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 TLSB 1067XS (5) 87 av/nh
S.F. 55 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 -1- LSB 1067XS (5) 87 av/nh 1/ 2
S.F. 55 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 -2- LSB 1067XS (5) 87 av/nh 2/ 2