violation of chapter 124 or 453B or 27 section 126.3 ; to a juvenile whose license has been suspended 28 under section 321.213B ; or to a person whose license has been 29 suspended pursuant to a court order under section 714.7D . A 30 temporary restricted license may be issued to a person whose 31 license is revoked under section 321.209, subsection 6 , only 32 if the person has no previous drag racing convictions. A 33 person holding a temporary restricted license issued by the 34 department under this section shall not operate a motor vehicle 35 -11- LSB 5257SV (4) 87 jm/rh 11/ 41

S.F. 2382 for pleasure. 1 Sec. 30. Section 321.215, subsection 2, unnumbered 2 paragraph 1, Code 2018, is amended to read as follows: 3 Upon conviction and the suspension or revocation of a 4 person’s noncommercial driver’s license under section 321.209, 5 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; 6 or upon revocation pursuant to a court order issued under 7 section 901.5, subsection 10 ; or upon the denial of issuance 8 of a noncommercial driver’s license under section 321.560 , 9 based solely on offenses enumerated in section 321.555, 10 subsection 1 , paragraph “c” , or section 321.555, subsection 11 2 ; or upon suspension or revocation of a juvenile’s driver’s 12 license pursuant to a dispositional order under section 232.52, 13 subsection 2 , paragraph “a” , for a violation of chapter 124 14 or 453B , or section 126.3 ; or upon suspension of a driver’s 15 license pursuant to a court order under section 714.7D , the 16 person may apply to the department for a temporary restricted 17 license to operate a motor vehicle for the limited purpose or 18 purposes specified in subsection 1 . The application may be 19 granted only if all of the following criteria are satisfied: 20 Sec. 31. Section 321.215, subsection 2, paragraph c, Code 21 2018, is amended to read as follows: 22 c. Proof of financial responsibility is established as 23 defined in chapter 321A . However, such proof is not required 24 if the driver’s license was suspended under section 321.210A 25 or 321.513 or revoked pursuant to a court order issued under 26 section 901.5, subsection 10 . 27 Sec. 32. Section 321.218, subsection 1, Code 2018, is 28 amended to read as follows: 29 1. A person whose driver’s license or operating privilege 30 has been denied, canceled, suspended, or revoked as provided 31 in this chapter or as provided in section 252J.8 or section 32 901.5, subsection 10 , and who operates a motor vehicle upon 33 the highways of this state while the license or privilege 34 is denied, canceled, suspended, or revoked, commits a 35 -12- LSB 5257SV (4) 87 jm/rh 12/ 41

S.F. 2382 simple misdemeanor. In addition to any other penalties, the 1 punishment imposed for a violation of this subsection shall 2 include assessment of a fine of not less than two hundred fifty 3 dollars nor more than one thousand five hundred dollars. 4 Sec. 33. Section 321A.17, subsection 4, Code 2018, is 5 amended to read as follows: 6 4. An individual applying for a driver’s license following a 7 period of suspension or revocation pursuant to a dispositional 8 order issued under section 232.52, subsection 2 , paragraph 9 “a” , or under section 321.180B , section 321.210, subsection 10 1 , paragraph “a” , subparagraph (4), or section 321.210A , 11 321.213A , 321.213B , 321.216B , or 321.513 , following a period 12 of suspension or revocation under section 321.178 or 321.194 , 13 or following a period of revocation pursuant to a court order 14 issued under section 901.5, subsection 10 , or under section 15 321J.2A , is not required to maintain proof of financial 16 responsibility under this section . 17 Sec. 34. Section 901.5, subsection 10, Code 2018, is amended 18 by striking the subsection. 19 Sec. 35. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s 20 driver’s license suspended or revoked pursuant to section 21 901.5, subsection 10, prior to the effective date of this Act, 22 shall be reinstated, if the defendant is otherwise eligible for 23 a driver’s license. 24 Sec. 36. CONTINGENT EFFECTIVE DATE. This division of this 25 Act takes effect on the date the governor submits to the United 26 States secretary of transportation a written certification 27 that the governor is opposed to the enforcement in this state 28 of a law described in 23 U.S.C. §159(a)(3)(A) and a written 29 certification that the general assembly has adopted a joint 30 resolution expressing its opposition to the same, in accordance 31 with 23 U.S.C. §159(a)(3)(B). The office of the governor shall 32 notify the Code editor upon submission of the certifications 33 described in this section. 34 DIVISION V 35 -13- LSB 5257SV (4) 87 jm/rh 13/ 41

S.F. 2382 THEFT, FRAUD, AND FORGERY REVISIONS 1 Sec. 37. NEW SECTION . 714.2A Consolidation of theft 2 offenses. 3 For purposes of charging a person with theft, any conduct 4 specified as theft in section 714.1, subsections 1 through 10, 5 constitutes a single offense of theft embracing the separated 6 offenses of theft known as taking, misappropriation, theft by 7 deception, possession or receipt of stolen property, fraudulent 8 conversion, check fraud, theft from a public utility, unlawful 9 access to a computer, theft of video rental property, and other 10 similar offenses related to theft. An accusation of theft may 11 be supported by evidence that it was committed in any manner 12 that would be theft under sections 714.1, subsections 1 through 13 10, notwithstanding the specification of a different manner 14 in the complaint, indictment, or information, subject only 15 to the power of the court to ensure a fair trial by granting 16 a continuance or other appropriate relief where the conduct 17 of the defense would be prejudiced by lack of fair notice or 18 surprise. 19 Sec. 38. Section 715A.2, subsection 2, paragraph a, Code 20 2018, is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (5) A driver’s license, nonoperator’s 22 identification card, birth certificate, or occupational license 23 or certificate in support of an occupational license issued by 24 a department, agency, board, or commission in this state. 25 Sec. 39. Section 715A.2A, subsection 1, paragraphs a and b, 26 Code 2018, are amended to read as follows: 27 a. Hires a person when the employer or an agent or employee 28 of the employer knows that the document evidencing the person’s 29 authorized stay or employment in the United States is in 30 violation of section 715A.2, subsection 2 , paragraph “a” , 31 subparagraph (4) or (5) , or knows that the person is not 32 authorized to be employed in the United States. 33 b. Continues to employ a person when the employer or an 34 agent or employee of the employer knows that the document 35 -14- LSB 5257SV (4) 87 jm/rh 14/ 41

