H.F. 729 DIVISION I 1 EXPUNGEMENTS 2 Section 1. Section 123.46, subsection 6, Code 2019, 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 in the county where the conviction 31 occurred, the court shall enter an order expunging the record 32 of such a criminal case, as a matter of law, if the defendant 33 has established that more than eight years have passed since 34 the date of the conviction, the defendant has no pending 35 -1- LSB 1084HV (1) 88 as/rh 1/ 32

H.F. 729 criminal charges, and all court costs, fees, fines, and 1 restitution and other financial obligations ordered by the 2 court or assessed by the clerk of the district court have been 3 paid. 4 2. The following misdemeanors shall not be expunged: 5 a. A conviction under section 123.46. 6 b. A simple misdemeanor conviction under section 123.47, 7 subsection 3, or similar local ordinance. 8 c. A conviction for dependent adult abuse under section 9 235B.20. 10 d. A conviction under section 321.218, 321A.32, or 321J.21. 11 e. A conviction under section 321J.2. 12 f. A conviction for a sex offense as defined in section 13 692A.101. 14 g. A conviction for involuntary manslaughter under section 15 707.5. 16 h. A conviction for assault under section 708.2, subsection 17 3. 18 i. A conviction under section 708.2A. 19 j. A conviction for harassment under section 708.7. 20 k. A conviction for stalking under section 708.11. 21 l. A conviction for removal of an officer’s communication or 22 control device under section 708.12. 23 m. A conviction for trespass under section 716.8, subsection 24 3 or 4. 25 n. A conviction under chapter 717C. 26 o. A conviction under chapter 719. 27 p. A conviction under chapter 720. 28 q. A conviction under section 721.2. 29 r. A conviction under section 721.10. 30 s. A conviction under section 723.1. 31 t. A conviction under chapter 724. 32 u. A conviction under chapter 726. 33 v. A conviction under chapter 728. 34 w. A conviction under chapter 901A. 35 -2- LSB 1084HV (1) 88 as/rh 2/ 32

H.F. 729 x. A conviction for a comparable offense listed in 49 C.F.R. 1 §383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4). 2 y. A conviction under prior law of an offense comparable to 3 an offense enumerated in this subsection. 4 z. The defendant is the subject of a protective order or a 5 no-contact order. 6 aa. The defendant has been subsequently convicted of or 7 granted a deferred judgment for any criminal offense, other 8 than a simple misdemeanor conviction under chapter 321 or of a 9 similar local ordinance. 10 ab. The defendant has previously been granted two deferred 11 judgments. 12 3. A person shall be granted an expungement of a record 13 under this section one time in the person’s lifetime. 14 However, the one application may request the expungement of 15 records relating to more than one misdemeanor offense if 16 the misdemeanor offenses arose from the same transaction or 17 occurrence, and the application contains the misdemeanor 18 offenses to be expunged. 19 4. The expunged record under this section is a confidential 20 record exempt from public access under section 22.7 but shall 21 be made available by the clerk of the district court upon court 22 order. 23 5. Notwithstanding section 692.2, after receipt of 24 notice from the clerk of the district court that a record of 25 conviction has been expunged under subsection 1, the record 26 of conviction shall be removed from the criminal history data 27 files maintained by the department of public safety if such a 28 record was maintained in the criminal history data files. 29 6. The supreme court may prescribe rules governing the 30 procedures applicable to the expungement of a criminal case 31 under this section. 32 7. This section applies to a misdemeanor conviction that 33 occurred prior to, on, or after July 1, 2019. 34 DIVISION II 35 -3- LSB 1084HV (1) 88 as/rh 3/ 32

H.F. 729 ROBBERY 1 Sec. 3. Section 711.3, Code 2019, is amended to read as 2 follows: 3 711.3 Robbery in the second degree. 4 All robbery which is not robbery in the first degree is 5 robbery in the second degree , except as provided in section 6 711.3A . Robbery in the second degree is a class “C” felony. 7 Sec. 4. Section 901.11, Code 2019, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 2A. At the time of sentencing, the court 10 shall determine when a person convicted of robbery in the first 11 degree as described in section 902.12, subsection 2A, shall 12 first become eligible for parole or work release within the 13 parameters specified in section 902.12, subsection 2A, based 14 upon all pertinent information including the person’s criminal 15 record, a validated risk assessment, and the negative impact 16 the offense has had on the victim or other persons. 17 Sec. 5. Section 902.12, subsection 1, paragraph e, Code 18 2019, is amended to read as follows: 19 e. Robbery in the first or second degree in violation of 20 section 711.2 or 711.3 , except as determined in subsection 3 . 21 Sec. 6. Section 902.12, Code 2019, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 2A. A person serving a sentence for a 24 conviction for robbery in the first degree in violation of 25 section 711.2 for a conviction that occurs on or after July 1, 26 2018, shall be denied parole or work release until the person 27 has served between one-half and seven-tenths of the maximum 28 term of the person’s sentence as determined under section 29 901.11, subsection 2A. 30 Sec. 7. REPEAL. Section 711.3A, Code 2019, is repealed. 31 DIVISION III 32 PROPERTY CRIMES —— VALUE 33 Sec. 8. Section 712.3, Code 2019, is amended to read as 34 follows: 35 -4- LSB 1084HV (1) 88 as/rh 4/ 32

H.F. 729 712.3 Arson in the second degree. 1 Arson which is not arson in the first degree is arson in the 2 second degree when the property which is the subject of the 3 arson is a building or a structure, or real property of any 4 kind, or standing crops, or is personal property the value of 5 which exceeds five seven hundred fifty dollars. Arson in the 6 second degree is a class “C” felony. 7 Sec. 9. Section 714.2, Code 2019, is amended to read as 8 follows: 9 714.2 Degrees of theft. 10 1. The theft of property exceeding ten thousand dollars in 11 value, or the theft of property from the person of another, or 12 from a building which has been destroyed or left unoccupied 13 because of physical disaster, riot, bombing, or the proximity 14 of battle, or the theft of property which has been removed from 15 a building because of a physical disaster, riot, bombing, or 16 the proximity of battle, is theft in the first degree. Theft 17 in the first degree is a class “C” felony. 18 2. The theft of property exceeding one thousand five 19 hundred dollars but not exceeding ten thousand dollars in value 20 or theft of a motor vehicle as defined in chapter 321 not 21 exceeding ten thousand dollars in value, is theft in the second 22 degree. Theft in the second degree is a class “D” felony. 23 However, for purposes of this subsection , “motor vehicle” does 24 not include a motorized bicycle as defined in section 321.1, 25 subsection 40 , paragraph “b” . 26 3. The theft of property exceeding five seven hundred fifty 27 dollars but not exceeding one thousand five hundred dollars in 28 value, or the theft of any property not exceeding five hundred 29 dollars in value by one who has before been twice convicted of 30 theft, is theft in the third degree. Theft in the third degree 31 is an aggravated misdemeanor. 32 4. The theft of property exceeding two three hundred dollars 33 in value but not exceeding five seven hundred fifty dollars 34 in value is theft in the fourth degree. Theft in the fourth 35 -5- LSB 1084HV (1) 88 as/rh 5/ 32

