House File 2574 - Introduced HOUSE FILE 2574 BY WILSON 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 6176YH (1) 91 as/js

H.F. 2574 Section 1. Section 907.3, subsection 1, paragraph a, Code 1 2026, 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 ten 5 thousand dollars. 6 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2026, 7 is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (10) The defendant was a public employee 9 or public official at the time of the offense and the amount 10 taken by the defendant from the public employer exceeded ten 11 thousand dollars. 12 Sec. 3. Section 907.3, subsection 3, Code 2026, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . i. The sentence of a defendant who was a 15 public employee or public official at the time of the offense 16 and the amount taken by the defendant from the public employer 17 exceeded ten thousand dollars unless the defendant establishes, 18 by clear and convincing evidence, and the sentencing court 19 finds and states specifically on the record, the existence 20 of mitigating circumstances warranting a departure from the 21 otherwise applicable mandatory term of incarceration. 22 Sec. 4. Section 907.3, Code 2026, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 4. For the purposes of this section: 25 a. “Public employee” means any individual employed by a 26 public employer and includes a contractor or vendor. 27 b. “Public employer” means the state, its boards, 28 commissions, agencies, and departments, and its political 29 subdivisions including school districts and other special 30 purpose districts. 31 c. “Public official” means the same as defined in section 32 68B.2. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 6176YH (1) 91 as/js 1/ 2

H.F. 2574 the explanation’s substance by the members of the general assembly. 1 This bill relates to sentencing of public employees and 2 public officials for certain offenses. 3 The bill prohibits a sentencing court from deferring the 4 judgment or deferring the sentence of a defendant if the 5 defendant was a public employee or public official at the time 6 of the offense and the amount of money taken by the public 7 employee or public official in connection with the offense 8 exceeded $10,000. 9 The bill prohibits a sentencing court from suspending 10 the sentence of a defendant if the defendant was a public 11 employee or public official at the time of the offense and 12 the amount of money taken by the public employee or public 13 official in connection with the offense exceeded $10,000 unless 14 the defendant establishes, by clear and convincing evidence, 15 and the sentencing court finds and states specifically on 16 the record, that mitigating circumstances exist warranting 17 a departure from the otherwise mandatory minimum term of 18 incarceration. 19 The bill defines “public employee” as any individual 20 employed by a public employer and includes a contractor 21 or vendor; “public employer” as the state, its boards, 22 commissions, agencies, and departments, and its political 23 subdivisions including school districts and other special 24 purpose districts; and “public official” as officials, local 25 officials, and members of the general assembly (as defined in 26 Code section 68B.2). 27 -2- LSB 6176YH (1) 91 as/js 2/ 2