SF 2382 (LSB 5257SV (4) 87)

SENATE FILE 2382

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2196)

A BILL FOR

An Act relating to criminal law and procedure including certain related administrative proceedings, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
EXPUNGEMENTS

    Section 1.  Section 123.46, subsection 6, Code 2018, is amended to read as follows:
   6.  Upon the expiration of two years following conviction for a violation of this section and a violation or of a similar local ordinance that arose from the same transaction or occurrence, a person may petition the court to expunge the conviction including the conviction for a violation of a local ordinance that arose from the same transaction or occurrence, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence shall be expunged as a matter of law. The court shall enter an order that the record of the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence has been expunged, the record of conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
    Sec. 2.  NEW SECTION.  901C.3  Misdemeanor —— expungement.
   1.  Upon application of a defendant convicted of a misdemeanor offense, the court shall enter an order expunging the record of such a criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant is not the subject of a protective order or a no-contact order, the defendant has no pending criminal charges, the defendant has not been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under chapter 321 or of a similar local ordinance, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   2.  An expungement under this section shall not be entered for any of the following misdemeanor convictions:
   a.  A conviction under section 123.46 or similar local ordinance.
   b.  A simple misdemeanor conviction under section 123.47, subsection 3, or similar local ordinance. 
   c.  A conviction for dependent adult abuse under section 235B.20.
   d.  A conviction under section 321.218, 321A.32, or 321J.21.
   e.  A conviction under section 321J.2.
   f.  A conviction for a sex offense as defined in section 692A.101.
   g.  A conviction for involuntary manslaughter under section 707.5.
   h.  A conviction for assault under section 708.2, subsection 3.
   i.  A conviction under section 708.2A.
   j.  A conviction for harassment under section 708.7.
   k.  A conviction for stalking under section 708.11.
   l.  A conviction for removal of an officer’s communication or control device under section 708.12.
   m.  A conviction for trespass under section 716.8, subsection 3 or 4.
   n.  A conviction under chapter 717C.
   o.  A conviction under chapter 719.
   p.  A conviction under chapter 720.
   q.  A conviction under section 721.2.
   r.  A conviction under section 721.10.
   s.  A conviction under section 723.1. 
   t.  A conviction under chapter 724.
   u.  A conviction under chapter 726.
   v.  A conviction under chapter 728.
   w.  A conviction under chapter 901A.
   x.  A conviction for a comparable offense listed in 49 C.F.R. §383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4).
   y.  A conviction under prior law of an offense comparable to an offense enumerated in this subsection.
   3.  A person shall only be allowed to apply for an expungement of a record under this section one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.
   4.  The expunged record under this section is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court upon court order.
   5.  Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged under subsection 1, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
   6.  The supreme court may prescribe rules governing the procedures applicable to the expungement of a criminal case under this section.
   7.  This section applies to a misdemeanor conviction that occurred prior to, on, or after July 1, 2018.
DIVISION II
ROBBERY

    Sec. 3.  NEW SECTION.  702.26  Simulated firearm.
   “Simulated firearm” means a device which is not a firearm, but which is expressly represented to be a firearm, or an object which is not a firearm but which is impliedly represented to be a firearm and which under the circumstances would lead a reasonable person to believe it to be a firearm.
    Sec. 4.  NEW SECTION.  702.27  Simulated explosive.
   “Simulated explosive” means a device which is not an explosive, but which is expressly represented to be an explosive, or a device which is not an explosive but is impliedly represented to be an explosive and which by its appearance would lead a reasonable person to believe it to be an explosive.
    Sec. 5.  Section 711.2, Code 2018, is amended to read as follows:
   711.2  Robbery in the first degree.
   A person commits robbery in the first degree when, while perpetrating a robbery, the person purposely inflicts or attempts to inflict serious injury, or is armed with a dangerous weapon, simulated firearm, or simulated explosive. Robbery in the first degree is a class “B” felony.
    Sec. 6.  Section 711.3, Code 2018, is amended to read as follows:
   711.3  Robbery in the second degree.
   All robbery which is not robbery in the first degree is robbery in the second degree, except as provided in section 711.3A. Robbery in the second degree is a class “C” felony.
    Sec. 7.  Section 901.11, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 2A, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2A, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 
    Sec. 8.  Section 902.12, subsection 1, paragraph e, Code 2018, is amended to read as follows:
   e.  Robbery in the first or second degree in violation of section 711.2 or 711.3, except as determined in subsection 3.
    Sec. 9.  Section 902.12, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  a.  A person serving a sentence for a conviction for robbery in the first degree in violation of section 711.2 for a conviction that occurs on or after July 1, 2018, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 2A.
   b.  Notwithstanding section 902.12, subsection 1, paragraph “e”, Code 2018, if a person is serving a sentence for robbery in the first degree in violation of section 711.2 for a conviction that occurs prior to July 1, 2018, the person shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined by the board of parole based upon the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 
    Sec. 10.  REPEAL.  Section 711.3A, Code 2018, is repealed.
DIVISION III
PROPERTY CRIMES —— VALUE

    Sec. 11.  Section 712.3, Code 2018, is amended to read as follows:
   712.3  Arson in the second degree.
   Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five seven hundred fifty dollars. Arson in the second degree is a class “C” felony.
    Sec. 12.  Section 714.2, Code 2018, is amended to read as follows:
   714.2  Degrees of theft.
   1.  The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property which has been removed from a building because of a physical disaster, riot, bombing, or the proximity of battle, is theft in the first degree. Theft in the first degree is a class “C” felony.
   2.  The theft of property exceeding one thousand five hundred dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand dollars in value, is theft in the second degree. Theft in the second degree is a class “D” felony. However, for purposes of this subsection, “motor vehicle” does not include a motorized bicycle as defined in section 321.1, subsection 40, paragraph “b”.
   3.  The theft of property exceeding five seven hundred fifty dollars but not exceeding one thousand five hundred dollars in value, or the theft of any property not exceeding five hundred dollars in value by one who has before been twice convicted of theft, is theft in the third degree. Theft in the third degree is an aggravated misdemeanor.
   4.  The theft of property exceeding two three hundred dollars in value but not exceeding five seven hundred fifty dollars in value is theft in the fourth degree. Theft in the fourth degree is a serious misdemeanor.
   5.  The theft of property not exceeding two three hundred dollars in value is theft in the fifth degree. Theft in the fifth degree is a simple misdemeanor.