S.F. 2382 evidencing the person’s authorized stay or employment in the 1 United States is in violation of section 715A.2, subsection 2 , 2 paragraph “a” , subparagraph (4) or (5) , or knows that the person 3 is not authorized to be employed in the United States. 4 Sec. 40. Section 802.5, Code 2018, is amended to read as 5 follows: 6 802.5 Extension for fraud, fiduciary breach. 7 1. If the periods prescribed in sections 802.3 and 802.4 8 have expired, prosecution may nevertheless be commenced for any 9 offense a material element of which is either fraud or a breach 10 of fiduciary obligation within one year after discovery of the 11 offense by an aggrieved party or by a person who has a legal 12 duty to represent an aggrieved party and who is not a party to 13 the offense, but in no case shall this provision extend the 14 period of limitation otherwise applicable by more than three 15 five years. 16 2. A prosecution may be commenced under this section as 17 long as the appropriate law enforcement agency has not delayed 18 the investigation in bad faith. This subsection shall not be 19 construed to require a law enforcement agency to pursue an 20 unknown offender with due diligence. 21 DIVISION VI 22 CRIMINAL PROCEEDINGS 23 Sec. 41. NEW SECTION . 701.12 Reference to victim in 24 criminal proceeding. 25 In a criminal prosecution, the prosecuting attorney or 26 a witness may refer to a person using the term “victim” 27 during any criminal proceeding including at trial, if there 28 is sufficient evidence to support a finding that the person 29 referred to as the victim meets the definition of a victim in 30 section 915.10. A conviction shall not be reversed on appeal 31 based upon a reference or references to a person as a victim 32 during a criminal proceeding, if there is sufficient evidence 33 in the record to support a finding that the person meets the 34 definition of victim in section 915.10. 35 -15- LSB 5257SV (4) 87 jm/rh 15/ 41

S.F. 2382 Sec. 42. Section 814.6, subsection 1, paragraph a, Code 1 2018, is amended to read as follows: 2 a. A final judgment of sentence, except in case of the 3 following cases: 4 (1) A simple misdemeanor and ordinance violation 5 convictions conviction . 6 (2) An ordinance violation. 7 (3) A conviction where the defendant has pled guilty. This 8 subparagraph does not apply to a guilty plea for a class “A” 9 felony. 10 Sec. 43. Section 814.6, subsection 2, Code 2018, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . f. An order denying a motion in arrest of 13 judgment on grounds other than an ineffective assistance of 14 counsel claim. 15 Sec. 44. Section 814.7, Code 2018, is amended to read as 16 follows: 17 814.7 Ineffective assistance claim on appeal in a criminal 18 case. 19 1. An ineffective assistance of counsel claim in a 20 criminal case shall be determined by filing an application 21 for postconviction relief pursuant to chapter 822 , except as 22 otherwise provided in this section . The claim need not be 23 raised on direct appeal from the criminal proceedings in order 24 to preserve the claim for postconviction relief purposes , 25 and the claim shall not be decided on direct appeal from the 26 criminal proceedings . 27 2. A party may, but is not required to, raise an ineffective 28 assistance claim on direct appeal from the criminal proceedings 29 if the party has reasonable grounds to believe that the record 30 is adequate to address the claim on direct appeal. 31 3. If an ineffective assistance of counsel claim is raised 32 on direct appeal from the criminal proceedings, the court may 33 decide the record is adequate to decide the claim or may choose 34 to preserve the claim for determination under chapter 822 . 35 -16- LSB 5257SV (4) 87 jm/rh 16/ 41

S.F. 2382 Sec. 45. NEW SECTION . 814.28 General verdicts. 1 When the prosecution relies on multiple or alternative 2 theories to prove the commission of a public offense, a jury 3 may return a general verdict. If the jury returns a general 4 verdict, an appellate court shall not set aside or reverse such 5 a verdict on the basis of a defective or insufficient theory 6 if one or more of the theories presented and described in the 7 complaint, information, or indictment is sufficient to sustain 8 the verdict on at least one count. 9 Sec. 46. NEW SECTION . 814.29 Guilty pleas —— challenges. 10 If a defendant challenges a guilty plea based on an alleged 11 defect in the plea proceedings, the plea shall not be vacated 12 unless the defendant demonstrates that the defendant more 13 likely than not would not have pled guilty if the defect had 14 not occurred. The burden applies whether the challenge is 15 made through a motion in arrest of judgment or on appeal. Any 16 provision in the Iowa rules of criminal procedure that are 17 inconsistent with this section shall have no legal effect. 18 Sec. 47. Section 822.6, unnumbered paragraph 1, Code 2018, 19 is amended to read as follows: 20 Within thirty days after the docketing of the application, 21 or within any further time the court may fix, the state shall 22 respond by answer or by motion which may be supported by 23 affidavits. At any time prior to entry of judgment the court 24 may grant leave to withdraw the application. The court may 25 make appropriate orders for amendment of the application or 26 any pleading or motion, for pleading over, for filing further 27 pleadings or motions, or for extending the time of the filing 28 of any pleading. In considering the application the court 29 shall take account of substance regardless of defects of form. 30 If the application is not accompanied by the record of the 31 proceedings challenged therein, the respondent shall file with 32 its answer the record or portions thereof that are material to 33 the questions raised in the application. 34 Sec. 48. NEW SECTION . 822.10A Underlying criminal offense. 35 -17- LSB 5257SV (4) 87 jm/rh 17/ 41

S.F. 2382 The court file containing the conviction for which an 1 applicant seeks postconviction relief shall be part of the 2 record in any action under this chapter. Upon the filing 3 of an application for postconviction relief pursuant to 4 section 822.3, the clerk of the district court shall make the 5 underlying criminal file records accessible to the applicant, 6 county attorney, and attorney general. If the criminal file 7 records are not available in electronic format, the clerk of 8 the district court shall convert the records to an electronic 9 format and make the records available to the applicant, county 10 attorney, and attorney general. 11 DIVISION VII 12 STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND 13 INVESTIGATIONS 14 Sec. 49. Section 331.802, subsection 5, Code 2018, is 15 amended by adding the following new paragraphs: 16 NEW PARAGRAPH . c. In formulating findings and conclusions 17 regarding the cause and manner of death, the state medical 18 examiner or county medical examiner shall be allowed to rely 19 upon and include in the report referred to in subsection 2, 20 paragraph “a” , any information provided by the county attorney 21 or law enforcement agency to the medical examiner making the 22 autopsy. 23 NEW PARAGRAPH . d. The state medical examiner or county 24 medical examiner may rely upon and consider statements by 25 witnesses or other persons for purposes of developing a 26 clinical history of the decedent that preceded death when 27 formulating findings and conclusions on the cause and manner of 28 death. A court shall not exclude a medical examiner’s opinion 29 as to the cause of death on the basis that the medical examiner 30 relied on out-of-court statements in forming that opinion, and 31 such an opinion shall not constitute reversible error. 32 Sec. 50. Section 331.802, subsection 6, Code 2018, is 33 amended to read as follows: 34 6. a. The report of an investigation made by the state 35 -18- LSB 5257SV (4) 87 jm/rh 18/ 41