H.F. 729 degree is a serious misdemeanor. 1 5. The theft of property not exceeding two three hundred 2 dollars in value is theft in the fifth degree. Theft in the 3 fifth degree is a simple misdemeanor. 4 Sec. 10. Section 714.3A, subsection 1, Code 2019, is amended 5 to read as follows: 6 1. A person commits aggravated theft when the person commits 7 an assault as defined in section 708.1, subsection 2 , paragraph 8 “a” , that is punishable as a simple misdemeanor under section 9 708.2, subsection 6 , after the person has removed or attempted 10 to remove property not exceeding two three hundred dollars in 11 value which has not been purchased from a store or mercantile 12 establishment, or has concealed such property of the store or 13 mercantile establishment, either on the premises or outside the 14 premises of the store or mercantile establishment. 15 Sec. 11. Section 714.7B, subsection 6, paragraphs a and b, 16 Code 2019, are amended to read as follows: 17 a. A simple misdemeanor if the value of the goods, wares, or 18 merchandise does not exceed two three hundred dollars. 19 b. A serious misdemeanor if the value of the goods, wares, 20 or merchandise exceeds two three hundred dollars. 21 Sec. 12. Section 714.10, subsection 1, Code 2019, is amended 22 to read as follows: 23 1. Fraudulent practice in the second degree is the 24 following: 25 a. A fraudulent practice where the amount of money or value 26 of property or services involved exceeds one thousand five 27 hundred dollars but does not exceed ten thousand dollars. 28 b. A fraudulent practice where the amount of money or 29 value of property or services involved does not exceed one 30 thousand five hundred dollars by one who has been convicted of 31 a fraudulent practice twice before. 32 Sec. 13. Section 714.11, subsection 1, paragraph a, Code 33 2019, is amended to read as follows: 34 a. A fraudulent practice where the amount of money or value 35 -6- LSB 1084HV (1) 88 as/rh 6/ 32

H.F. 729 of property or services involved exceeds five seven hundred 1 fifty dollars but does not exceed one thousand five hundred 2 dollars. 3 Sec. 14. Section 714.12, Code 2019, is amended to read as 4 follows: 5 714.12 Fraudulent practice in the fourth degree. 6 1. Fraudulent practice in the fourth degree is a fraudulent 7 practice where the amount of money or value of property or 8 services involved exceeds two three hundred dollars but does 9 not exceed five seven hundred fifty dollars. 10 2. Fraudulent practice in the fourth degree is a serious 11 misdemeanor. 12 Sec. 15. Section 714.13, Code 2019, is amended to read as 13 follows: 14 714.13 Fraudulent practice in the fifth degree. 15 1. Fraudulent practice in the fifth degree is a fraudulent 16 practice where the amount of money or value of property or 17 services involved does not exceed two three hundred dollars. 18 2. Fraudulent practice in the fifth degree is a simple 19 misdemeanor. 20 Sec. 16. Section 715A.6, subsection 2, paragraphs b and c, 21 Code 2019, are amended to read as follows: 22 b. If the value of the property or services secured or 23 sought to be secured by means of the credit card is greater 24 than one thousand five hundred dollars but not more than ten 25 thousand dollars, an offense under this section is a class “D” 26 felony. 27 c. If the value of the property or services secured 28 or sought to be secured by means of the credit card is one 29 thousand five hundred dollars or less, an offense under this 30 section is an aggravated misdemeanor. 31 Sec. 17. Section 715A.8, subsection 3, paragraphs b and c, 32 Code 2019, are amended to read as follows: 33 b. If the value of the credit, property, services, or other 34 benefit exceeds one thousand five hundred dollars but does not 35 -7- LSB 1084HV (1) 88 as/rh 7/ 32

H.F. 729 exceed ten thousand dollars, the person commits a class “D” 1 felony. 2 c. If the value of the credit, property, services, or other 3 benefit does not exceed one thousand five hundred dollars, the 4 person commits an aggravated misdemeanor. 5 Sec. 18. Section 716.4, subsection 1, Code 2019, is amended 6 to read as follows: 7 1. Criminal mischief is criminal mischief in the second 8 degree if the cost of replacing, repairing, or restoring the 9 property that is damaged, defaced, altered, or destroyed 10 exceeds one thousand five hundred dollars but does not exceed 11 ten thousand dollars. 12 Sec. 19. Section 716.5, subsection 1, paragraph a, Code 13 2019, is amended to read as follows: 14 a. The cost of replacing, repairing, or restoring the 15 property that is damaged, defaced, altered, or destroyed 16 exceeds five seven hundred fifty dollars, but does not exceed 17 one thousand five hundred dollars. 18 Sec. 20. Section 716.6, subsection 1, paragraph a, 19 subparagraph (1), Code 2019, is amended to read as follows: 20 (1) The cost of replacing, repairing, or restoring the 21 property that is damaged, defaced, altered, or destroyed 22 exceeds two three hundred dollars, but does not exceed five 23 seven hundred fifty dollars. 24 Sec. 21. Section 716.8, subsections 2 and 4, Code 2019, are 25 amended to read as follows: 26 2. Any person committing a trespass as defined in section 27 716.7 , other than a trespass as defined in section 716.7, 28 subsection 2 , paragraph “a” , subparagraph (6), which results in 29 injury to any person or damage in an amount more than two three 30 hundred dollars to anything, animate or inanimate, located 31 thereon or therein commits a serious misdemeanor. 32 4. A person committing a trespass as defined in section 33 716.7 with the intent to commit a hate crime which results in 34 injury to any person or damage in an amount more than two three 35 -8- LSB 1084HV (1) 88 as/rh 8/ 32