    Sec. 13.  Section 714.3A, subsection 1, Code 2018, is amended to read as follows:
   1.  A person commits aggravated theft when the person commits an assault as defined in section 708.1, subsection 2, paragraph “a”, that is punishable as a simple misdemeanor under section 708.2, subsection 6, after the person has removed or attempted to remove property not exceeding two three hundred dollars in value which has not been purchased from a store or mercantile establishment, or has concealed such property of the store or mercantile establishment, either on the premises or outside the premises of the store or mercantile establishment.
    Sec. 14.  Section 714.7B, subsection 6, paragraphs a and b, Code 2018, are amended to read as follows:
   a.  A simple misdemeanor if the value of the goods, wares, or merchandise does not exceed two three hundred dollars.
   b.  A serious misdemeanor if the value of the goods, wares, or merchandise exceeds two three hundred dollars.
    Sec. 15.  Section 714.10, subsection 1, Code 2018, is amended to read as follows:
   1.  Fraudulent practice in the second degree is the following:
   a.  A fraudulent practice where the amount of money or value of property or services involved exceeds one thousand five hundred dollars but does not exceed ten thousand dollars.
   b.  A fraudulent practice where the amount of money or value of property or services involved does not exceed one thousand five hundred dollars by one who has been convicted of a fraudulent practice twice before.
    Sec. 16.  Section 714.11, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  A fraudulent practice where the amount of money or value of property or services involved exceeds five seven hundred fifty dollars but does not exceed one thousand five hundred dollars.
    Sec. 17.  Section 714.12, Code 2018, is amended to read as follows:
   714.12  Fraudulent practice in the fourth degree.
   1.  Fraudulent practice in the fourth degree is a fraudulent practice where the amount of money or value of property or services involved exceeds two three hundred dollars but does not exceed five seven hundred fifty dollars.
   2.  Fraudulent practice in the fourth degree is a serious misdemeanor.
    Sec. 18.  Section 714.13, Code 2018, is amended to read as follows:
   714.13  Fraudulent practice in the fifth degree.
   1.  Fraudulent practice in the fifth degree is a fraudulent practice where the amount of money or value of property or services involved does not exceed two three hundred dollars.
   2.  Fraudulent practice in the fifth degree is a simple misdemeanor.
    Sec. 19.  Section 715A.6, subsection 2, paragraphs b and c, Code 2018, are amended to read as follows:
   b.  If the value of the property or services secured or sought to be secured by means of the credit card is greater than one thousand five hundred dollars but not more than ten thousand dollars, an offense under this section is a class “D” felony. 
   c.  If the value of the property or services secured or sought to be secured by means of the credit card is one thousand five hundred dollars or less, an offense under this section is an aggravated misdemeanor.
    Sec. 20.  Section 715A.8, subsection 3, paragraphs b and c, Code 2018, are amended to read as follows:
   b.  If the value of the credit, property, services, or other benefit exceeds one thousand five hundred dollars but does not exceed ten thousand dollars, the person commits a class “D” felony. 
   c.  If the value of the credit, property, services, or other benefit does not exceed one thousand five hundred dollars, the person commits an aggravated misdemeanor.
    Sec. 21.  Section 716.4, subsection 1, Code 2018, is amended to read as follows:
   1.  Criminal mischief is criminal mischief in the second degree if the cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds one thousand five hundred dollars but does not exceed ten thousand dollars.
    Sec. 22.  Section 716.5, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds five seven hundred fifty dollars, but does not exceed one thousand five hundred dollars.
    Sec. 23.  Section 716.6, subsection 1, paragraph a, subparagraph (1), Code 2018, is amended to read as follows:
   (1)  The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds two three hundred dollars, but does not exceed five seven hundred fifty dollars.
    Sec. 24.  Section 716.8, subsections 2 and 4, Code 2018, are amended to read as follows:
   2.  Any person committing a trespass as defined in section 716.7, other than a trespass as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (6), which results in injury to any person or damage in an amount more than two three hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
   4.  A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than two three hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.
    Sec. 25.  Section 716.10, subsection 2, paragraphs d, e, f, and g, Code 2018, are amended to read as follows:
   d.  A person commits railroad vandalism in the fourth degree if the person intentionally commits railroad vandalism which results in property damage which costs ten thousand dollars or less but more than one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in the fourth degree is a class “D” felony.
   e.  A person commits railroad vandalism in the fifth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than five seven hundred fifty dollars but does not exceed one thousand five hundred dollars to replace, repair, or restore. Railroad vandalism in the fifth degree is an aggravated misdemeanor.
   f.  A person commits railroad vandalism in the sixth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than one three hundred dollars but does not exceed five seven hundred fifty dollars to replace, repair, or restore. Railroad vandalism in the sixth degree is a serious misdemeanor.
   g.  A person commits railroad vandalism in the seventh degree if the person intentionally commits railroad vandalism which results in property damage which costs one three hundred dollars or less to replace, repair, or restore. Railroad vandalism in the seventh degree is a simple misdemeanor.
    Sec. 26.  Section 716A.2, subsection 2, paragraph b, Code 2018, is amended to read as follows:
   b.  The revenue generated from a specific unsolicited bulk electronic mail transmission exceeds one thousand five hundred dollars or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider by the person exceeds fifty thousand dollars.
DIVISION IV
REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS

    Sec. 27.  Section 124.412, Code 2018, is amended to read as follows:
   124.412  Notice of conviction.
   If a person enters a plea of guilty to, or forfeits bail or collateral deposited to secure the person’s appearance in court, and such forfeiture is not vacated, or if a person is found guilty upon an indictment or information alleging a violation of this chapter, a copy of the minutes attached to the indictment returned by the grand jury, or to the county attorney’s information, a copy of the judgment and sentence, and a copy of the opinion of the judge if one is filed, shall be sent by the clerk of the district court or the judge to the state department of transportation and to any state board or officer by whom the convicted person has been licensed or registered to practice the person’s profession or carry on the person’s business. On the conviction of a person, the court may suspend or revoke the license or registration of the convicted defendant to practice the defendant’s profession or carry on the defendant’s business. On the application of a person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, the board or officer may reinstate the license or registration.
    Sec. 28.  Section 321.212, subsection 1, paragraph d, Code 2018, is amended by striking the paragraph.
    Sec. 29.  Section 321.215, subsection 1, paragraph b, Code 2018, is amended to read as follows:
   b.  However, a temporary restricted license shall not be issued to a person whose license is revoked pursuant to a court order issued under section 901.5, subsection 10, or under section 321.209, subsections 1 through 5 or subsection 7; to a juvenile whose license has been suspended or revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B or section 126.3; to a juvenile whose license has been suspended under section 321.213B; or to a person whose license has been suspended pursuant to a court order under section 714.7D. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure.