S.F. 2382 medical examiner or a county medical examiner and the record 1 and report of an autopsy made under this section or chapter 2 691 , shall be received as evidence in any court or other 3 proceedings, except that statements by witnesses or other 4 persons and conclusions on extraneous matters included in the 5 report are not admissible including any findings of the state 6 medical examiner or county medical examiner and any information 7 provided by a prosecuting attorney or law enforcement agency, 8 if the information is admissible under the Iowa rules of 9 evidence or have otherwise been substantially admitted into 10 evidence . The person preparing a report or record given 11 in evidence may be subpoenaed as a witness in any civil or 12 criminal case by any party to the cause. A copy of a record, 13 photograph, laboratory finding, or record in the office of the 14 state medical examiner or any medical examiner, when attested 15 to by the state medical examiner or a staff member or the 16 medical examiner in whose office the record, photograph, or 17 finding is filed, shall be received as evidence in any court 18 or other proceedings for any purpose for which the original 19 could be received without proof of the official character of 20 the person whose name is signed to it. 21 b. The state medical examiner and county medical examiner 22 may rely upon and consider statements by witnesses or other 23 persons for purposes of developing a clinical history of the 24 decedent that preceded death when formulating findings and 25 conclusions on the cause and manner of death. 26 Sec. 51. NEW SECTION . 691.5A Investigations. 27 In lieu of conducting an investigation pursuant to this 28 chapter, the state medical examiner may rely exclusively upon 29 the findings of the county medical examiner, county attorney, 30 or a law enforcement agency. 31 DIVISION VIII 32 CRIMINAL PENALTIES 33 Sec. 52. Section 124.401, subsection 5, Code 2018, is 34 amended to read as follows: 35 -19- LSB 5257SV (4) 87 jm/rh 19/ 41

S.F. 2382 5. It is unlawful for any person knowingly or intentionally 1 to possess a controlled substance unless such substance was 2 obtained directly from, or pursuant to, a valid prescription 3 or order of a practitioner while acting in the course of the 4 practitioner’s professional practice, or except as otherwise 5 authorized by this chapter . Any Except as otherwise provided 6 in this subsection, any person who violates this subsection 7 is guilty of a serious misdemeanor for a first offense. A 8 person who commits a violation of this subsection and who has 9 previously been convicted of violating this chapter or chapter 10 124B or 453B , or chapter 124A as it existed prior to July 1, 11 2017, is guilty of an aggravated misdemeanor. A person who 12 commits a violation of this subsection and has previously 13 been convicted two or more times of violating this chapter or 14 chapter 124B or 453B , or chapter 124A as it existed prior to 15 July 1, 2017, is guilty of a class “D” felony. 16 a. (1) If Except as otherwise provided in subparagraph (4), 17 if the controlled substance is marijuana, the punishment shall 18 be by imprisonment in the county jail for not more than six 19 months or by a fine of not more than one thousand dollars, or by 20 both such fine and imprisonment for a first offense. 21 (2) If the controlled substance is marijuana and the person 22 has been previously convicted of a violation of this subsection 23 in which the controlled substance was marijuana, the punishment 24 shall be as provided in section 903.1, subsection 1 , paragraph 25 “b” . 26 (3) If the controlled substance is marijuana and the person 27 has been previously convicted two or more times of a violation 28 of this subsection in which the controlled substance was 29 marijuana, the person is guilty of an aggravated misdemeanor. 30 (4) If the controlled substance is marijuana and is five 31 grams or less and subparagraphs (2) and (3) do not apply, the 32 person is guilty of a simple misdemeanor. 33 b. Convictions for violations in any other states under 34 statutes substantially corresponding to this subsection shall 35 -20- LSB 5257SV (4) 87 jm/rh 20/ 41

S.F. 2382 be counted as previous offenses. The courts shall judicially 1 notice the statutes of other states which define offenses 2 substantially equivalent to the offenses defined in this 3 subsection and can therefore be considered corresponding 4 statutes. Each previous violation on which a conviction was 5 entered prior to the date of the violation charged shall be 6 considered and counted as separate previous offense. 7 c. All or any part of a sentence imposed pursuant to 8 this subsection may be suspended and the person placed upon 9 probation upon such terms and conditions as the court may 10 impose including the active participation by such person in a 11 drug treatment, rehabilitation or education program approved 12 by the court. 13 d. If a person commits a violation of this subsection , the 14 court shall order the person to serve a term of imprisonment of 15 not less than forty-eight hours. Any sentence imposed may be 16 suspended, and the court shall place the person on probation 17 upon such terms and conditions as the court may impose. If 18 the person is not sentenced to confinement under the custody 19 of the director of the department of corrections, the terms 20 and conditions of probation shall require submission to random 21 drug testing. If the person fails a drug test, the court may 22 transfer the person’s placement to any appropriate placement 23 permissible under the court order. 24 e. If the controlled substance is amphetamine, its salts, 25 isomers, or salts of its isomers, or methamphetamine, its 26 salts, isomers, or salts of its isomers, the court shall order 27 the person to serve a term of imprisonment of not less than 28 forty-eight hours. Any sentence imposed may be suspended, 29 and the court shall place the person on probation upon such 30 terms and conditions as the court may impose. The court may 31 place the person on intensive probation. However, the terms 32 and conditions of probation shall require submission to random 33 drug testing. If the person fails a drug test, the court may 34 transfer the person’s placement to any appropriate placement 35 -21- LSB 5257SV (4) 87 jm/rh 21/ 41

S.F. 2382 permissible under the court order. 1 Sec. 53. Section 707.6A, subsection 2, Code 2018, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. Exceeding the speed limit by twenty-five 4 miles per hour or more, in violation of section 321.285, 5 321.290, 321.293, or 321.295, if the death of the other person 6 directly or indirectly results from the violation of section 7 321.285, 321.290, 321.293, or 321.295. This paragraph shall 8 not apply to a member of a public safety agency, as defined in 9 section 34.1, performing official duties. 10 Sec. 54. Section 901.11, Code 2018, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4. At the time of sentencing, the court 13 shall determine when a person convicted of arson in the first 14 degree as described in section 902.12, subsection 4, shall 15 first become eligible for parole or work release within the 16 parameters specified in section 902.12, subsection 3, based 17 upon all pertinent information including the person’s criminal 18 record, a validated risk assessment, and the negative impact 19 the offense has had on the victim or other persons. 20 Sec. 55. Section 902.12, Code 2018, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. A person serving a sentence for a 23 conviction for arson in the first degree in violation of 24 section 712.2 that occurs on or after July 1, 2018, shall 25 be denied parole or work release until the person has served 26 between one-half and seven-tenths of the maximum term of 27 the person’s sentence as determined under section 901.11, 28 subsection 4. 29 DIVISION IX 30 JUROR SERVICE AND DONATIONS 31 Sec. 56. Section 602.1302, subsection 3, Code 2018, is 32 amended to read as follows: 33 3. A revolving fund is created in the state treasury 34 for the payment of jury and witness fees, including juror 35 -22- LSB 5257SV (4) 87 jm/rh 22/ 41

