HSB 49 (LSB 1580YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the place of trial for certain criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 803.3, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  a.  Except as otherwise provided in this section, if the county in which an offense was committed cannot be readily determined, trial of the offense shall be held in the county of residence of the victim.
   b.  If there is no victim, the victim is not a resident of this state, or the residence of the victim cannot be established, trial of the offense shall be held in the county of residence of the person charged with the offense.
   c.  If the victim is not a natural person, venue for trial of the offense is proper in any county where the victim has a physical presence.
   d.  If there is more than one victim, trial of the offenses may be held in any county in which a victim resides with the county of residence of a natural person taking priority over the county of residence of other victims.
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 the place of trial for certain criminal offenses.
   The bill provides that if the county in which an offense was committed cannot be readily determined, trial of the offense shall be held in the county of residence of the victim. If there is no victim, the victim is not a resident of this state, or the residence of the victim cannot be established, trial shall be held in the county of residence of the person charged with the offense. If the victim is not a natural person, venue for trial of the offense is proper in any county where the victim has a physical presence. If there is more than one victim, trial may be held in any county in which a victim resides with the county of residence of a natural person taking priority over the county of residence of other victims.