    Sec. 30.  Section 321.215, subsection 2, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   Upon conviction and the suspension or revocation of a person’s noncommercial driver’s license under section 321.209, subsection 5 or 6, or section 321.210, 321.210A, or 321.513; or upon revocation pursuant to a court order issued under section 901.5, subsection 10; or upon the denial of issuance of a noncommercial driver’s license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph “c”, or section 321.555, subsection 2; or upon suspension or revocation of a juvenile’s driver’s license pursuant to a dispositional order under section 232.52, subsection 2, paragraph “a”, for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver’s license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:
    Sec. 31.  Section 321.215, subsection 2, paragraph c, Code 2018, is amended to read as follows:
   c.  Proof of financial responsibility is established as defined in chapter 321A. However, such proof is not required if the driver’s license was suspended under section 321.210A or 321.513 or revoked pursuant to a court order issued under section 901.5, subsection 10.
    Sec. 32.  Section 321.218, subsection 1, Code 2018, is amended to read as follows:
   1.  A person whose driver’s license or operating privilege has been denied, canceled, suspended, or revoked as provided in this chapter or as provided in section 252J.8 or section 901.5, subsection 10, and who operates a motor vehicle upon the highways of this state while the license or privilege is denied, canceled, suspended, or revoked, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars nor more than one thousand five hundred dollars.
    Sec. 33.  Section 321A.17, subsection 4, Code 2018, is amended to read as follows:
   4.  An individual applying for a driver’s license following a period of suspension or revocation pursuant to a dispositional order issued under section 232.52, subsection 2, paragraph “a”, or under section 321.180B, section 321.210, subsection 1, paragraph “a”, subparagraph (4), or section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, following a period of suspension or revocation under section 321.178 or 321.194, or following a period of revocation pursuant to a court order issued under section 901.5, subsection 10, or under section 321J.2A, is not required to maintain proof of financial responsibility under this section.
    Sec. 34.  Section 901.5, subsection 10, Code 2018, is amended by striking the subsection.
    Sec. 35.  REINSTATEMENT OF DRIVER’S LICENSE.  A defendant’s driver’s license suspended or revoked pursuant to section 901.5, subsection 10, prior to the effective date of this Act, shall be reinstated, if the defendant is otherwise eligible for a driver’s license.
    Sec. 36.  CONTINGENT EFFECTIVE DATE.  This division of this Act takes effect on the date the governor submits to the United States secretary of transportation a written certification that the governor is opposed to the enforcement in this state of a law described in 23 U.S.C. §159(a)(3)(A) and a written certification that the general assembly has adopted a joint resolution expressing its opposition to the same, in accordance with 23 U.S.C. §159(a)(3)(B). The office of the governor shall notify the Code editor upon submission of the certifications described in this section.
DIVISION V
THEFT, FRAUD, AND FORGERY REVISIONS

    Sec. 37.  NEW SECTION.  714.2A  Consolidation of theft offenses.
   For purposes of charging a person with theft, any conduct specified as theft in section 714.1, subsections 1 through 10, constitutes a single offense of theft embracing the separated offenses of theft known as taking, misappropriation, theft by deception, possession or receipt of stolen property, fraudulent conversion, check fraud, theft from a public utility, unlawful access to a computer, theft of video rental property, and other similar offenses related to theft. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under sections 714.1, subsections 1 through 10, notwithstanding the specification of a different manner in the complaint, indictment, or information, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or surprise.
    Sec. 38.  Section 715A.2, subsection 2, paragraph a, Code 2018, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (5)  A driver’s license, nonoperator’s identification card, birth certificate, or occupational license or certificate in support of an occupational license issued by a department, agency, board, or commission in this state.
    Sec. 39.  Section 715A.2A, subsection 1, paragraphs a and b, Code 2018, are amended to read as follows:
   a.  Hires a person when the employer or an agent or employee of the employer knows that the document evidencing the person’s authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4) or (5), or knows that the person is not authorized to be employed in the United States.
   b.  Continues to employ a person when the employer or an agent or employee of the employer knows that the document evidencing the person’s authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4) or (5), or knows that the person is not authorized to be employed in the United States.
    Sec. 40.  Section 802.5, Code 2018, is amended to read as follows:
   802.5  Extension for fraud, fiduciary breach.
   1.  If the periods prescribed in sections 802.3 and 802.4 have expired, prosecution may nevertheless be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three five years.
   2.  A prosecution may be commenced under this section as long as the appropriate law enforcement agency has not delayed the investigation in bad faith. This subsection shall not be construed to require a law enforcement agency to pursue an unknown offender with due diligence.
DIVISION VI
CRIMINAL PROCEEDINGS

    Sec. 41.  NEW SECTION.  701.12  Reference to victim in criminal proceeding.
   In a criminal prosecution, the prosecuting attorney or a witness may refer to a person using the term “victim” during any criminal proceeding including at trial, if there is sufficient evidence to support a finding that the person referred to as the victim meets the definition of a victim in section 915.10. A conviction shall not be reversed on appeal based upon a reference or references to a person as a victim during a criminal proceeding, if there is sufficient evidence in the record to support a finding that the person meets the definition of victim in section 915.10.
    Sec. 42.  Section 814.6, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  A final judgment of sentence, except in case of the following cases:
   (1)  A simple misdemeanor and ordinance violation convictions conviction.
   (2)  An ordinance violation.
   (3)  A conviction where the defendant has pled guilty. This subparagraph does not apply to a guilty plea for a class “A” felony.
    Sec. 43.  Section 814.6, subsection 2, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  An order denying a motion in arrest of judgment on grounds other than an ineffective assistance of counsel claim.
    Sec. 44.  Section 814.7, Code 2018, is amended to read as follows:
   814.7  Ineffective assistance claim on appeal in a criminal case.
   1.  An ineffective assistance of counsel claim in a criminal case shall be determined by filing an application for postconviction relief pursuant to chapter 822, except as otherwise provided in this section. The claim need not be raised on direct appeal from the criminal proceedings in order to preserve the claim for postconviction relief purposes, and the claim shall not be decided on direct appeal from the criminal proceedings.
   2.  A party may, but is not required to, raise an ineffective assistance claim on direct appeal from the criminal proceedings if the party has reasonable grounds to believe that the record is adequate to address the claim on direct appeal.
   3.  If an ineffective assistance of counsel claim is raised on direct appeal from the criminal proceedings, the court may decide the record is adequate to decide the claim or may choose to preserve the claim for determination under chapter 822.