H.F. 729 hundred dollars to anything, animate or inanimate, located 1 thereon or therein commits an aggravated misdemeanor. 2 Sec. 22. Section 716.10, subsection 2, paragraphs d, e, f, 3 and g, Code 2019, are amended to read as follows: 4 d. A person commits railroad vandalism in the fourth degree 5 if the person intentionally commits railroad vandalism which 6 results in property damage which costs ten thousand dollars 7 or less but more than one thousand five hundred dollars to 8 replace, repair, or restore. Railroad vandalism in the fourth 9 degree is a class “D” felony. 10 e. A person commits railroad vandalism in the fifth degree 11 if the person intentionally commits railroad vandalism which 12 results in property damage which costs more than five seven 13 hundred fifty dollars but does not exceed one thousand five 14 hundred dollars to replace, repair, or restore. Railroad 15 vandalism in the fifth degree is an aggravated misdemeanor. 16 f. A person commits railroad vandalism in the sixth degree 17 if the person intentionally commits railroad vandalism which 18 results in property damage which costs more than one three 19 hundred dollars but does not exceed five seven hundred fifty 20 dollars to replace, repair, or restore. Railroad vandalism in 21 the sixth degree is a serious misdemeanor. 22 g. A person commits railroad vandalism in the seventh 23 degree if the person intentionally commits railroad vandalism 24 which results in property damage which costs one three hundred 25 dollars or less to replace, repair, or restore. Railroad 26 vandalism in the seventh degree is a simple misdemeanor. 27 Sec. 23. Section 716A.2, subsection 2, paragraph b, Code 28 2019, is amended to read as follows: 29 b. The revenue generated from a specific unsolicited bulk 30 electronic mail transmission exceeds one thousand five hundred 31 dollars or the total revenue generated from all unsolicited 32 bulk electronic mail transmitted to any electronic mail service 33 provider by the person exceeds fifty thousand dollars. 34 DIVISION IV 35 -9- LSB 1084HV (1) 88 as/rh 9/ 32

H.F. 729 THEFT, FRAUD, AND FORGERY REVISIONS 1 Sec. 24. 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. 25. Section 715A.2, subsection 2, paragraph a, Code 20 2019, 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. 26. Section 715A.2A, subsection 1, paragraphs a and b, 26 Code 2019, 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 -10- LSB 1084HV (1) 88 as/rh 10/ 32

H.F. 729 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. 27. Section 802.5, Code 2019, 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 V 22 CRIMINAL PROCEEDINGS 23 Sec. 28. Section 814.6, subsection 1, paragraph a, Code 24 2019, is amended to read as follows: 25 a. A final judgment of sentence, except in case of the 26 following cases: 27 (1) A simple misdemeanor and ordinance violation 28 convictions conviction . 29 (2) An ordinance violation. 30 (3) A conviction where the defendant has pled guilty. This 31 subparagraph does not apply to a guilty plea for a class “A” 32 felony. 33 Sec. 29. Section 814.6, subsection 2, Code 2019, is amended 34 by adding the following new paragraph: 35 -11- LSB 1084HV (1) 88 as/rh 11/ 32

H.F. 729 NEW PARAGRAPH . f. An order denying a motion in arrest of 1 judgment on grounds other than an ineffective assistance of 2 counsel claim. 3 Sec. 30. NEW SECTION . 814.6A Pro se filings by defendant 4 currently represented by counsel. 5 1. A defendant who is currently represented by counsel shall 6 not file any pro se document, including a brief, reply brief, 7 or motion, in any Iowa appellate court. The appellate court 8 shall not consider, and opposing counsel shall not respond to, 9 such pro se filings. 10 2. This section does not prohibit a defendant from 11 proceeding without the assistance of counsel. 12 3. A defendant currently represented by counsel may file a 13 pro se motion seeking disqualification of the counsel, which a 14 court may grant upon a showing of good cause. 15 Sec. 31. Section 814.7, Code 2019, 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 -12- LSB 1084HV (1) 88 as/rh 12/ 32

H.F. 729 Sec. 32. 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, indictment, or jury instruction is 8 sufficient to sustain the verdict on at least one count. 9 Sec. 33. 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. 34. NEW SECTION . 822.3A Claim of ineffective 19 assistance of counsel. 20 An ineffective assistance of counsel claim contained in an 21 application is not a ground of fact or law that could not have 22 been raised within the applicable time period for purposes of 23 section 822.3. 24 Sec. 35. NEW SECTION . 822.3B Pro se filings by applicants 25 currently represented by counsel. 26 1. An applicant seeking relief under section 822.2 who is 27 currently represented by counsel shall not file any pro se 28 document, including an application, brief, reply brief, or 29 motion, in any Iowa district or appellate court. The district 30 or appellate court shall not consider, and opposing counsel 31 shall not respond to, such pro se filings. 32 2. This section does not prohibit an applicant for 33 postconviction relief from proceeding without the assistance 34 of counsel. 35 -13- LSB 1084HV (1) 88 as/rh 13/ 32

H.F. 729 3. A represented applicant for postconviction relief may 1 file a pro se motion seeking disqualification of counsel, which 2 a court may grant upon a showing of good cause. 3 Sec. 36. Section 822.6, subsection 1, Code 2019, is amended 4 to read as follows: 5 1. Within thirty days after the docketing of the 6 application, or within any further time the court may fix, 7 the state shall respond by answer or by motion which may 8 be supported by affidavits. At any time prior to entry of 9 judgment the court may grant leave to withdraw the application. 10 The court may make appropriate orders for amendment of the 11 application or any pleading or motion, for pleading over, for 12 filing further pleadings or motions, or for extending the time 13 of the filing of any pleading. In considering the application 14 the court shall take account of substance regardless of defects 15 of form. If the application is not accompanied by the record 16 of the proceedings challenged therein, the respondent shall 17 file with its answer the record or portions thereof that are 18 material to the questions raised in the application. 19 Sec. 37. NEW SECTION . 901.4B Presentence determinations 20 and statements. 21 1. Before imposing sentence, the court shall do all of the 22 following: 23 a. Verify that the defendant and the defendant’s attorney 24 have read and discussed the presentence investigation report 25 and any addendum to the report. 26 b. Provide the defendant’s attorney an opportunity to speak 27 on the defendant’s behalf. 28 c. Address the defendant personally in order to permit the 29 defendant to make a statement or present any information to 30 mitigate the defendant’s sentence. 31 d. Provide the prosecuting attorney an opportunity to speak. 32 2. After hearing any statements presented pursuant 33 to subsection 1, and before imposing sentence, the court 34 shall address any victim of the crime who is present at the 35 -14- LSB 1084HV (1) 88 as/rh 14/ 32

