HF 2248 (LSB 5426HV (2) 90)

HOUSE FILE 2248

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 503)

A BILL FOR

An Act relating to robbery in the first degree and the applicable statute of limitations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  802.2F  Robbery —— first degree.
   An information or indictment for robbery in the first degree in violation of section 711.2 shall be found within five years after the commission of the offense.
    Sec. 2.  Section 802.3, Code 2024, is amended to read as follows:
   802.3  Felony —— aggravated or serious misdemeanor.
   In all cases, except those enumerated in section 802.1, 802.2, 802.2A, 802.2B, 802.2C, 802.2D, 802.2E, 802.2F, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
    Sec. 3.  Section 802.10, subsection 3, Code 2024, is amended to read as follows:
   3.  However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse, another sexual offense, kidnapping, human trafficking, or fraud in assisted reproduction, the indictment or information shall be found as provided in section 802.2, 802.2B, 802.2C, 802.2D, or 802.2E, if the person is identified by the person’s DNA profile.  If the action involves robbery in the first degree but does not involve sexual abuse, another sexual offense, kidnapping, human trafficking, or fraud in assisted reproduction, the indictment or information shall be found as provided in section 802.2F, if the person is identified by the person’s DNA profile.
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 robbery in the first degree and the applicable statute of limitations.
   The bill provides that an information or indictment for robbery in the first degree in violation of Code section 711.2 shall be found within five years after the commission of the offense.
   Under current law, an information or indictment for robbery in the first degree must be found within three years after its commission. Code section 711.2 provides that 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. Robbery in the first degree is a class “B” felony. A class “B” felony is punishable by confinement for no more than 25 years.
   The bill makes a conforming change to Code section 802.10(3), which relates to the identification of an accused person by the person’s DNA profile.