    Sec. 45.  NEW SECTION.  814.28  General verdicts.
   When the prosecution relies on multiple or alternative theories to prove the commission of a public offense, a jury may return a general verdict. If the jury returns a general verdict, an appellate court shall not set aside or reverse such a verdict on the basis of a defective or insufficient theory if one or more of the theories presented and described in the complaint, information, or indictment is sufficient to sustain the verdict on at least one count.
    Sec. 46.  NEW SECTION.  814.29  Guilty pleas —— challenges.
   If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the plea shall not be vacated unless the defendant demonstrates that the defendant more likely than not would not have pled guilty if the defect had not occurred. The burden applies whether the challenge is made through a motion in arrest of judgment or on appeal. Any provision in the Iowa rules of criminal procedure that are inconsistent with this section shall have no legal effect.
    Sec. 47.  Section 822.6, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   Within thirty days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.
    Sec. 48.  NEW SECTION.  822.10A  Underlying criminal offense.
   The court file containing the conviction for which an applicant seeks postconviction relief shall be part of the record in any action under this chapter. Upon the filing of an application for postconviction relief pursuant to section 822.3, the clerk of the district court shall make the underlying criminal file records accessible to the applicant, county attorney, and attorney general. If the criminal file records are not available in electronic format, the clerk of the district court shall convert the records to an electronic format and make the records available to the applicant, county attorney, and attorney general. 
DIVISION VII
STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND INVESTIGATIONS

    Sec. 49.  Section 331.802, subsection 5, Code 2018, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  In formulating findings and conclusions regarding the cause and manner of death, the state medical examiner or county medical examiner shall be allowed to rely upon and include in the report referred to in subsection 2, paragraph “a”, any information provided by the county attorney or law enforcement agency to the medical examiner making the autopsy.
   NEW PARAGRAPH.  d.  The state medical examiner or county medical examiner may rely upon and consider statements by witnesses or other persons for purposes of developing a clinical history of the decedent that preceded death when formulating findings and conclusions on the cause and manner of death. A court shall not exclude a medical examiner’s opinion as to the cause of death on the basis that the medical examiner relied on out-of-court statements in forming that opinion, and such an opinion shall not constitute reversible error.
    Sec. 50.  Section 331.802, subsection 6, Code 2018, is amended to read as follows:
   6.  a.  The report of an investigation made by the state medical examiner or a county medical examiner and the record and report of an autopsy made under this section or chapter 691, shall be received as evidence in any court or other proceedings, except that statements by witnesses or other persons and conclusions on extraneous matters included in the report are not admissible including any findings of the state medical examiner or county medical examiner and any information provided by a prosecuting attorney or law enforcement agency, if the information is admissible under the Iowa rules of evidence or have otherwise been substantially admitted into evidence. The person preparing a report or record given in evidence may be subpoenaed as a witness in any civil or criminal case by any party to the cause. A copy of a record, photograph, laboratory finding, or record in the office of the state medical examiner or any medical examiner, when attested to by the state medical examiner or a staff member or the medical examiner in whose office the record, photograph, or finding is filed, shall be received as evidence in any court or other proceedings for any purpose for which the original could be received without proof of the official character of the person whose name is signed to it.
   b.  The state medical examiner and county medical examiner may rely upon and consider statements by witnesses or other persons for purposes of developing a clinical history of the decedent that preceded death when formulating findings and conclusions on the cause and manner of death.
    Sec. 51.  NEW SECTION.  691.5A  Investigations.
   In lieu of conducting an investigation pursuant to this chapter, the state medical examiner may rely exclusively upon the findings of the county medical examiner, county attorney, or a law enforcement agency.
DIVISION VIII
CRIMINAL PENALTIES

    Sec. 52.  Section 124.401, subsection 5, Code 2018, is amended to read as follows:
   5.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter. Any Except as otherwise provided in this subsection, any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of a class “D” felony.
   a.  (1)  If Except as otherwise provided in subparagraph (4), if the controlled substance is marijuana, the punishment shall be by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars, or by both such fine and imprisonment for a first offense.
   (2)  If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 903.1, subsection 1, paragraph “b”.
   (3)  If the controlled substance is marijuana and the person has been previously convicted two or more times of a violation of this subsection in which the controlled substance was marijuana, the person is guilty of an aggravated misdemeanor.
   (4)  If the controlled substance is marijuana and is five grams or less and subparagraphs (2) and (3) do not apply, the person is guilty of a simple misdemeanor.
   b.  Convictions for violations in any other states under statutes substantially corresponding to this subsection shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this subsection and can therefore be considered corresponding statutes. Each previous violation on which a conviction was entered prior to the date of the violation charged shall be considered and counted as separate previous offense.
   c.  All or any part of a sentence imposed pursuant to this subsection may be suspended and the person placed upon probation upon such terms and conditions as the court may impose including the active participation by such person in a drug treatment, rehabilitation or education program approved by the court.
   d.  If a person commits a violation of this subsection, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. If the person is not sentenced to confinement under the custody of the director of the department of corrections, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
   e.  If the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. The court may place the person on intensive probation. However, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
    Sec. 53.  Section 707.6A, subsection 2, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Exceeding the speed limit by twenty-five miles per hour or more, in violation of section 321.285, 321.290, 321.293, or 321.295, if the death of the other person directly or indirectly results from the violation of section 321.285, 321.290, 321.293, or 321.295. This paragraph shall not apply to a member of a public safety agency, as defined in section 34.1, performing official duties.
    Sec. 54.  Section 901.11, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
    Sec. 55.  Section 902.12, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person serving a sentence for a conviction for arson in the first degree in violation of section 712.2 that occurs on or after July 1, 2018, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 4.
DIVISION IX
JUROR SERVICE AND DONATIONS

    Sec. 56.  Section 602.1302, subsection 3, Code 2018, is amended to read as follows:
   3.  A revolving fund is created in the state treasury for the payment of jury and witness fees, including juror compensation and reimbursement donated pursuant to section 607A.8A, mileage, costs related to summoning jurors by the judicial branch, costs and fees related to the management and payment of interpreters and translators in judicial branch legal proceedings and court-ordered programs, and attorney fees paid by the state public defender for counsel appointed pursuant to section 600A.6A. The judicial branch shall deposit any reimbursements to the state for the payment of jury and witness fees and mileage in the revolving fund. In each calendar quarter the judicial branch shall reimburse the state public defender for attorney fees paid pursuant to section 600A.6B. Notwithstanding section 8.33, unencumbered and unobligated receipts in the revolving fund at the end of a fiscal year do not revert to the general fund of the state. The judicial branch shall on or before February 1 file a financial accounting of the moneys in the revolving fund with the legislative services agency. The accounting shall include an estimate of disbursements from the revolving fund for the remainder of the fiscal year and for the next fiscal year.