H.F. 729 sentencing and shall allow any victim to be reasonably heard, 1 including, but not limited to, by presenting a victim impact 2 statement in the manner described in section 915.21. 3 3. For purposes of this section “victim” means the same as 4 defined in section 915.10. 5 DIVISION VI 6 ARSON 7 Sec. 38. Section 901.11, Code 2019, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 4. At the time of sentencing, the court 10 shall determine when a person convicted of arson in the first 11 degree as described in section 902.12, subsection 4, shall 12 first become eligible for parole or work release within the 13 parameters specified in section 902.12, subsection 3, based 14 upon all pertinent information including the person’s criminal 15 record, a validated risk assessment, and the negative impact 16 the offense has had on the victim or other persons. 17 Sec. 39. Section 902.12, Code 2019, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4. A person serving a sentence for a 20 conviction for arson in the first degree in violation of 21 section 712.2 that occurs on or after July 1, 2019, shall 22 be denied parole or work release until the person has served 23 between one-half and seven-tenths of the maximum term of 24 the person’s sentence as determined under section 901.11, 25 subsection 4. 26 DIVISION VII 27 LIMITATION OF CRIMINAL ACTIONS 28 Sec. 40. Section 802.2, subsection 1, Code 2019, is amended 29 to read as follows: 30 1. An information or indictment for sexual abuse in the 31 first, second, or third degree committed on or with a person 32 who is under the age of eighteen years shall be found within 33 ten fifteen years after the person upon whom the offense is 34 committed attains eighteen years of age, or if the person 35 -15- LSB 1084HV (1) 88 as/rh 15/ 32

H.F. 729 against whom the information or indictment is sought is 1 identified through the use of a DNA profile, an information or 2 indictment shall be found within three years from the date the 3 person is identified by the person’s DNA profile, whichever is 4 later. 5 Sec. 41. Section 802.2A, Code 2019, is amended to read as 6 follows: 7 802.2A Incest —— sexual exploitation by a counselor, 8 therapist, or school employee. 9 1. An information or indictment for incest under section 10 726.2 committed on or with a person who is under the age of 11 eighteen shall be found within ten fifteen years after the 12 person upon whom the offense is committed attains eighteen 13 years of age. An information or indictment for any other 14 incest shall be found within ten years after its commission. 15 2. An indictment or information for sexual exploitation by 16 a counselor, therapist, or school employee under section 709.15 17 committed on or with a person who is under the age of eighteen 18 shall be found within ten fifteen years after the person upon 19 whom the offense is committed attains eighteen years of age. 20 An information or indictment for any other sexual exploitation 21 shall be found within ten years of the date the victim was last 22 treated by the counselor or therapist, or within ten years of 23 the date the victim was enrolled in or attended the school. 24 DIVISION VIII 25 STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND 26 INVESTIGATIONS 27 Sec. 42. Section 331.802, subsection 5, Code 2019, is 28 amended by adding the following new paragraphs: 29 NEW PARAGRAPH . c. In formulating findings and conclusions 30 regarding the cause and manner of death, the state medical 31 examiner or county medical examiner shall be allowed to rely 32 upon and include in the report referred to in subsection 2, 33 paragraph “a” , any information provided by an attorney, law 34 enforcement agency, witness, or any person with relevant 35 -16- LSB 1084HV (1) 88 as/rh 16/ 32

H.F. 729 information to the medical examiner conducting the autopsy. 1 NEW PARAGRAPH . d. The state medical examiner or county 2 medical examiner may rely upon and consider statements by 3 witnesses or other persons for purposes of developing a 4 clinical history of the decedent that preceded death when 5 formulating findings and conclusions on the cause and cause 6 or manner of death. A court shall not exclude a medical 7 examiner’s opinion as to the cause of death on the basis that 8 the medical examiner relied on out-of-court statements in 9 forming that opinion, and such an opinion shall not constitute 10 reversible error. 11 Sec. 43. Section 331.802, subsection 6, Code 2019, is 12 amended to read as follows: 13 6. a. The report of an investigation made by the state 14 medical examiner or a county medical examiner and the record 15 and report of an autopsy made under this section or chapter 16 691 , shall be received as evidence in any court or other 17 proceedings, except that statements by witnesses or other 18 persons and conclusions on extraneous matters included in 19 the report are not admissible including any findings of the 20 state medical examiner or county medical examiner and any 21 information provided by an attorney, investigative agency, 22 or witness, and any report deemed necessary by the medical 23 examiner to accurately certify the cause and manner of death 24 which are included in the report of the medical examiner if the 25 information is admissible under the Iowa rules of evidence or 26 have otherwise been substantially admitted into evidence . The 27 person preparing a report or record given in evidence may be 28 subpoenaed as a witness in any civil or criminal case by any 29 party to the cause. A copy of a record, photograph, laboratory 30 finding, or record in the office of the state medical examiner 31 or any medical examiner, when attested to by the state medical 32 examiner or a staff member or the medical examiner in whose 33 office the record, photograph, or finding is filed, shall be 34 received as evidence in any court or other proceedings for any 35 -17- LSB 1084HV (1) 88 as/rh 17/ 32

H.F. 729 purpose for which the original could be received without proof 1 of the official character of the person whose name is signed 2 to it. 3 b. In conducting an investigation or autopsy under this 4 part, including but not limited to developing a clinical 5 history of the decedent and formulating findings and 6 conclusions or forming opinions as to the cause and manner of 7 death, the state medical examiner or county medical examiner 8 may use any information provided or available for review, 9 including but not limited to information or statements by a 10 witness, a suspect, or any other person with information which 11 is provided by or obtained in the course of a law enforcement 12 investigation. Such information or statements which the 13 medical examiner has used in making the findings, conclusions, 14 and opinions may also be included in the report of the medical 15 examiner. A court shall not exclude the medical examiner’s 16 report or opinion as to the cause or manner of death on the 17 basis that the medical examiner relied on information from 18 other persons or from a law enforcement agency in forming that 19 report or opinion. Admission of such a report or opinion shall 20 not constitute reversible error. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to criminal law and procedure including 25 certain related administrative proceedings, provides penalties, 26 and includes effective date provisions. 27 DIVISION I —— EXPUNGEMENTS. This division relates to the 28 expungement of records of certain misdemeanor offenses. 29 The division strikes a provision in Code section 123.46 30 relating to the expungement of a conviction for public 31 intoxication allowing for the expungement of a local ordinance 32 violation that arose out of the same transaction or occurrence 33 of a conviction under Code section 123.46. 34 The division provides that upon the application of a 35 -18- LSB 1084HV (1) 88 as/rh 18/ 32

