Senate
File
55
-
Introduced
SENATE
FILE
55
BY
CHELGREN
A
BILL
FOR
An
Act
relating
to
a
lifetime
ban
from
state
parks
or
preserves
1
for
certain
repeat
criminal
offenders,
including
criminal
2
penalties,
and
including
an
applicability
date.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
461A.51A
Repeat
criminal
offenders
1
——
state
park
or
preserve
ban
——
penalties.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Conviction”
means
found
guilty
of,
pleads
guilty
to,
5
or
receives
a
deferred
sentence
or
deferred
judgment
for
a
6
criminal
act.
7
b.
“Criminal
act”
means
any
of
the
following:
8
(1)
An
offense
constituting
a
violation
of
section
123.46
9
involving
public
intoxication.
10
(2)
An
offense
constituting
a
violation
of
chapter
321J
11
involving
operating
while
intoxicated.
12
(3)
An
offense
constituting
a
violation
of
chapter
708
13
involving
assault.
14
(4)
An
offense
constituting
a
violation
of
chapter
709
15
involving
sexual
abuse.
16
(5)
An
offense
constituting
a
violation
of
chapter
711
17
involving
a
robbery
or
extortion.
18
(6)
Any
other
offense
constituting
a
forcible
felony
as
19
defined
in
section
702.11.
20
2.
Upon
a
person’s
third
conviction
for
a
criminal
act,
the
21
court
shall
notify
the
person
that
the
person
is
banned
for
22
life
from
entering
the
real
property
comprising
a
state
park
23
or
preserve.
24
3.
A
person
who
violates
a
lifetime
ban
imposed
under
25
subsection
2
by
entering
real
property
comprising
a
state
26
park
or
preserve
shall
be
guilty
of
a
simple
misdemeanor.
A
27
person
convicted
of
a
second
or
subsequent
violation
of
such
a
28
lifetime
ban
shall
be
guilty
of
a
serious
misdemeanor.
29
4.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A,
30
in
cooperation
with
the
judicial
branch,
to
administer
this
31
section.
32
Sec.
2.
APPLICABILITY.
This
Act
applies
to
criminal
33
convictions
accumulated
by
a
person
on
or
after
July
1,
2017.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
provides
that
a
person
who
accumulates
three
3
or
more
convictions
for
any
combination
of
certain
specified
4
criminal
offenses
involving
intoxication,
operating
while
5
intoxicated,
assault,
sexual
abuse,
robbery
or
extortion,
or
6
a
forcible
felony,
is
subject
to
a
lifetime
ban
from
entering
7
the
real
property
comprising
a
state
park
or
preserve.
Upon
a
8
person’s
third
conviction
for
such
an
offense,
the
court
is
to
9
notify
the
person
of
the
ban.
10
A
person
who
violates
this
ban
by
entering
the
real
property
11
comprising
a
state
park
or
preserve
is
guilty
of
a
simple
12
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
13
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
14
more
than
$625
or
by
both.
A
person
convicted
of
a
second
or
15
subsequent
violation
of
such
a
lifetime
ban
is
guilty
of
a
16
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
by
17
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
18
$315
but
not
more
than
$1,875.
19
The
natural
resource
commission,
in
cooperation
with
the
20
judicial
branch,
is
required
to
adopt
rules
pursuant
to
Code
21
chapter
17A
to
administer
the
provisions
of
the
bill.
22
The
bill
is
applicable
to
criminal
convictions
accumulated
23
by
a
person
on
or
after
July
1,
2017.
24
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