S.F. 2382 compensation and reimbursement donated pursuant to section 1 607A.8A, mileage, costs related to summoning jurors by the 2 judicial branch, costs and fees related to the management and 3 payment of interpreters and translators in judicial branch 4 legal proceedings and court-ordered programs, and attorney 5 fees paid by the state public defender for counsel appointed 6 pursuant to section 600A.6A . The judicial branch shall 7 deposit any reimbursements to the state for the payment of 8 jury and witness fees and mileage in the revolving fund. In 9 each calendar quarter the judicial branch shall reimburse 10 the state public defender for attorney fees paid pursuant to 11 section 600A.6B . Notwithstanding section 8.33 , unencumbered 12 and unobligated receipts in the revolving fund at the end of 13 a fiscal year do not revert to the general fund of the state. 14 The judicial branch shall on or before February 1 file a 15 financial accounting of the moneys in the revolving fund with 16 the legislative services agency. The accounting shall include 17 an estimate of disbursements from the revolving fund for the 18 remainder of the fiscal year and for the next fiscal year. 19 Sec. 57. NEW SECTION . 607A.6A Jury manager authority to 20 excuse or defer juror service. 21 The chief judge of the judicial district may authorize a jury 22 manager to excuse persons from juror service in accordance with 23 section 607A.4, 607A.5, or 607A.6 and to defer persons from 24 juror service in accordance with section 607A.4, 607A.5, or 25 607A.6, or for any other reason. 26 Sec. 58. Section 607A.8, subsection 3, Code 2018, is amended 27 to read as follows: 28 3. A grand juror or a petit juror in all courts may 29 waive the right of the juror to receive compensation under 30 subsection 1 or reimbursement under subsection 2 or donate such 31 compensation or reimbursement pursuant to section 607A.8A . 32 Sec. 59. NEW SECTION . 607A.8A Donation of juror 33 compensation or reimbursement to state funds and charitable 34 organizations. 35 -23- LSB 5257SV (4) 87 jm/rh 23/ 41

S.F. 2382 1. At the discretion of a juror, the clerk of court may 1 deduct an amount specified of the juror’s compensation or 2 reimbursement under section 607A.8 for payment to a designated 3 eligible state fund or charitable use or organization. 4 2. Moneys deducted pursuant to this section shall be 5 paid promptly to the appropriate state fund or charitable 6 organization. 7 3. The state court administrator shall establish six 8 separate accounts for juror designated moneys for deposit into 9 the designated state fund or for charitable use or distribution 10 as provided in subsection 4. 11 4. (1) The state funds eligible to receive juror designated 12 compensation include all of the following: 13 (a) The victim compensation fund established in section 14 915.94. 15 (b) The court technology and modernization fund established 16 in section 602.8108. 17 (2) The charitable accounts shall be used for or distributed 18 to any of the following: 19 (a) Domestic violence shelters or services. 20 (b) Specialized courts related to drug treatment, operating 21 while intoxicated offenses, or mental health. 22 (c) Pro se litigants. 23 (d) The Iowa interest on lawyers trust account. 24 Sec. 60. NEW SECTION . 607A.48 Public access to juror 25 information. 26 Public access to juror and prospective juror information 27 shall be limited. The addresses and dates of birth of 28 prospective jurors are confidential and not subject to 29 disclosure without an order of the court. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to criminal law and procedure including 34 certain related administrative proceedings, provides penalties, 35 -24- LSB 5257SV (4) 87 jm/rh 24/ 41

S.F. 2382 and includes effective date provisions. 1 DIVISION I —— EXPUNGEMENTS. This division relates to the 2 expungement of records of certain misdemeanor offenses. 3 The term “expunged” means the court’s criminal record with 4 reference to a deferred judgment or any other criminal record 5 has been segregated in a secure area or database which is 6 exempted from public access. 7 A person shall not receive an expungement pursuant to the 8 bill unless all court costs, fees, fines, and restitution and 9 other financial obligations ordered by the court or assessed by 10 the clerk of the district court have been paid. 11 The division provides that upon the application of a 12 defendant convicted of a misdemeanor, the court shall enter 13 an order expunging the record of such criminal case, as a 14 matter of law, if the defendant has established that more than 15 eight years have passed since the date of the conviction, 16 the defendant is not the subject of a protective order or 17 a no-contact order, the defendant has no pending criminal 18 charges, the defendant has not been subsequently convicted of 19 or granted a deferred judgment for a criminal offense, other 20 than a simple misdemeanor conviction under Code chapter 321 or 21 of a similar local ordinance, and all court costs, fees, fines, 22 and restitution and other financial obligations ordered by the 23 court or assessed by the clerk of the district court have been 24 paid. 25 The division strikes the provision allowing for the 26 expungement of a local ordinance violation that arose out of 27 the same transaction or occurrence of a conviction under Code 28 section 123.46 (consumption or intoxication in public place). 29 The division does not apply to the following misdemeanor 30 offenses: simple misdemeanor convictions under Code sections 31 123.46 (consumption or intoxication in public place) or 32 similar local ordinances and 123.47(3) (alcohol consumption 33 by persons under legal age) or similar local ordinances, 34 because expungement procedures already exist for both 35 -25- LSB 5257SV (4) 87 jm/rh 25/ 41

S.F. 2382 offenses; convictions for dependent adult abuse under Code 1 section 235B.20; convictions relating to operating a motor 2 vehicle with an invalid driver’s license under Code section 3 321.218, 321A.32, or 321J.21; convictions for operating while 4 intoxicated under Code section 321J.2; convictions of a sex 5 offense as defined in Code section 692A.101; convictions for 6 involuntary manslaughter under Code section 707.5; convictions 7 for assault involving a dangerous weapon under Code section 8 708.2(3); convictions for domestic abuse assault under Code 9 section 708.2A; convictions for harassment under Code section 10 708.7; convictions for stalking under Code section 708.11; 11 convictions for removal of an officer’s communication or 12 control device under Code section 708.12; convictions for 13 trespass under Code section 716.8(3) or (4); convictions under 14 Code chapter 717C (bestiality); convictions under Code chapter 15 719 (obstructing justice); convictions under Code chapter 720 16 (interference with judicial process); convictions under Code 17 section 721.2 (nonfelonious conduct in office); convictions 18 under Code section 721.10 (misuse of public records and files); 19 convictions under Code section 723.1 (riot); convictions under 20 Code chapter 724 (weapons); convictions under Code chapter 726 21 (protections of the family and dependent persons); convictions 22 under Code chapter 728 (obscenity); convictions under Code 23 chapter 901A (sexually predatory offenses); a conviction for 24 a comparable offense listed in 49 C.F.R. §383.51(b) (table 25 1), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s 26 licenses); and any conviction under prior law of an offense 27 comparable to an offense enumerated in the bill. 28 The division prohibits a person from applying more than once 29 for an expungement of the person’s record. However, the one 30 application may request the expungement of records relating 31 to more than one misdemeanor offense if the misdemeanor 32 offenses arose from the same transaction or occurrence, and the 33 application contains the misdemeanor offenses to be expunged. 34 The division provides that the expunged record under the 35 -26- LSB 5257SV (4) 87 jm/rh 26/ 41