H.F. 729 defendant convicted of a misdemeanor in the county where the 1 defendant’s conviction occurred, the court shall enter an order 2 expunging the record of such criminal case, as a matter of law, 3 if the defendant has established that more than eight years 4 have passed since the date of the conviction, the defendant has 5 no pending criminal charges, and all court costs, fees, fines, 6 and restitution and other financial obligations ordered by the 7 court or assessed by the clerk of the district court have been 8 paid. 9 The division provides that the following misdemeanors 10 shall not be expunged: simple misdemeanor convictions under 11 Code sections 123.46 (consumption or intoxication in public 12 places) and 123.47(3) (alcohol consumption by persons under 13 legal age) or similar local ordinances, because expungement 14 procedures already exist for both offenses; convictions for 15 dependent adult abuse under Code section 235B.20; convictions 16 for operating a motor vehicle with an invalid driver’s license 17 under Code section 321.218, 321A.32, or 321J.21; convictions 18 for operating while intoxicated under Code section 321J.2; 19 convictions for sex offenses as defined in Code section 20 692A.101; a conviction for involuntary manslaughter under Code 21 section 707.5; a conviction for assault involving a dangerous 22 weapon under Code section 708.2(3); convictions for domestic 23 abuse assault under Code section 708.2A; convictions for 24 harassment under Code section 708.7; a conviction for stalking 25 under Code section 708.11; convictions for removal of an 26 officer’s communication or control device under Code section 27 708.12; convictions for trespass under Code section 716.8(3) 28 or (4); convictions for bestiality under Code section 717C.1; 29 convictions under Code chapter 719 (obstructing justice); 30 convictions under Code chapter 720 (interference with judicial 31 process); convictions under Code section 721.2 (nonfelonious 32 conduct in office); convictions under Code section 721.10 33 (misuse of public records and files); convictions under Code 34 section 723.1 (riot); convictions under Code chapter 724 35 -19- LSB 1084HV (1) 88 as/rh 19/ 32

H.F. 729 (weapons); convictions under Code chapter 726 (protections 1 of the family and dependent persons); convictions under Code 2 chapter 728 (obscenity); convictions under Code chapter 901A 3 (sexually predatory offenses); a conviction for a comparable 4 offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R. 5 §383.51(e) (table 4) (commercial driver’s licenses); and any 6 conviction under prior law of an offense comparable to an 7 offense enumerated in the bill. In addition, the bill does not 8 apply to a defendant who is the subject of a protective order 9 or a no-contact order; a defendant who has been subsequently 10 convicted of or granted a deferred judgment for any criminal 11 offense, other than a simple misdemeanor conviction under Code 12 chapter 321 or of a similar local ordinance; or a defendant who 13 has previously been granted two deferred judgments. 14 The division prohibits a person from applying more than 15 once for an expungement of the person’s record. A person 16 shall be granted an expungement of a record only one time 17 in the person’s lifetime. However, the one application may 18 request the expungement of records relating to more than one 19 misdemeanor offense if the misdemeanor offenses arose from the 20 same transaction or occurrence, and the application contains 21 the misdemeanor offenses to be expunged. 22 The division provides that the expunged record under the 23 bill is a confidential record exempt from public access under 24 Code section 22.7 but shall be made available by the clerk of 25 the district court upon court order. 26 The division also provides that after receipt of notice from 27 the clerk of the district court that a record of conviction has 28 been expunged, the record of conviction shall be removed from 29 the criminal history data files maintained by the department of 30 public safety if such a record was maintained in the criminal 31 history data files. 32 The division provides that the supreme court may prescribe 33 rules governing expungement procedures applicable to criminal 34 cases pursuant to the division. 35 -20- LSB 1084HV (1) 88 as/rh 20/ 32

H.F. 729 The division applies to misdemeanor convictions that occur 1 prior to, on, or after July 1, 2019. 2 DIVISION II —— ROBBERY. This division provides that a 3 person serving a sentence for a conviction for robbery in the 4 first degree for a conviction that occurs on or after July 5 1, 2018, shall serve between 50 and 70 percent of a 25-year 6 class “B” felony sentence prior to being eligible for parole 7 or work release. In determining when the person is first 8 eligible for parole or work release within such parameters, 9 the sentencing court shall base its determination upon all 10 pertinent information including the person’s criminal record, a 11 validated risk assessment, and the negative impact the offense 12 has had on the victim or other persons. 13 The division does not modify the earned time provisions 14 related to the commission of robbery in the first degree, as a 15 person who commits robbery in the first degree is eligible for 16 a reduction of sentence equal to fifteen eighty-fifths of a day 17 for each day of good conduct by the person under Code section 18 903A.2. 19 Under current law and the division, felonious robbery is 20 also classified as a “forcible felony” under Code section 21 702.11, and a person convicted of felonious robbery is 22 prohibited from receiving a suspended or deferred sentence or 23 deferred judgment pursuant to Code section 907.3. 24 The division repeals the offense of robbery in the third 25 degree, an aggravated misdemeanor. A person commits robbery 26 in the third degree when, while perpetrating a robbery, the 27 person commits a simple misdemeanor assault in violation of 28 Code section 708.2(6). 29 DIVISION III —— PROPERTY CRIMES —— VALUE. This division 30 increases the value of damaged or stolen property or services 31 necessary to commit certain levels of numerous criminal 32 offenses. 33 THEFT. The division increases the value of property 34 necessary for a person to commit theft in the second degree 35 -21- LSB 1084HV (1) 88 as/rh 21/ 32