    Sec. 57.  NEW SECTION.  607A.6A  Jury manager authority to excuse or defer juror service.
   The chief judge of the judicial district may authorize a jury manager to excuse persons from juror service in accordance with section 607A.4, 607A.5, or 607A.6 and to defer persons from juror service in accordance with section 607A.4, 607A.5, or 607A.6, or for any other reason.
    Sec. 58.  Section 607A.8, subsection 3, Code 2018, is amended to read as follows:
   3.  A grand juror or a petit juror in all courts may waive the right of the juror to receive compensation under subsection 1 or reimbursement under subsection 2 or donate such compensation or reimbursement pursuant to section 607A.8A.
    Sec. 59.  NEW SECTION.  607A.8A  Donation of juror compensation or reimbursement to state funds and charitable organizations.
   1.  At the discretion of a juror, the clerk of court may deduct an amount specified of the juror’s compensation or reimbursement under section 607A.8 for payment to a designated eligible state fund or charitable use or organization.
   2.  Moneys deducted pursuant to this section shall be paid promptly to the appropriate state fund or charitable organization.
   3.  The state court administrator shall establish six separate accounts for juror designated moneys for deposit into the designated state fund or for charitable use or distribution as provided in subsection 4.
   4.  (1)  The state funds eligible to receive juror designated compensation include all of the following:
   (a)  The victim compensation fund established in section 915.94.
   (b)  The court technology and modernization fund established in section 602.8108.
   (2)  The charitable accounts shall be used for or distributed to any of the following:
   (a)  Domestic violence shelters or services.
   (b)  Specialized courts related to drug treatment, operating while intoxicated offenses, or mental health.
   (c)  Pro se litigants.
   (d)  The Iowa interest on lawyers trust account.
    Sec. 60.  NEW SECTION.  607A.48  Public access to juror information.
   Public access to juror and prospective juror information shall be limited. The addresses and dates of birth of prospective jurors are confidential and not subject to disclosure without an order of the court.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal law and procedure including certain related administrative proceedings, provides penalties, and includes effective date provisions. 
   DIVISION I —— EXPUNGEMENTS. This division relates to the expungement of records of certain misdemeanor offenses. 
   The term “expunged” means the court’s criminal record with reference to a deferred judgment or any other criminal record has been segregated in a secure area or database which is exempted from public access.
   A person shall not receive an expungement pursuant to the bill unless all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   The division provides that upon the application of a defendant convicted of a misdemeanor, the court shall enter an order expunging the record of such criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant is not the subject of a protective order or a no-contact order, the defendant has no pending criminal charges, the defendant has not been subsequently convicted of or granted a deferred judgment for a criminal offense, other than a simple misdemeanor conviction under Code chapter 321 or of a similar local ordinance, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   The division strikes the provision allowing for the expungement of a local ordinance violation that arose out of the same transaction or occurrence of a conviction under Code section 123.46 (consumption or intoxication in public place).
   The division does not apply to the following misdemeanor offenses: simple misdemeanor convictions under Code sections 123.46 (consumption or intoxication in public place) or similar local ordinances and 123.47(3) (alcohol consumption by persons under legal age) or similar local ordinances, because expungement procedures already exist for both offenses; convictions for dependent adult abuse under Code section 235B.20; convictions relating to operating a motor vehicle with an invalid driver’s license under Code section 321.218, 321A.32, or 321J.21; convictions for operating while intoxicated under Code section 321J.2; convictions of a sex offense as defined in Code section 692A.101; convictions for involuntary manslaughter under Code section 707.5; convictions for assault involving a dangerous weapon under Code section 708.2(3); convictions for domestic abuse assault under Code section 708.2A; convictions for harassment under Code section 708.7; convictions for stalking under Code section 708.11; convictions for removal of an officer’s communication or control device under Code section 708.12; convictions for trespass under Code section 716.8(3) or (4); convictions under Code chapter 717C (bestiality); convictions under Code chapter 719 (obstructing justice); convictions under Code chapter 720 (interference with judicial process); convictions under Code section 721.2 (nonfelonious conduct in office); convictions under Code section 721.10 (misuse of public records and files); convictions under Code section 723.1 (riot); convictions under Code chapter 724 (weapons); convictions under Code chapter 726 (protections of the family and dependent persons); convictions under Code chapter 728 (obscenity); convictions under Code chapter 901A (sexually predatory offenses); a conviction for a comparable offense listed in 49 C.F.R. §383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s licenses); and any conviction under prior law of an offense comparable to an offense enumerated in the bill.
   The division prohibits a person from applying more than once for an expungement of the person’s record. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.
   The division provides that the expunged record under the bill is a confidential record exempt from public access under Code section 22.7 but shall be made available by the clerk of the district court upon court order.
   The division also provides that after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
   The division provides that the supreme court may prescribe rules governing expungement procedures applicable to criminal cases pursuant to the division.
   The division applies to misdemeanor convictions that occur prior to, on, or after July 1, 2018.
   DIVISION II —— ROBBERY. This division modifies the criminal offense of robbery in the first degree to include circumstances when a person commits a robbery with a simulated firearm or simulated explosive. Currently, a person commits robbery in the first degree when the person purposely inflicts or attempts to inflict serious injury, or is armed with a dangerous weapon. Robbery in the first degree is a class “B” felony. A person convicted of a class “B” felony shall also be denied parole or work release until the person has served at least 70 percent of the sentence pursuant to Code section 902.12.
   The division defines “simulated firearm” to mean a device which is not a firearm, but which is expressly represented to be a firearm, or an object which is not a firearm but which is impliedly represented to be a firearm and which under the circumstances would lead a reasonable person to believe it to be a firearm.
   Under the division, a simulated explosive means a device which is not an explosive, but which is expressly represented to be an explosive, or a device which is not an explosive but which is impliedly represented to be an explosive and which by its appearance would lead a reasonable person to believe it to be an explosive.
   The division provides that a person serving a sentence for a conviction for robbery in the first degree for a conviction that occurs on or after July 1, 2018, shall serve between 50 and 70 percent of a 25-year class “B” felony sentence prior to being eligible for parole or work release. In determining when the person is first eligible for parole or work release within such parameters, the sentencing court shall base its determination upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. The division provides that a person serving a sentence for a conviction of robbery in the first degree for a conviction that occurs prior to July 1, 2018, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined by the board of parole based upon the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. Under current law, such a person sentenced to confinement is required to serve at least 70 percent of the 25-year maximum class “B” felony sentence prior to becoming eligible for parole or work release. 