S.F. 2382 bill is a confidential record exempt from public access under 1 Code section 22.7 but shall be made available by the clerk of 2 the district court upon court order. 3 The division also provides that after receipt of notice from 4 the clerk of the district court that a record of conviction has 5 been expunged, the record of conviction shall be removed from 6 the criminal history data files maintained by the department of 7 public safety if such a record was maintained in the criminal 8 history data files. 9 The division provides that the supreme court may prescribe 10 rules governing expungement procedures applicable to criminal 11 cases pursuant to the division. 12 The division applies to misdemeanor convictions that occur 13 prior to, on, or after July 1, 2018. 14 DIVISION II —— ROBBERY. This division modifies the criminal 15 offense of robbery in the first degree to include circumstances 16 when a person commits a robbery with a simulated firearm or 17 simulated explosive. Currently, a person commits robbery in 18 the first degree when the person purposely inflicts or attempts 19 to inflict serious injury, or is armed with a dangerous weapon. 20 Robbery in the first degree is a class “B” felony. A person 21 convicted of a class “B” felony shall also be denied parole or 22 work release until the person has served at least 70 percent of 23 the sentence pursuant to Code section 902.12. 24 The division defines “simulated firearm” to mean a device 25 which is not a firearm, but which is expressly represented to 26 be a firearm, or an object which is not a firearm but which 27 is impliedly represented to be a firearm and which under the 28 circumstances would lead a reasonable person to believe it to 29 be a firearm. 30 Under the division, a simulated explosive means a device 31 which is not an explosive, but which is expressly represented 32 to be an explosive, or a device which is not an explosive but 33 which is impliedly represented to be an explosive and which by 34 its appearance would lead a reasonable person to believe it to 35 -27- LSB 5257SV (4) 87 jm/rh 27/ 41

S.F. 2382 be an explosive. 1 The division provides that a person serving a sentence for 2 a conviction for robbery in the first degree for a conviction 3 that occurs on or after July 1, 2018, shall serve between 50 4 and 70 percent of a 25-year class “B” felony sentence prior 5 to being eligible for parole or work release. In determining 6 when the person is first eligible for parole or work release 7 within such parameters, the sentencing court shall base its 8 determination upon all pertinent information including the 9 person’s criminal record, a validated risk assessment, and 10 the negative impact the offense has had on the victim or 11 other persons. The division provides that a person serving 12 a sentence for a conviction of robbery in the first degree 13 for a conviction that occurs prior to July 1, 2018, shall 14 be denied parole or work release until the person has served 15 between one-half and seven-tenths of the maximum term of the 16 person’s sentence as determined by the board of parole based 17 upon the person’s criminal record, a validated risk assessment, 18 and the negative impact the offense has had on the victim or 19 other persons. Under current law, such a person sentenced to 20 confinement is required to serve at least 70 percent of the 21 25-year maximum class “B” felony sentence prior to becoming 22 eligible for parole or work release. 23 The division does not modify the earned time provisions 24 related to the commission of robbery in the first degree, as a 25 person who commits robbery in the first degree is eligible for 26 a reduction of sentence equal to fifteen eighty-fifths of a day 27 for each day of good conduct by the person under Code section 28 903A.2. 29 Under current law and the division, felonious robbery is 30 also classified as a “forcible felony” under Code section 31 702.11, and a person convicted of felonious robbery is 32 prohibited from receiving a suspended or deferred sentence or 33 deferred judgment pursuant to Code section 907.3. 34 The division repeals the offense of robbery in the third 35 -28- LSB 5257SV (4) 87 jm/rh 28/ 41

S.F. 2382 degree, an aggravated misdemeanor. A person commits robbery 1 in the third degree when, while perpetrating a robbery, the 2 person commits a simple misdemeanor assault in violation of 3 Code section 708.2(6). 4 DIVISION III —— PROPERTY CRIMES —— VALUE. This division 5 increases the value of damaged or stolen property or services 6 necessary to commit certain levels of numerous criminal 7 offenses. 8 THEFT. The division increases the value of property 9 necessary for a person to commit theft in the second degree 10 from property exceeding $1,000 but not more than $10,000 to 11 property exceeding $1,500 but not more than $10,000. Theft in 12 the second degree is a class “D” felony. 13 The division increases the value of property necessary for 14 a person to commit theft in the third degree from property 15 exceeding $500 but not more than $1,000 to property exceeding 16 $750 but not more than $1,500. Theft in the third degree is an 17 aggravated misdemeanor. 18 The division increases the value of property necessary for 19 a person to commit theft in the fourth degree from property 20 exceeding $200 but not more than $500 to property exceeding 21 $300 but not more than $750. Theft in the fourth degree is a 22 serious misdemeanor. 23 The division increases the value of property necessary for a 24 person to commit theft in the fifth degree from property not 25 exceeding $200 to property not exceeding $300. Theft in the 26 fifth degree is a simple misdemeanor. 27 AGGRAVATED THEFT. The division increases the value of 28 property necessary for a person to commit aggravated theft from 29 property not exceeding $200 to property not exceeding $300. 30 Aggravated theft is an aggravated misdemeanor or a class “D” 31 felony depending upon the circumstances of the crime. Under 32 current law, a person commits aggravated theft when the person 33 commits a simple assault after the person has removed or 34 attempted to remove property not exceeding $200. 35 -29- LSB 5257SV (4) 87 jm/rh 29/ 41

S.F. 2382 THEFT DETECTION DEVICES —— SHIELD OR REMOVAL. The division 1 increases the value of property necessary for a person to 2 commit a serious misdemeanor for removal of a theft detection 3 device from property exceeding $200 in value to property 4 exceeding $300 in value. The division increases the value of 5 property necessary for a person to commit a simple misdemeanor 6 for removal of a theft detection device from property not 7 exceeding $200 in value to property not exceeding $300 in 8 value. 9 FRAUDULENT PRACTICE. Fraudulent practice is defined in Code 10 section 714.8. The division increases the value of property or 11 services necessary for a person to commit fraudulent practice 12 in the second degree from property or services exceeding $1,000 13 but not more than $10,000 to property exceeding $1,500 but not 14 more than $10,000. Fraudulent practice in the second degree 15 is a class “D” felony. 16 The division increases the value of property or services 17 necessary for a person to commit fraudulent practice in the 18 third degree from property or services exceeding $500 but not 19 more than $1,000 to property or services exceeding $750 but not 20 more than $1,500. Fraudulent practice in the third degree is 21 an aggravated misdemeanor. 22 The division increases the value of property or services 23 necessary for a person to commit fraudulent practice in the 24 fourth degree from property or services exceeding $200 but not 25 more than $500 to property or services exceeding $300 but not 26 more than $750. Fraudulent practice in the fourth degree is 27 a serious misdemeanor. 28 The division increases the value of property or services 29 necessary for a person to commit fraudulent practice in the 30 fifth degree from property or services not exceeding $200 to 31 property or services not exceeding $300. Fraudulent practice 32 in the fifth degree is a simple misdemeanor. 33 CREDIT CARDS. Under current law, a person commits the class 34 “D” felony offense of credit card fraud when a person illegally 35 -30- LSB 5257SV (4) 87 jm/rh 30/ 41