H.F. 729 from property exceeding $1,000 but not more than $10,000 to 1 property exceeding $1,500 but not more than $10,000. Theft in 2 the second degree is a class “D” felony. 3 The division increases the value of property necessary for 4 a person to commit theft in the third degree from property 5 exceeding $500 but not more than $1,000 to property exceeding 6 $750 but not more than $1,500. Theft in the third degree is an 7 aggravated misdemeanor. 8 The division increases the value of property necessary for 9 a person to commit theft in the fourth degree from property 10 exceeding $200 but not more than $500 to property exceeding 11 $300 but not more than $750. Theft in the fourth degree is a 12 serious misdemeanor. 13 The division increases the value of property necessary for a 14 person to commit theft in the fifth degree from property not 15 exceeding $200 to property not exceeding $300. Theft in the 16 fifth degree is a simple misdemeanor. 17 AGGRAVATED THEFT. The division increases the value of 18 property necessary for a person to commit aggravated theft from 19 property not exceeding $200 to property not exceeding $300. 20 Aggravated theft is an aggravated misdemeanor or a class “D” 21 felony depending upon the circumstances of the crime. Under 22 current law, a person commits aggravated theft when the person 23 commits a simple assault after the person has removed or 24 attempted to remove property not exceeding $200. 25 THEFT DETECTION DEVICES —— SHIELD OR REMOVAL. The division 26 increases the value of property necessary for a person to 27 commit a serious misdemeanor for removal of a theft detection 28 device from property exceeding $200 in value to property 29 exceeding $300 in value. The division increases the value of 30 property necessary for a person to commit a simple misdemeanor 31 for removal of a theft detection device from property not 32 exceeding $200 in value to property not exceeding $300 in 33 value. 34 FRAUDULENT PRACTICE. Fraudulent practice is defined in Code 35 -22- LSB 1084HV (1) 88 as/rh 22/ 32

H.F. 729 section 714.8. The division increases the value of property or 1 services necessary for a person to commit fraudulent practice 2 in the second degree from property or services exceeding $1,000 3 but not more than $10,000 to property exceeding $1,500 but not 4 more than $10,000. Fraudulent practice in the second degree 5 is a class “D” felony. 6 The division increases the value of property or services 7 necessary for a person to commit fraudulent practice in the 8 third degree from property or services exceeding $500 but not 9 more than $1,000 to property or services exceeding $750 but not 10 more than $1,500. Fraudulent practice in the third degree is 11 an aggravated misdemeanor. 12 The division increases the value of property or services 13 necessary for a person to commit fraudulent practice in the 14 fourth degree from property or services exceeding $200 but not 15 more than $500 to property or services exceeding $300 but not 16 more than $750. Fraudulent practice in the fourth degree is 17 a serious misdemeanor. 18 The division increases the value of property or services 19 necessary for a person to commit fraudulent practice in the 20 fifth degree from property or services not exceeding $200 to 21 property or services not exceeding $300. Fraudulent practice 22 in the fifth degree is a simple misdemeanor. 23 CREDIT CARDS. Under current law, a person commits the class 24 “D” felony offense of credit card fraud when a person illegally 25 secures or seeks to secure property or services by means of 26 a credit card and the value of the property or services is 27 greater than $1,000 but not more than $10,000. The division 28 increases the minimum value of property or services necessary 29 for a person to commit such a class “D” felony offense from 30 $1,000 to $1,500. 31 Under current law, a person commits the aggravated 32 misdemeanor offense of credit card fraud when a person 33 illegally secures or seeks to secure property or services 34 by means of a credit card and the value of the property or 35 -23- LSB 1084HV (1) 88 as/rh 23/ 32

H.F. 729 services is $1,000 or less. The division increases the maximum 1 value of property or services necessary for a person to commit 2 such an aggravated misdemeanor offense from $1,000 to $1,500. 3 IDENTITY THEFT. Under current law, a person commits 4 the class “D” felony offense of identity theft when a 5 person fraudulently uses or fraudulently attempts to use 6 identification information of another person, with the intent 7 to obtain credit, property, services, or other benefit, and 8 the value of the credit, property, services, or other benefit 9 exceeds $1,000 but does not exceed $10,000. The division 10 increases the minimum value necessary for a person to commit 11 such a class “D” felony offense from $1,000 to $1,500. 12 Under current law, a person commits the aggravated 13 misdemeanor offense of identity theft when a person 14 fraudulently uses or fraudulently attempts to use 15 identification information of another person, with the intent 16 to obtain credit, property, or services, or other benefit, and 17 the value of the credit, property, services, or other benefit 18 exceeds $1,000 but does not exceed $10,000. The division 19 increases the minimum value necessary for a person to commit 20 such an aggravated misdemeanor offense from $1,000 to $1,500. 21 CRIMINAL MISCHIEF. The division increases the value of 22 damaged property that is necessary to commit criminal mischief 23 in the second degree from damaged property exceeding $1,000 but 24 not more than $10,000 to damaged property exceeding $1,500 but 25 not more than $10,000. Criminal mischief in the second degree 26 is a class “D” felony. 27 The division increases the value of damaged property 28 that is necessary to commit criminal mischief in the third 29 degree from damaged property exceeding $500 but not more than 30 $1,000 to damaged property exceeding $750 but not more than 31 $1,500. Criminal mischief in the third degree is an aggravated 32 misdemeanor. 33 The division increases the value of damaged property 34 that is necessary to commit criminal mischief in the fourth 35 -24- LSB 1084HV (1) 88 as/rh 24/ 32

H.F. 729 degree from damaged property exceeding $200 but not more than 1 $500 to damaged property exceeding $300 but not more than 2 $750. Criminal mischief in the fourth degree is a serious 3 misdemeanor. 4 The division increases the value of damaged property that 5 is necessary to commit criminal mischief in the fifth degree 6 from damaged property not exceeding $200 to damaged property 7 not exceeding $300. Criminal mischief in the fifth degree is a 8 simple misdemeanor. 9 TRESPASS. The division increases the value of damaged 10 property that is necessary to commit a serious misdemeanor 11 trespass offense from damaged property of more than $200 to 12 damaged property of more than $300. 13 The division increases the value of damaged property that is 14 necessary to commit an aggravated misdemeanor trespass offense 15 involving a hate crime from damaged property of more than $200 16 to damaged property of more than $300. 17 RAILROAD VANDALISM. The division increases the value of 18 damaged property that is necessary to commit railroad vandalism 19 in the fourth degree from damaged property exceeding $1,000 but 20 not more than $10,000 to damaged property exceeding $1,500 but 21 not more than $10,000. Railroad vandalism in the fourth degree 22 is a class “D” felony. 23 The division increases the value of damaged property that 24 is necessary to commit railroad vandalism in the fifth degree 25 from damaged property exceeding $500 but not more than $1,000 26 to damaged property exceeding $750 but not more than $1,500. 27 Railroad vandalism in the fifth degree is an aggravated 28 misdemeanor. 29 The division increases the value of damaged property 30 that is necessary to commit railroad vandalism in the sixth 31 degree from damaged property exceeding $200 but not more than 32 $500 to damaged property exceeding $300 but not more than 33 $750. Railroad vandalism in the sixth degree is a serious 34 misdemeanor. 35 -25- LSB 1084HV (1) 88 as/rh 25/ 32