   The division does not modify the earned time provisions related to the commission of robbery in the first degree, as a person who commits robbery in the first degree is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the person under Code section 903A.2.
   Under current law and the division, felonious robbery is also classified as a “forcible felony” under Code section 702.11, and a person convicted of felonious robbery is prohibited from receiving a suspended or deferred sentence or deferred judgment pursuant to Code section 907.3. 
   The division repeals the offense of robbery in the third degree, an aggravated misdemeanor. A person commits robbery in the third degree when, while perpetrating a robbery, the person commits a simple misdemeanor assault in violation of Code section 708.2(6). 
   DIVISION III —— PROPERTY CRIMES —— VALUE. This division increases the value of damaged or stolen property or services necessary to commit certain levels of numerous criminal offenses. 
   THEFT. The division increases the value of property necessary for a person to commit theft in the second degree from property exceeding $1,000 but not more than $10,000 to property exceeding $1,500 but not more than $10,000. Theft in the second degree is a class “D” felony. 
   The division increases the value of property necessary for a person to commit theft in the third degree from property exceeding $500 but not more than $1,000 to property exceeding $750 but not more than $1,500. Theft in the third degree is an aggravated misdemeanor. 
   The division increases the value of property necessary for a person to commit theft in the fourth degree from property exceeding $200 but not more than $500 to property exceeding $300 but not more than $750. Theft in the fourth degree is a serious misdemeanor. 
   The division increases the value of property necessary for a person to commit theft in the fifth degree from property not exceeding $200 to property not exceeding $300. Theft in the fifth degree is a simple misdemeanor. 
   AGGRAVATED THEFT. The division increases the value of property necessary for a person to commit aggravated theft from property not exceeding $200 to property not exceeding $300. Aggravated theft is an aggravated misdemeanor or a class “D” felony depending upon the circumstances of the crime. Under current law, a person commits aggravated theft when the person commits a simple assault after the person has removed or attempted to remove property not exceeding $200.
   THEFT DETECTION DEVICES —— SHIELD OR REMOVAL. The division increases the value of property necessary for a person to commit a serious misdemeanor for removal of a theft detection device from property exceeding $200 in value to property exceeding $300 in value. The division increases the value of property necessary for a person to commit a simple misdemeanor for removal of a theft detection device from property not exceeding $200 in value to property not exceeding $300 in value. 
   FRAUDULENT PRACTICE. Fraudulent practice is defined in Code section 714.8. The division increases the value of property or services necessary for a person to commit fraudulent practice in the second degree from property or services exceeding $1,000 but not more than $10,000 to property exceeding $1,500 but not more than $10,000. Fraudulent practice in the second degree is a class “D” felony. 
   The division increases the value of property or services necessary for a person to commit fraudulent practice in the third degree from property or services exceeding $500 but not more than $1,000 to property or services exceeding $750 but not more than $1,500. Fraudulent practice in the third degree is an aggravated misdemeanor. 
   The division increases the value of property or services necessary for a person to commit fraudulent practice in the fourth degree from property or services exceeding $200 but not more than $500 to property or services exceeding $300 but not more than $750. Fraudulent practice in the fourth degree is a serious misdemeanor. 
   The division increases the value of property or services necessary for a person to commit fraudulent practice in the fifth degree from property or services not exceeding $200 to property or services not exceeding $300. Fraudulent practice in the fifth degree is a simple misdemeanor. 
   CREDIT CARDS. Under current law, a person commits the class “D” felony offense of credit card fraud when a person illegally secures or seeks to secure property or services by means of a credit card and the value of the property or services is greater than $1,000 but not more than $10,000. The division increases the minimum value of property or services necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. 
   Under current law, a person commits the aggravated misdemeanor offense of credit card fraud when a person illegally secures or seeks to secure property or services by means of a credit card and the value of the property or services is $1,000 or less. The division increases the maximum value of property or services necessary for a person to commit such an aggravated misdemeanor offense from $1,000 to $1,500. 
   IDENTITY THEFT. Under current law, a person commits the class “D” felony offense of identity theft when a person fraudulently uses or fraudulently attempts to use identification information of another person, with the intent to obtain credit, property, services, or other benefit, and the value of the credit, property, services, or other benefit exceeds $1,000 but does not exceed $10,000. The division increases the minimum value necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. 
   Under current law, a person commits the aggravated misdemeanor offense of identity theft when a person fraudulently uses or fraudulently attempts to use identification information of another person, with the intent to obtain credit, property, or services, or other benefit, and the value of the credit, property, services, or other benefit exceeds $1,000 but does not exceed $10,000. The division increases the minimum value necessary for a person to commit such an aggravated misdemeanor offense from $1,000 to $1,500. 
   CRIMINAL MISCHIEF. The division increases the value of damaged property that is necessary to commit criminal mischief in the second degree from damaged property exceeding $1,000 but not more than $10,000 to damaged property exceeding $1,500 but not more than $10,000. Criminal mischief in the second degree is a class “D” felony. 
   The division increases the value of damaged property that is necessary to commit criminal mischief in the third degree from damaged property exceeding $500 but not more than $1,000 to damaged property exceeding $750 but not more than $1,500. Criminal mischief in the third degree is an aggravated misdemeanor. 
   The division increases the value of damaged property that is necessary to commit criminal mischief in the fourth degree from damaged property exceeding $200 but not more than $500 to damaged property exceeding $300 but not more than $750. Criminal mischief in the fourth degree is a serious misdemeanor. 
   The division increases the value of damaged property that is necessary to commit criminal mischief in the fifth degree from damaged property not exceeding $200 to damaged property not exceeding $300. Criminal mischief in the fifth degree is a simple misdemeanor. 
   TRESPASS. The division increases the value of damaged property that is necessary to commit a serious misdemeanor trespass offense from damaged property of more than $200 to damaged property of more than $300. 
   The division increases the value of damaged property that is necessary to commit an aggravated misdemeanor trespass offense involving a hate crime from damaged property of more than $200 to damaged property of more than $300.
   RAILROAD VANDALISM. The division increases the value of damaged property that is necessary to commit railroad vandalism in the fourth degree from damaged property exceeding $1,000 but not more than $10,000 to damaged property exceeding $1,500 but not more than $10,000. Railroad vandalism in the fourth degree is a class “D” felony. 
