House Study Bill 635 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the penalty for public employees and public 1 officials taking money from a public employer. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6269YC (1) 90 as/js

H.F. _____ Section 1. Section 907.3, subsection 1, paragraph a, Code 1 2024, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (17) The defendant was a public employee 3 or public official at the time of the offense and the amount 4 taken by the defendant from the public employer exceeded seven 5 thousand five hundred dollars. 6 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2024, 7 is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (10) An offense for which the defendant 9 was a public employee or public official at the time of the 10 offense and the amount taken by the defendant from the public 11 employer exceeded seven thousand five hundred dollars. 12 Sec. 3. Section 907.3, subsection 3, Code 2024, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . i. A sentence for an offense for which 15 the defendant was a public employee or public official at the 16 time of the offense and the amount taken by the defendant 17 from the public employer exceeded seven thousand five 18 hundred dollars unless the defendant establishes, by clear 19 and convincing evidence, and the sentencing court finds and 20 states specifically on the record, the existence of mitigating 21 circumstances warranting a departure from the otherwise 22 applicable mandatory term of incarceration. 23 Sec. 4. Section 907.3, Code 2024, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4. For the purposes of this section: 26 a. “Public employee” means any individual employed by a 27 public employer. 28 b. “Public employer” means the state, its boards, 29 commissions, agencies, and departments, and its political 30 subdivisions including school districts and other special 31 purpose districts. 32 c. “Public official” means the same as defined in section 33 68B.2. 34 EXPLANATION 35 -1- LSB 6269YC (1) 90 as/js 1/ 2

H.F. _____ 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 prohibits a sentencing court from deferring 3 the judgment or deferring the sentence of a defendant if the 4 defendant was a public employee or public official at the time 5 of the offense and the amount of money taken by the public 6 employee or public official in connection with the offense 7 exceeded $7,500. 8 The bill prohibits a sentencing court from suspending 9 the sentence of a defendant if the defendant was a public 10 employee or public official at the time of the offense and 11 the amount of money taken by the public employee or public 12 official in connection with the offense exceeded $7,500 unless 13 the defendant establishes, by clear and convincing evidence, 14 and the sentencing court finds and states specifically on 15 the record, that mitigating circumstances exist warranting 16 a departure from the otherwise mandatory minimum term of 17 incarceration. 18 The bill defines “public employee” as any individual 19 employed by a public employer, “public employer” as the state, 20 its boards, commissions, agencies, and departments, and its 21 political subdivisions including school districts and other 22 special purpose districts, and “public official” as officials, 23 local officials, and members of the general assembly (as 24 defined in Code section 68B.2). 25 -2- LSB 6269YC (1) 90 as/js 2/ 2