H.F. 729 The division increases the value of damaged property that is 1 necessary to commit railroad vandalism in the seventh degree 2 from damaged property not exceeding $200 to damaged property 3 not exceeding $300. Railroad vandalism in the seventh degree 4 is a simple misdemeanor. 5 TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL). 6 Under current law, a person commits the class “D” felony 7 offense of transmission of unsolicited bulk email when the 8 revenue generated from such a transmissions exceeds $1,000. 9 The division increases the minimum value necessary for a 10 person to commit such a class “D” felony offense from $1,000 11 to $1,500. 12 DIVISION IV —— THEFT, FRAUD, AND FORGERY REVISIONS. 13 THEFT OFFENSES —— CONSOLIDATION. This division creates new 14 Code section 714.2A relating to the consolidation of theft 15 offenses. The division provides that for purposes of charging 16 a person with theft, any conduct specified as theft in Code 17 section 714.1(1) through (10), constitutes a single offense 18 of theft embracing the separated offenses of theft known as 19 taking, misappropriation, theft by deception, possession or 20 receipt of stolen property, fraudulent conversion, check fraud, 21 theft from a public utility, unlawful access to a computer, 22 theft of video rental property, and other similar offenses 23 related to theft. An accusation of theft may be supported by 24 evidence that it was committed in any manner that would be 25 theft under Code section 714.1(1) through (10), notwithstanding 26 the specification of a different manner of theft in the 27 complaint, indictment, or information, subject only to the 28 power of the court to ensure a fair trial by granting a 29 continuance or other appropriate relief where the conduct of 30 the defense would be prejudiced by lack of fair notice or 31 surprise. 32 DEFINITION OF FORGERY. The division amends Code section 33 715A.2(2) relating to forgery. Under the division, a person 34 commits forgery when the person possesses a writing that is or 35 -26- LSB 1084HV (1) 88 as/rh 26/ 32

H.F. 729 purports to be a driver’s license, nonoperator’s identification 1 card, birth certificate, or occupational license or certificate 2 in support of an occupational license issued by a department, 3 agency, board, or commission in this state. A person who 4 forges such a document commits a class “D” felony. By amending 5 the definition of forgery, the division also changes the 6 circumstances under which an employer is subject to a civil 7 penalty for hiring a person who commits such a forgery, 8 pursuant to Code section 715A.2A (accommodation of forgery). 9 STATUTE OF LIMITATIONS —— FRAUD OR BREACH OF FIDUCIARY 10 OBLIGATION. The division amends Code section 802.5 relating 11 to extending the periods of time a prosecution may be brought 12 against a person for any offense involving a material element 13 of fraud or a breach of fiduciary obligation. Under current 14 law, a prosecution may be brought within one year after 15 discovery of the offense by an aggrieved party or by a person 16 who has a legal duty to represent an aggrieved party and who is 17 not a party to the offense. The division specifies that such a 18 prosecution may be brought within five years. 19 DIVISION V —— CRIMINAL PROCEEDINGS. 20 DEFENDANT RIGHT TO APPEAL. This division amends Code 21 section 814.6(1) by prohibiting the right to appeal to a 22 defendant who has pled guilty to a criminal offense except 23 this prohibition does not apply to a defendant who pleads 24 guilty to a class “A” felony. The right to appeal means that 25 an appellate court cannot deny a defendant’s statutory or 26 constitutional right to have the defendant’s case reviewed on 27 appeal. 28 The division amends Code section 814.6(2) by specifying that 29 discretionary review by an appellate court applies to an order 30 denying a motion in arrest of judgment on grounds other than an 31 ineffective assistance claim. Under current law, discretionary 32 review applies to an order suppressing or admitting evidence, 33 an order granting or denying a motion for a change of venue, 34 an order denying probation, simple misdemeanor and ordinance 35 -27- LSB 1084HV (1) 88 as/rh 27/ 32

H.F. 729 violations, and an order raising a question of law important to 1 the judiciary and the profession. Discretionary review is the 2 process by which an appellate court may exercise its discretion 3 to review specified matters not subject to appeal as a matter 4 of right. 5 PRO SE FILINGS BY DEFENDANT CURRENTLY REPRESENTED BY 6 COUNSEL. The division creates new Code section 814.6A relating 7 to pro se filings by defendants currently represented by 8 counsel. The bill provides that a defendant who is currently 9 represented by counsel shall not file any pro se document 10 in any Iowa appellate court. The appellate court shall not 11 consider, and opposing counsel shall not respond to, such pro 12 se filings. The division does not prohibit a defendant from 13 proceeding without the assistance of counsel. A defendant 14 currently represented by counsel may file a pro se motion 15 seeking disqualification of the counsel, which a court may 16 grant upon a showing of good cause. 17 INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The 18 division amends Code section 814.7 relating to an ineffective 19 assistance claim on appeal in a criminal case. The division 20 prohibits an ineffective assistance claim being raised and 21 decided on direct appeal from the criminal proceedings. Under 22 current law, such a claim may be raised on direct appeal from 23 the criminal proceedings if the record at the trial level is 24 sufficient. Generally, an ineffective assistance of counsel 25 claim is raised on appeal by a criminal defendant alleging 26 the defendant’s attorney was so incompetent it deprived the 27 defendant the constitutional right to assistance of counsel. 28 APPEALS FROM THE DISTRICT COURT —— GENERAL VERDICT. 29 The division creates new Code section 814.28 relating to 30 general verdicts. When the prosecution relies on multiple 31 or alternative theories to prove the commission of a public 32 offense, a jury may return a general verdict. If the jury 33 returns a general verdict, the division specifies that a court 34 shall not set aside or reverse such a verdict on the basis 35 -28- LSB 1084HV (1) 88 as/rh 28/ 32