   The division increases the value of damaged property that is necessary to commit railroad vandalism in the fifth degree from damaged property exceeding $500 but not more than $1,000 to damaged property exceeding $750 but not more than $1,500. Railroad vandalism in the fifth degree is an aggravated misdemeanor. 
   The division increases the value of damaged property that is necessary to commit railroad vandalism in the sixth degree from damaged property exceeding $200 but not more than $500 to damaged property exceeding $300 but not more than $750. Railroad vandalism in the sixth degree is a serious misdemeanor. 
   The division increases the value of damaged property that is necessary to commit railroad vandalism in the seventh degree from damaged property not exceeding $200 to damaged property not exceeding $300. Railroad vandalism in the seventh degree is a simple misdemeanor.
   TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).  Under current law, a person commits the class “D” felony offense of transmission of unsolicited bulk email when the revenue generated from such a transmissions exceeds $1,000. The division increases the minimum value necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500.
   DIVISION IV —— REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS. Current law requires a court to order the department of transportation (DOT) to revoke a defendant’s driver’s license for 180 days if a defendant is sentenced for a controlled substance offense under Code section 124.401 (manufacturers, possessors, and counterfeit substances), 124.401A (enhanced penalty for manufacture or distribution on certain property), 124.402 (distributors, registrants, and proprietors), or 124.403 (distribution, use, possession, records, and information), a drug or drug-related offense under Code section 126.3 (prohibited acts related to drugs, devices, and cosmetics), or a controlled substance tax offense under Code chapter 453B. Current law also requires a court to send a copy of the order and a notice of the conviction to the DOT. The division strikes Code section 901.5(10) revoking a defendant’s driver’s license for 180 days if the defendant is sentenced for a controlled substance offense for an offense under Code section 124.401, 124.401A, 124.402, or 124.403.
   The division makes conforming Code changes to Code sections 124.412, 321.212, 321.215, 321.218, and 321A.17. 
   The division provides that a defendant’s driver’s license suspended or revoked pursuant to Code section 901.5(10) prior to the effective date of the division shall be reinstated if the defendant is otherwise eligible for a driver’s license. 
   The division provides a contingent effective date specifying that the division takes effect on the date the governor submits to the United States secretary of transportation a written certification that the governor is opposed to the enforcement in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a written certification that the general assembly has adopted a joint resolution expressing its opposition to the same, in accordance with 23 U.S.C. §159(a)(3)(B). The division requires the office of the governor to notify the Code editor upon submission of the certifications.
   DIVISION V —— THEFT, FRAUD, AND FORGERY REVISIONS. 
   THEFT OFFENSES —— CONSOLIDATION. The division creates new Code section 714.2A relating to the consolidation of theft offenses. The division provides that for purposes of charging a person with theft, any conduct specified as theft in Code section 714.1(1) through (10), constitutes a single offense of theft embracing the separated offenses of theft known as taking, misappropriation, theft by deception, possession or receipt of stolen property, fraudulent conversion, check fraud, theft from a public utility, unlawful access to a computer, theft of video rental property, and other similar offenses related to theft. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under Code section 714.1(1) through (10), notwithstanding the specification of a different manner of theft in the complaint, indictment, or information, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or surprise.
   DEFINITION OF FORGERY. The division amends Code section 715A.2(2) relating to forgery. Under the division, a person commits forgery when the person possesses a writing that is or purports to be a driver’s license, nonoperator’s identification card, birth certificate, or occupational license or certificate in support of an occupational license issued by a department, agency, board, or commission in this state. A person who forges such a document commits a class “D” felony. By amending the definition of forgery, the division also changes the circumstances under which an employer is subject to a civil penalty for hiring a person who commits such a forgery, pursuant to Code section 715A.2A (accommodation of forgery). 
   STATUTE OF LIMITATIONS —— FRAUD OR BREACH OF FIDUCIARY OBLIGATION. The division amends Code section 802.5 relating to extending the periods of time a prosecution may be brought against a person for any offense involving a material element of fraud or a breach of fiduciary obligation. Under current law, a prosecution may be brought within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense. The division specifies that such a prosecution may be brought within five years. 
   DIVISION VI —— CRIMINAL PROCEEDINGS.
   REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division creates new Code section 701.12 relating to evidence in a criminal prosecution. Under the division, the prosecuting attorney or a witness may refer to a person using the term “victim” during any criminal proceeding including at trial, if there is sufficient evidence to support a finding that the person referenced as the victim meets the definition of a victim in Code section 915.10. A conviction shall not be reversed based upon a reference to a person as the victim during a criminal proceeding, if there is sufficient evidence to support a finding that the person referenced as the victim meets the definition of a victim in Code section 915.10.
   DEFENDANT RIGHT TO APPEAL. The division amends Code section 814.6(1) by prohibiting the right to appeal to a defendant who has pled guilty to a criminal offense except this prohibition does not apply to a defendant who pleads guilty to a class “A” felony. The right to appeal means that an appellate court cannot deny a defendant’s statutory or constitutional right to have the defendant’s case reviewed on appeal.
   The division amends Code section 814.6(2) by specifying that discretionary review by an appellate court applies to an order denying a motion in arrest of judgment on grounds other than an ineffective assistance claim. Under current law, discretionary review applies to an order suppressing or admitting evidence, an order granting or denying a motion for a change of venue, an order denying probation, simple misdemeanor and ordinance violations, and an order raising a question of law important to the judiciary and the profession. Discretionary review is the process by which an appellate court may exercise its discretion to review specified matters not subject to appeal as a matter of right.
   INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The division amends Code section 814.7 relating to an ineffective assistance claim on appeal in a criminal case. The division prohibits an ineffective assistance claim being raised and decided on direct appeal from the criminal proceedings. Under current law, such a claim may be raised on direct appeal from the criminal proceedings if the record at the trial level is sufficient. Generally, an ineffective assistance of counsel claim is raised on appeal by a criminal defendant alleging the defendant’s attorney was so incompetent it deprived the defendant the constitutional right to assistance of counsel. 
   APPEALS FROM THE DISTRICT COURT —— GENERAL VERDICT.  The division creates new Code section 814.28 relating to general verdicts. When the prosecution relies on multiple or alternative theories to prove the commission of a public offense, a jury may return a general verdict. If the jury returns a general verdict, the division specifies that a court shall not set aside or reverse such a verdict on the basis of a defective or insufficient theory if one or more of the theories presented and described in the complaint, information, or indictment is sufficient to sustain the verdict on at least one count. 