S.F. 2382 secures or seeks to secure property or services by means of 1 a credit card and the value of the property or services is 2 greater than $1,000 but not more than $10,000. The division 3 increases the minimum value of property or services necessary 4 for a person to commit such a class “D” felony offense from 5 $1,000 to $1,500. 6 Under current law, a person commits the aggravated 7 misdemeanor offense of credit card fraud when a person 8 illegally secures or seeks to secure property or services 9 by means of a credit card and the value of the property or 10 services is $1,000 or less. The division increases the maximum 11 value of property or services necessary for a person to commit 12 such an aggravated misdemeanor offense from $1,000 to $1,500. 13 IDENTITY THEFT. Under current law, a person commits 14 the class “D” felony offense of identity theft when a 15 person fraudulently uses or fraudulently attempts to use 16 identification information of another person, with the intent 17 to obtain credit, property, services, or other benefit, and 18 the value of the credit, property, services, or other benefit 19 exceeds $1,000 but does not exceed $10,000. The division 20 increases the minimum value necessary for a person to commit 21 such a class “D” felony offense from $1,000 to $1,500. 22 Under current law, a person commits the aggravated 23 misdemeanor offense of identity theft when a person 24 fraudulently uses or fraudulently attempts to use 25 identification information of another person, with the intent 26 to obtain credit, property, or services, or other benefit, and 27 the value of the credit, property, services, or other benefit 28 exceeds $1,000 but does not exceed $10,000. The division 29 increases the minimum value necessary for a person to commit 30 such an aggravated misdemeanor offense from $1,000 to $1,500. 31 CRIMINAL MISCHIEF. The division increases the value of 32 damaged property that is necessary to commit criminal mischief 33 in the second degree from damaged property exceeding $1,000 but 34 not more than $10,000 to damaged property exceeding $1,500 but 35 -31- LSB 5257SV (4) 87 jm/rh 31/ 41

S.F. 2382 not more than $10,000. Criminal mischief in the second degree 1 is a class “D” felony. 2 The division increases the value of damaged property 3 that is necessary to commit criminal mischief in the third 4 degree from damaged property exceeding $500 but not more than 5 $1,000 to damaged property exceeding $750 but not more than 6 $1,500. Criminal mischief in the third degree is an aggravated 7 misdemeanor. 8 The division increases the value of damaged property 9 that is necessary to commit criminal mischief in the fourth 10 degree from damaged property exceeding $200 but not more than 11 $500 to damaged property exceeding $300 but not more than 12 $750. Criminal mischief in the fourth degree is a serious 13 misdemeanor. 14 The division increases the value of damaged property that 15 is necessary to commit criminal mischief in the fifth degree 16 from damaged property not exceeding $200 to damaged property 17 not exceeding $300. Criminal mischief in the fifth degree is a 18 simple misdemeanor. 19 TRESPASS. The division increases the value of damaged 20 property that is necessary to commit a serious misdemeanor 21 trespass offense from damaged property of more than $200 to 22 damaged property of more than $300. 23 The division increases the value of damaged property that is 24 necessary to commit an aggravated misdemeanor trespass offense 25 involving a hate crime from damaged property of more than $200 26 to damaged property of more than $300. 27 RAILROAD VANDALISM. The division increases the value of 28 damaged property that is necessary to commit railroad vandalism 29 in the fourth degree from damaged property exceeding $1,000 but 30 not more than $10,000 to damaged property exceeding $1,500 but 31 not more than $10,000. Railroad vandalism in the fourth degree 32 is a class “D” felony. 33 The division increases the value of damaged property that 34 is necessary to commit railroad vandalism in the fifth degree 35 -32- LSB 5257SV (4) 87 jm/rh 32/ 41

S.F. 2382 from damaged property exceeding $500 but not more than $1,000 1 to damaged property exceeding $750 but not more than $1,500. 2 Railroad vandalism in the fifth degree is an aggravated 3 misdemeanor. 4 The division increases the value of damaged property 5 that is necessary to commit railroad vandalism in the sixth 6 degree from damaged property exceeding $200 but not more than 7 $500 to damaged property exceeding $300 but not more than 8 $750. Railroad vandalism in the sixth degree is a serious 9 misdemeanor. 10 The division increases the value of damaged property that is 11 necessary to commit railroad vandalism in the seventh degree 12 from damaged property not exceeding $200 to damaged property 13 not exceeding $300. Railroad vandalism in the seventh degree 14 is a simple misdemeanor. 15 TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL). 16 Under current law, a person commits the class “D” felony 17 offense of transmission of unsolicited bulk email when the 18 revenue generated from such a transmissions exceeds $1,000. 19 The division increases the minimum value necessary for a 20 person to commit such a class “D” felony offense from $1,000 21 to $1,500. 22 DIVISION IV —— REVOCATION OF DRIVER’S LICENSE FOR 23 DRUG-RELATED CONVICTIONS. Current law requires a court to 24 order the department of transportation (DOT) to revoke a 25 defendant’s driver’s license for 180 days if a defendant 26 is sentenced for a controlled substance offense under Code 27 section 124.401 (manufacturers, possessors, and counterfeit 28 substances), 124.401A (enhanced penalty for manufacture or 29 distribution on certain property), 124.402 (distributors, 30 registrants, and proprietors), or 124.403 (distribution, use, 31 possession, records, and information), a drug or drug-related 32 offense under Code section 126.3 (prohibited acts related to 33 drugs, devices, and cosmetics), or a controlled substance tax 34 offense under Code chapter 453B. Current law also requires a 35 -33- LSB 5257SV (4) 87 jm/rh 33/ 41

S.F. 2382 court to send a copy of the order and a notice of the conviction 1 to the DOT. The division strikes Code section 901.5(10) 2 revoking a defendant’s driver’s license for 180 days if the 3 defendant is sentenced for a controlled substance offense for 4 an offense under Code section 124.401, 124.401A, 124.402, or 5 124.403. 6 The division makes conforming Code changes to Code sections 7 124.412, 321.212, 321.215, 321.218, and 321A.17. 8 The division provides that a defendant’s driver’s license 9 suspended or revoked pursuant to Code section 901.5(10) prior 10 to the effective date of the division shall be reinstated if 11 the defendant is otherwise eligible for a driver’s license. 12 The division provides a contingent effective date specifying 13 that the division takes effect on the date the governor submits 14 to the United States secretary of transportation a written 15 certification that the governor is opposed to the enforcement 16 in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a 17 written certification that the general assembly has adopted 18 a joint resolution expressing its opposition to the same, in 19 accordance with 23 U.S.C. §159(a)(3)(B). The division requires 20 the office of the governor to notify the Code editor upon 21 submission of the certifications. 22 DIVISION V —— THEFT, FRAUD, AND FORGERY REVISIONS. 23 THEFT OFFENSES —— CONSOLIDATION. The division creates new 24 Code section 714.2A relating to the consolidation of theft 25 offenses. The division provides that for purposes of charging 26 a person with theft, any conduct specified as theft in Code 27 section 714.1(1) through (10), constitutes a single offense 28 of theft embracing the separated offenses of theft known as 29 taking, misappropriation, theft by deception, possession or 30 receipt of stolen property, fraudulent conversion, check fraud, 31 theft from a public utility, unlawful access to a computer, 32 theft of video rental property, and other similar offenses 33 related to theft. An accusation of theft may be supported by 34 evidence that it was committed in any manner that would be 35 -34- LSB 5257SV (4) 87 jm/rh 34/ 41