H.F. 729 of a defective or insufficient theory if one or more of the 1 theories presented and described in the complaint, information, 2 indictment, or jury instruction is sufficient to sustain the 3 verdict on at least one count. 4 GUILTY PLEAS —— CHALLENGES. If a defendant challenges a 5 guilty plea based on an alleged defect in the plea proceedings, 6 the division provides that the plea shall not be vacated unless 7 the defendant demonstrates it is more likely than not that the 8 defendant would not have pled guilty if the defect had not 9 occurred. The burden applies whether the challenge is made 10 by motion in arrest of judgment or in a challenge on appeal. 11 Any provision in the Iowa rules of criminal procedure that are 12 inconsistent with this provision shall have no legal effect. 13 POSTCONVICTION RELIEF. The division provides that an 14 ineffective assistance of counsel claim contained in an 15 application seeking postconviction relief is not a ground 16 of fact or law that could not have been raised within the 17 applicable time period for purposes of determining if an 18 application is timely filed. 19 The division provides that an applicant seeking 20 postconviction relief who is currently represented by counsel 21 shall not file any pro se document in any Iowa district or 22 appellate court. The district or appellate court shall not 23 consider, and opposing counsel shall not respond to, such 24 pro se filings. The bill does not prohibit an applicant for 25 postconviction relief from proceeding without the assistance of 26 counsel. A represented applicant for postconviction relief may 27 file a pro se motion seeking disqualification of counsel, which 28 a court may grant upon a showing of good cause. 29 The division strikes a provision that requires the 30 respondent to an application for postconviction relief, to file 31 an answer to the application with relevant portions of the 32 record of the proceedings being challenged, if the applicant 33 fails to file the application without the record of the 34 proceedings being challenged. 35 -29- LSB 1084HV (1) 88 as/rh 29/ 32

H.F. 729 PRESENTENCE DETERMINATIONS AND STATEMENTS. The division 1 creates new Code section 901.4B relating to presentence 2 determinations and statements. At sentencing, the court shall 3 verify that the defendant and the defendant’s attorney have 4 read and discussed the presentence investigation report and any 5 addendum to the report. Before imposing sentence, the court 6 shall provide the defendant’s attorney an opportunity to speak 7 on the defendant’s behalf, address the defendant personally in 8 order to permit the defendant to make a statement or present 9 any information to mitigate the sentence, and provide the 10 prosecuting attorney an opportunity to speak. 11 After hearing any statements presented by the above, and 12 before imposing sentence, the court is required to address any 13 victim of the crime who is present at sentencing and permit 14 any victim to be reasonably heard, including but not limited 15 to by presenting a victim impact statement in the manner 16 described in Code section 915.21. “Victim” means a person who 17 has suffered physical, emotional, or financial harm as the 18 result of a public offense or a delinquent act, other than 19 a simple misdemeanor, committed in this state, or members of 20 the victim’s family, and also includes the family members of 21 a victim who died or was rendered incompetent as a result of 22 the offense or who was under 18 years of age at the time of the 23 offense. 24 DIVISION VI —— ARSON. 25 PAROLE OR WORK RELEASE ELIGIBILITY DETERMINATION —— 26 CERTAIN DRUG, CHILD ENDANGERMENT, AND ROBBERY OFFENSES. This 27 division amends Code section 901.11 by providing that at the 28 time of sentencing, the court shall determine when a person 29 convicted of arson in the first degree as described in Code 30 section 902.12(4) shall first become eligible for parole or 31 work release within the parameters specified in Code section 32 902.12(3) based upon all pertinent information including the 33 person’s criminal record, a validated risk assessment, and the 34 negative impact the offense has had on the victim or other 35 -30- LSB 1084HV (1) 88 as/rh 30/ 32

H.F. 729 persons. 1 MINIMUM SENTENCE FOR CERTAIN FELONIES —— ELIGIBILITY FOR 2 PAROLE OR WORK RELEASE. The division amends Code section 3 902.12 by providing that a person serving a sentence for a 4 conviction for arson in the first degree in violation of Code 5 section 712.2 that occurs on or after July 1, 2019, shall 6 be denied parole or work release until the person has served 7 between one-half and seven-tenths of the maximum term of the 8 person’s sentence as determined under Code section 901.11(4). 9 DIVISION VII —— LIMITATION OF CRIMINAL ACTIONS. 10 SEXUAL ABUSE —— FIRST, SECOND, OR THIRD DEGREE. This 11 division amends Code section 802.2 to provide that an 12 information or indictment for sexual abuse in the first, 13 second, or third degree committed on or with a person who is 14 under the age of 18 years shall be found within 15 years of the 15 offense. 16 INCEST —— SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR 17 SCHOOL EMPLOYEE. The division amends Code section 802.2A to 18 provide that an information or indictment for incest under Code 19 section 726.2 committed on or with a person who is under the 20 age of 18 shall be found within 15 years after the commission 21 of the offense, and an indictment or information for sexual 22 exploitation by a counselor, therapist, or school employee 23 under Code section 709.15 committed on or with a person who 24 is under the age of 18 shall be found within 15 years after 25 the commission of the offense. An information or indictment 26 for any other sexual exploitation shall be found within 10 27 years of the date the victim was last treated by the counselor 28 or therapist, or within 10 years of the date the victim was 29 enrolled in or attended the school. 30 DIVISION VIII —— STATE AND COUNTY MEDICAL EXAMINER DEATH 31 REPORTS AND INVESTIGATIONS. Currently, the report of an 32 investigation by the state medical examiner or county medical 33 examiner and the record and report of an autopsy shall be 34 received as evidence in court or other proceedings, except that 35 -31- LSB 1084HV (1) 88 as/rh 31/ 32

H.F. 729 statements by witnesses or other persons and conclusions on 1 extraneous matters included in the report are inadmissible. 2 This division provides that the report of an investigation made 3 by the state medical examiner or county medical examiner shall 4 be admissible in court including any findings of the state 5 medical examiner or county medical examiner and any information 6 provided by a county attorney or law enforcement agency, if 7 the information is otherwise admissible under the Iowa rules 8 of evidence. 9 The division provides that in formulating findings and 10 conclusions regarding the cause or manner of death, the state 11 medical examiner or county medical examiner shall be allowed 12 to rely upon and include in the report of an investigation any 13 information provided to the medical examiner by an attorney, 14 law enforcement agency, witness, or any person with relevant 15 information. 16 Additionally, in conducting an investigation or autopsy, 17 including but not limited to developing a clinical history 18 of the decedent and formulating findings and conclusions or 19 forming opinions as to the cause and manner of death, the 20 state medical examiner or county medical examiner may use any 21 information provided or available for review, including but not 22 limited to information or statements by a witness, a suspect, 23 or any other person with information which is provided by or 24 obtained in the course of a law enforcement investigation. 25 Information or statements used by the medical examiner in 26 making the findings, conclusions, and opinions may be included 27 in the report of the medical examiner. A court shall not 28 exclude the report or opinion on the basis that the medical 29 examiner relied on information from other persons or from a 30 law enforcement agency in forming that report or opinion. 31 Admission of such a report or opinion shall not constitute 32 reversible error. 33 -32- LSB 1084HV (1) 88 as/rh 32/ 32