   GUILTY PLEAS —— CHALLENGES. If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the division provides that the plea shall not be vacated unless the defendant demonstrates it is more likely than not that the defendant would not have pled guilty if the defect had not occurred. The burden applies whether the challenge is made by motion in arrest of judgment or in a challenge on appeal. Any provision in the Iowa rules of criminal procedure that are inconsistent with this provision shall have no legal effect.
   POSTCONVICTION RELIEF —— RECORDS. The division creates new Code section 822.10A relating to postconviction procedure. The division provides that the court file containing the conviction for which the applicant seeks postconviction relief shall be part of the record in any action under Code chapter 822. Upon the filing of an application for postconviction relief pursuant to Code section 822.3, the clerk of the district court shall make the underlying criminal file accessible to the applicant, county attorney, and attorney general. If the criminal file records are not available in electronic format, the division requires the clerk of the district court to convert the records to an electronic format and make the records available to the applicant, county attorney, and attorney general. 
   POSTCONVICTION —— RELIEF. The bill strikes a provision that requires the respondent to an application for postconviction relief, to file an answer to the application with relevant portions of the record of the proceedings being challenged, if the applicant fails to file the application without the record of the proceedings being challenged.
   DIVISION VII —— STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND INVESTIGATIONS. Currently, the report of an investigation by the state medical examiner or county medical examiner and the record and report of an autopsy shall be received as evidence in court or other proceedings, except that statements by witnesses or other persons and conclusions on extraneous matters included in the report are inadmissible. The division provides that the report of an investigation made by the state medical examiner or county medical examiner shall be admissible in court including any findings of the state medical examiner or county medical examiner and any information provided by a county attorney or law enforcement agency, if the information is otherwise admissible under the Iowa rules of evidence.
   The division provides that in formulating findings and conclusions regarding the cause and manner of death, the state medical examiner or county medical examiner shall be allowed to rely upon and include in the report of an investigation any information provided to the medical examiner by a county attorney or law enforcement agency.
   Additionally, the state medical examiner or county medical examiner may also rely upon and consider statements by witnesses or other persons for purposes of developing a clinical history of the decedent that preceded death when formulating findings and conclusions on the cause and manner of death. A court shall not exclude a medical examiner opinion as the cause of death on the basis that the examiner has considered out-of-court statements in forming that opinion, and such an opinion shall not constitute reversible error.
   The division also specifies that in lieu of conducting its own investigation, the state medical examiner may rely exclusively upon the findings of the county medical examiner, county attorney, or a law enforcement agency.
   DIVISION VIII —— CRIMINAL PENALTIES.
   POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a person commits a first offense possession of marijuana, the offense is punishable by imprisonment in the county jail for not more than six months or by a fine of not more than $1,000, or by both. If a person commits a second offense possession of marijuana, the person commits a serious misdemeanor, and if a person commits a third or subsequent offense possession of marijuana, the person commits an aggravated misdemeanor.
   The division decreases the criminal penalty for a first offense possession of marijuana offense from an offense punishable by imprisonment for not more than six months or by a fine of not more than $1,000, or by both, to a simple misdemeanor punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The division makes convictions for violations in any other state count as a previous offense if the violation in the other state substantially corresponds with possession of controlled substance violations in this state, thus making a person with a conviction in another state more likely to be subject to enhanced penalties for possession of a controlled substance in this state under Code section 124.401(5), as amended by the division. The division specifies that the court shall judicially notice the statutes of other states which define offenses substantially equivalent to possession of a controlled substance. 
   HOMICIDE BY VEHICLE. The division provides that a person commits a class “C” felony when the person unintentionally causes the death of another when exceeding the speed limit by 25 miles per hour or more, in violation of Code section 321.285 (speed restrictions), 321.290 (special restrictions), 321.293 (local authorities may alter limits), or 321.295 (limitation on bridge or elevated structures), if the death of the other person directly or indirectly results from such a violation. This new provision does not apply to a member of a public safety agency, as defined in Code section 34.1, performing official duties.
   Currently, a person who violates Code section 321.285 commits a simple misdemeanor or a simple misdemeanor punishable as a scheduled fine under Code section 805.8A, a person who violates Code section 321.290 or 321.293 commits a simple misdemeanor, and a person who violates Code section 321.295 commits a simple misdemeanor punishable as a scheduled fine of $50.
   ARSON IN THE FIRST DEGREE. The division requires an offender who commits the criminal offense of arson in the first degree to serve 50 to 70 percent of a 25-year class “B” felony sentence prior to being eligible for parole or work release. Under current law, such an offender is sentenced to confinement for 25 years but is eligible for parole upon entering prison. At the time of sentencing, the division provides that the court determine when a person convicted of arson in the first degree first becomes eligible for parole or work release within the parameters of 50 to 70 percent of the 25-year sentence, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. The division also makes arson in the first degree a category “B” sentence under Code section 903A.2, in effect increasing the length of the sentence by reducing the amount of earned time such a person is eligible for during confinement from one and two-tenths of a day for each day of good conduct to fifteen eighty-fifths of a day for each day of good conduct.
   JUROR SERVICE AND DONATIONS. The division relates to jurors, including donation of juror compensation or reimbursement, jury manager authority to excuse or defer jurors, and public access to juror information.
   The division provides that with approval by the chief judge of the judicial district, a jury manager may excuse or defer jurors in accordance with Code section 607A.4, 607A.5, or 607A.6. Code section 607A.4 provides minimum qualifications for jury service. Code section 607A.5 provides certain conditions for automatic excuse from jury service. Code section 607A.6 provides certain conditions for discretionary excuse from jury service. The division provides that a jury manager may defer, but not excuse, persons from juror service for reasons beyond those enumerated in these Code sections.
   The division provides that a juror may donate compensation or reimbursement for juror service to a supreme court-designated state fund or charitable organization. The division requires the state court administrator to establish separate accounts for the deposit of juror-donated moneys depending upon the state fund or charitable use or organization designated by the juror. The division limits the number of state funds or charitable uses or organizations that moneys may be donated to by the juror. The division permits juror donations to be made to the victim compensation fund established in Code section 915.94 or to the court technology and modernization fund in Code section 602.8108. The division permits juror donations for the following charitable uses or organizations: domestic violence shelters or services; specialized courts related to drug treatment, operating while intoxicated offenses, or mental health; pro se litigants; or the Iowa interest on lawyers trust account.
   The division provides that public access to juror and prospective juror information is limited. The division provides that prospective juror addresses and dates of birth are confidential and are not subject to disclosure without an order of the court.