S.F. 2382 theft under Code section 714.1(1) through (10), notwithstanding 1 the specification of a different manner of theft in the 2 complaint, indictment, or information, subject only to the 3 power of the court to ensure a fair trial by granting a 4 continuance or other appropriate relief where the conduct of 5 the defense would be prejudiced by lack of fair notice or 6 surprise. 7 DEFINITION OF FORGERY. The division amends Code section 8 715A.2(2) relating to forgery. Under the division, a person 9 commits forgery when the person possesses a writing that is or 10 purports to be a driver’s license, nonoperator’s identification 11 card, birth certificate, or occupational license or certificate 12 in support of an occupational license issued by a department, 13 agency, board, or commission in this state. A person who 14 forges such a document commits a class “D” felony. By amending 15 the definition of forgery, the division also changes the 16 circumstances under which an employer is subject to a civil 17 penalty for hiring a person who commits such a forgery, 18 pursuant to Code section 715A.2A (accommodation of forgery). 19 STATUTE OF LIMITATIONS —— FRAUD OR BREACH OF FIDUCIARY 20 OBLIGATION. The division amends Code section 802.5 relating 21 to extending the periods of time a prosecution may be brought 22 against a person for any offense involving a material element 23 of fraud or a breach of fiduciary obligation. Under current 24 law, a prosecution may be brought within one year after 25 discovery of the offense by an aggrieved party or by a person 26 who has a legal duty to represent an aggrieved party and who is 27 not a party to the offense. The division specifies that such a 28 prosecution may be brought within five years. 29 DIVISION VI —— CRIMINAL PROCEEDINGS. 30 REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division 31 creates new Code section 701.12 relating to evidence in a 32 criminal prosecution. Under the division, the prosecuting 33 attorney or a witness may refer to a person using the term 34 “victim” during any criminal proceeding including at trial, 35 -35- LSB 5257SV (4) 87 jm/rh 35/ 41

S.F. 2382 if there is sufficient evidence to support a finding that 1 the person referenced as the victim meets the definition of 2 a victim in Code section 915.10. A conviction shall not be 3 reversed based upon a reference to a person as the victim 4 during a criminal proceeding, if there is sufficient evidence 5 to support a finding that the person referenced as the victim 6 meets the definition of a victim in Code section 915.10. 7 DEFENDANT RIGHT TO APPEAL. The division amends Code section 8 814.6(1) by prohibiting the right to appeal to a defendant who 9 has pled guilty to a criminal offense except this prohibition 10 does not apply to a defendant who pleads guilty to a class “A” 11 felony. The right to appeal means that an appellate court 12 cannot deny a defendant’s statutory or constitutional right to 13 have the defendant’s case reviewed on appeal. 14 The division amends Code section 814.6(2) by specifying that 15 discretionary review by an appellate court applies to an order 16 denying a motion in arrest of judgment on grounds other than an 17 ineffective assistance claim. Under current law, discretionary 18 review applies to an order suppressing or admitting evidence, 19 an order granting or denying a motion for a change of venue, 20 an order denying probation, simple misdemeanor and ordinance 21 violations, and an order raising a question of law important to 22 the judiciary and the profession. Discretionary review is the 23 process by which an appellate court may exercise its discretion 24 to review specified matters not subject to appeal as a matter 25 of right. 26 INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The 27 division amends Code section 814.7 relating to an ineffective 28 assistance claim on appeal in a criminal case. The division 29 prohibits an ineffective assistance claim being raised and 30 decided on direct appeal from the criminal proceedings. Under 31 current law, such a claim may be raised on direct appeal from 32 the criminal proceedings if the record at the trial level is 33 sufficient. Generally, an ineffective assistance of counsel 34 claim is raised on appeal by a criminal defendant alleging 35 -36- LSB 5257SV (4) 87 jm/rh 36/ 41

S.F. 2382 the defendant’s attorney was so incompetent it deprived the 1 defendant the constitutional right to assistance of counsel. 2 APPEALS FROM THE DISTRICT COURT —— GENERAL VERDICT. 3 The division creates new Code section 814.28 relating to 4 general verdicts. When the prosecution relies on multiple 5 or alternative theories to prove the commission of a public 6 offense, a jury may return a general verdict. If the jury 7 returns a general verdict, the division specifies that a court 8 shall not set aside or reverse such a verdict on the basis 9 of a defective or insufficient theory if one or more of the 10 theories presented and described in the complaint, information, 11 or indictment is sufficient to sustain the verdict on at least 12 one count. 13 GUILTY PLEAS —— CHALLENGES. If a defendant challenges a 14 guilty plea based on an alleged defect in the plea proceedings, 15 the division provides that the plea shall not be vacated unless 16 the defendant demonstrates it is more likely than not that the 17 defendant would not have pled guilty if the defect had not 18 occurred. The burden applies whether the challenge is made 19 by motion in arrest of judgment or in a challenge on appeal. 20 Any provision in the Iowa rules of criminal procedure that are 21 inconsistent with this provision shall have no legal effect. 22 POSTCONVICTION RELIEF —— RECORDS. The division creates new 23 Code section 822.10A relating to postconviction procedure. The 24 division provides that the court file containing the conviction 25 for which the applicant seeks postconviction relief shall be 26 part of the record in any action under Code chapter 822. Upon 27 the filing of an application for postconviction relief pursuant 28 to Code section 822.3, the clerk of the district court shall 29 make the underlying criminal file accessible to the applicant, 30 county attorney, and attorney general. If the criminal file 31 records are not available in electronic format, the division 32 requires the clerk of the district court to convert the records 33 to an electronic format and make the records available to the 34 applicant, county attorney, and attorney general. 35 -37- LSB 5257SV (4) 87 jm/rh 37/ 41

