HF 2436 (LSB 5075HV (3) 88)

HOUSE FILE 2436

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HSB 617)

A BILL FOR

An Act relating to the penalty for public employees and public officials taking money from a public employer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.3, subsection 1, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (15)  The defendant was a public employee or public official at the time of the offense and the amount taken by the defendant from the public employer exceeded ten thousand dollars.
    Sec. 2.  Section 907.3, subsection 2, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (9)  The defendant was a public employee or public official at the time of the offense and the amount taken by the defendant from the public employer exceeded ten thousand dollars.
    Sec. 3.  Section 907.3, subsection 3, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  The defendant was a public employee or public official at the time of the offense and the amount taken by the defendant from the public employer exceeded ten thousand dollars unless the defendant establishes, by clear and convincing evidence, and the sentencing court finds and states specifically on the record, the existence of mitigating circumstances warranting a departure from the otherwise applicable mandatory term of incarceration.
    Sec. 4.  Section 907.3, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  For the purposes of this section:
   a.  “Public employee” means any individual employed by a public employer and includes a contractor or vendor.
   b.  “Public employer” means the state, its boards, commissions, agencies, and departments, and its political subdivisions including school districts and other special purpose districts.
   c.  “Public official” means the same as defined in section 68B.2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits a sentencing court from deferring the judgment or deferring the sentence of a defendant if the defendant was a public employee or public official at the time of the offense and the amount of money taken by the public employee or public official in connection with the offense exceeded $10,000.
   The bill prohibits a sentencing court from suspending the sentence of a defendant if the defendant was a public employee or public official at the time of the offense and the amount of money taken by the public employee or public official in connection with the offense exceeded $10,000 unless the defendant establishes, by clear and convincing evidence, and the sentencing court finds and states specifically on the record, that mitigating circumstances exist warranting a departure from the otherwise mandatory minimum term of incarceration.
    The bill defines “public employee” as any individual employed by a public employer and includes a contractor or vendor, “public employer” as the state, its boards, commissions, agencies, and departments, and its political subdivisions including school districts and other special purpose districts, and “public official” as officials, local officials, and members of the general assembly (as defined in Code section 68B.2).