S.F. 2382 POSTCONVICTION —— RELIEF. The bill strikes a provision that 1 requires the respondent to an application for postconviction 2 relief, to file an answer to the application with relevant 3 portions of the record of the proceedings being challenged, if 4 the applicant fails to file the application without the record 5 of the proceedings being challenged. 6 DIVISION VII —— STATE AND COUNTY MEDICAL EXAMINER DEATH 7 REPORTS AND INVESTIGATIONS. Currently, the report of an 8 investigation by the state medical examiner or county medical 9 examiner and the record and report of an autopsy shall be 10 received as evidence in court or other proceedings, except that 11 statements by witnesses or other persons and conclusions on 12 extraneous matters included in the report are inadmissible. 13 The division provides that the report of an investigation made 14 by the state medical examiner or county medical examiner shall 15 be admissible in court including any findings of the state 16 medical examiner or county medical examiner and any information 17 provided by a county attorney or law enforcement agency, if 18 the information is otherwise admissible under the Iowa rules 19 of evidence. 20 The division provides that in formulating findings and 21 conclusions regarding the cause and manner of death, the state 22 medical examiner or county medical examiner shall be allowed 23 to rely upon and include in the report of an investigation 24 any information provided to the medical examiner by a county 25 attorney or law enforcement agency. 26 Additionally, the state medical examiner or county 27 medical examiner may also rely upon and consider statements 28 by witnesses or other persons for purposes of developing a 29 clinical history of the decedent that preceded death when 30 formulating findings and conclusions on the cause and manner of 31 death. A court shall not exclude a medical examiner opinion 32 as the cause of death on the basis that the examiner has 33 considered out-of-court statements in forming that opinion, and 34 such an opinion shall not constitute reversible error. 35 -38- LSB 5257SV (4) 87 jm/rh 38/ 41

S.F. 2382 The division also specifies that in lieu of conducting 1 its own investigation, the state medical examiner may rely 2 exclusively upon the findings of the county medical examiner, 3 county attorney, or a law enforcement agency. 4 DIVISION VIII —— CRIMINAL PENALTIES. 5 POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a 6 person commits a first offense possession of marijuana, the 7 offense is punishable by imprisonment in the county jail for 8 not more than six months or by a fine of not more than $1,000, 9 or by both. If a person commits a second offense possession 10 of marijuana, the person commits a serious misdemeanor, and if 11 a person commits a third or subsequent offense possession of 12 marijuana, the person commits an aggravated misdemeanor. 13 The division decreases the criminal penalty for a first 14 offense possession of marijuana offense from an offense 15 punishable by imprisonment for not more than six months or 16 by a fine of not more than $1,000, or by both, to a simple 17 misdemeanor punishable by confinement for no more than 30 days 18 or a fine of at least $65 but not more than $625 or by both. 19 The division makes convictions for violations in any other 20 state count as a previous offense if the violation in the other 21 state substantially corresponds with possession of controlled 22 substance violations in this state, thus making a person with 23 a conviction in another state more likely to be subject to 24 enhanced penalties for possession of a controlled substance 25 in this state under Code section 124.401(5), as amended by 26 the division. The division specifies that the court shall 27 judicially notice the statutes of other states which define 28 offenses substantially equivalent to possession of a controlled 29 substance. 30 HOMICIDE BY VEHICLE. The division provides that a person 31 commits a class “C” felony when the person unintentionally 32 causes the death of another when exceeding the speed limit by 33 25 miles per hour or more, in violation of Code section 321.285 34 (speed restrictions), 321.290 (special restrictions), 321.293 35 -39- LSB 5257SV (4) 87 jm/rh 39/ 41

S.F. 2382 (local authorities may alter limits), or 321.295 (limitation 1 on bridge or elevated structures), if the death of the other 2 person directly or indirectly results from such a violation. 3 This new provision does not apply to a member of a public 4 safety agency, as defined in Code section 34.1, performing 5 official duties. 6 Currently, a person who violates Code section 321.285 7 commits a simple misdemeanor or a simple misdemeanor punishable 8 as a scheduled fine under Code section 805.8A, a person who 9 violates Code section 321.290 or 321.293 commits a simple 10 misdemeanor, and a person who violates Code section 321.295 11 commits a simple misdemeanor punishable as a scheduled fine of 12 $50. 13 ARSON IN THE FIRST DEGREE. The division requires an 14 offender who commits the criminal offense of arson in the first 15 degree to serve 50 to 70 percent of a 25-year class “B” felony 16 sentence prior to being eligible for parole or work release. 17 Under current law, such an offender is sentenced to confinement 18 for 25 years but is eligible for parole upon entering prison. 19 At the time of sentencing, the division provides that the 20 court determine when a person convicted of arson in the first 21 degree first becomes eligible for parole or work release within 22 the parameters of 50 to 70 percent of the 25-year sentence, 23 based upon all pertinent information including the person’s 24 criminal record, a validated risk assessment, and the negative 25 impact the offense has had on the victim or other persons. The 26 division also makes arson in the first degree a category “B” 27 sentence under Code section 903A.2, in effect increasing the 28 length of the sentence by reducing the amount of earned time 29 such a person is eligible for during confinement from one and 30 two-tenths of a day for each day of good conduct to fifteen 31 eighty-fifths of a day for each day of good conduct. 32 JUROR SERVICE AND DONATIONS. The division relates 33 to jurors, including donation of juror compensation or 34 reimbursement, jury manager authority to excuse or defer 35 -40- LSB 5257SV (4) 87 jm/rh 40/ 41

S.F. 2382 jurors, and public access to juror information. 1 The division provides that with approval by the chief judge 2 of the judicial district, a jury manager may excuse or defer 3 jurors in accordance with Code section 607A.4, 607A.5, or 4 607A.6. Code section 607A.4 provides minimum qualifications 5 for jury service. Code section 607A.5 provides certain 6 conditions for automatic excuse from jury service. Code 7 section 607A.6 provides certain conditions for discretionary 8 excuse from jury service. The division provides that a jury 9 manager may defer, but not excuse, persons from juror service 10 for reasons beyond those enumerated in these Code sections. 11 The division provides that a juror may donate 12 compensation or reimbursement for juror service to a supreme 13 court-designated state fund or charitable organization. The 14 division requires the state court administrator to establish 15 separate accounts for the deposit of juror-donated moneys 16 depending upon the state fund or charitable use or organization 17 designated by the juror. The division limits the number 18 of state funds or charitable uses or organizations that 19 moneys may be donated to by the juror. The division permits 20 juror donations to be made to the victim compensation fund 21 established in Code section 915.94 or to the court technology 22 and modernization fund in Code section 602.8108. The division 23 permits juror donations for the following charitable uses 24 or organizations: domestic violence shelters or services; 25 specialized courts related to drug treatment, operating while 26 intoxicated offenses, or mental health; pro se litigants; or 27 the Iowa interest on lawyers trust account. 28 The division provides that public access to juror and 29 prospective juror information is limited. The division 30 provides that prospective juror addresses and dates of birth 31 are confidential and are not subject to disclosure without an 32 order of the court. 33 -41- LSB 5257SV (4) 87 jm/rh 41/ 41