HSB 663 (LSB 5716XL (10) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR BILL)

A BILL FOR

An Act relating to qualifications for certain rights and privileges prescribed by the state, including state employment, professional licensure, voter registration, and bail, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE

    Section 1.  Section 7E.3, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Verification of United States citizenship and immigration status.  Use the e-verify system of the United States citizenship and immigration services to confirm the employment eligibility of newly hired employees.
    Sec. 2.  Section 10A.101, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  “SAVE program” means the systematic alien verification for entitlements system of the United States department of homeland security and the United States citizenship and immigration services.
    Sec. 3.  NEW SECTION.  10A.113  SAVE program clearinghouse.
   There is created within the department a SAVE program clearinghouse, which shall serve as the central entity to process requests to verify, using the SAVE program, the United States citizenship and immigration status of an individual who has applied for a professional license in this state. The department shall adopt rules pursuant to chapter 17A to implement this section.
    Sec. 4.  Section 10A.506, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  13.  a.  The licensing and regulation examining boards included in the department pursuant to subsection 1 shall use the SAVE program clearinghouse created within the department pursuant to section 10A.113 to verify the United States citizenship and immigration status of an individual who has applied for a professional license from the board.
   b.  A denial of an application for a professional license due to the results of the SAVE program clearinghouse check shall be appealed to the director and the director’s decision shall constitute final agency action.
    Sec. 5.  NEW SECTION.  262.9E  Verification of citizenship and immigration status.
   The state board of regents and each institution of higher education governed by the board shall use the e-verify system of the United States citizenship and immigration services to confirm the employment eligibility of newly hired employees.
    Sec. 6.  Section 272C.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  “SAVE program clearinghouse” means the SAVE program clearinghouse created within the department of inspections, appeals, and licensing pursuant to section 10A.113.
    Sec. 7.  Section 272C.4, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Use the SAVE program clearinghouse to confirm the United States citizenship and immigration status of an individual who has applied for a professional license from the board.
    Sec. 8.  Section 272C.10, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  For a license deemed a professional license by the licensing board, unlawful presence in the United States, as determined by using the SAVE program clearinghouse.
    Sec. 9.  NEW SECTION.  272C.15A  Disqualifications for unlawful presence.
   A licensing board established after January 1, 1978, and pursuant to the provisions of this chapter, shall not issue or renew a professional license to an individual who the licensing board is unable to verify is lawfully present in the United States, as determined by using the SAVE program clearinghouse.
DIVISION II
VOTER REGISTRATION —— UNAUTHORIZED ALIENS

    Sec. 10.  Section 39A.2, subsection 1, paragraph a, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  Falsely swears to an oath required pursuant to section 48A.7A or 48A.11.
    Sec. 11.  Section 48A.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Unauthorized alien” means a person who is unlawfully present in the United States under the federal Immigration and Nationality Act, 8 U.S.C. §1101 et seq., as modified by applicable federal statutes, rules, and regulations.
    Sec. 12.  Section 48A.6, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A person who is an unauthorized alien.
    Sec. 13.  Section 48A.11, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Each voter registration form shall include the following oath:
By submitting this form, I do solemnly swear and affirm that I will protect and defend the Constitution of the United States and the Constitution of the State of Iowa, that I am qualified to register to vote under the Constitution and laws of the State of Iowa, and that all information provided in my voter registration application is true. I have carefully reviewed the instructions for completing the Iowa voter registration application, and I further swear or affirm that I am a United States citizen. I understand that if I have provided false information on my voter registration application that I could be subject to criminal penalties for perjury and that I may be fined, imprisoned, or, if not a United States citizen, deported from or refused entry into the United States.
    Sec. 14.  NEW SECTION.  802.2H  Election misconduct in the first degree.
   An information or indictment for election misconduct in the first degree in violation of section 39A.2 shall be found within five years after the commission of the offense.
    Sec. 15.  Section 802.3, Code 2026, 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, 802.2G, 802.2H, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
DIVISION III
PRETRIAL DETENTION

    Sec. 16.  Section 811.1, subsection 1, Code 2026, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0d.  “Forcible felony” means the same as defined in section 702.11.
   NEW PARAGRAPH.  00d.  “Indictable offense” means the same as defined in section 801.4.
   NEW PARAGRAPH.  e.  “Unauthorized alien” means a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted consistently with any applicable federal statutes, rules, or regulations.
    Sec. 17.  Section 811.1, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   All Except as provided in subsection 3, all defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail:
    Sec. 18.  Section 811.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  a.  Notwithstanding subsection 2, all defendants are bailable before conviction, by sufficient surety, or subject to release upon conditions or on their own recognizance, except when the offense is for a forcible felony. A charge for a forcible felony creates a rebuttable presumption that the person is dangerous and that there is not a sufficient surety or condition of release that will reasonably assure the personal safety of another person or persons. If a court determines that there is probable cause to believe that the defendant committed a forcible felony, then the defendant shall be detained without bail. The prosecuting attorney, or the court on its own motion, must move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will reasonably assure the personal safety of another person or persons.
   b.  It shall be presumed that there are not sufficient sureties or conditions of release that will secure the appearance at trial of an unauthorized alien for an indictable offense. If a court determines that there is probable cause to believe that the defendant committed an indictable offense and the court further determines by a preponderance of the evidence that the defendant is an unauthorized alien, the prosecuting attorney, or the court on its own motion, shall move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will secure the appearance of the defendant at trial.
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 qualifications for certain rights and privileges prescribed by this state, including state employment, professional licensure, voter registration, and bail. 
   DIVISION I —— IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE. The bill requires each head of a department or independent agency of this state, as well as the state board of regents and each regents institution, to use the e-verify system of the U.S. citizenship and immigration services to confirm the employment eligibility of newly hired employees. 
   The bill creates within the department of inspections, appeals, and licensing a clearinghouse to process requests to verify, using the systematic alien verification for entitlements system of the U.S. department of homeland security and the U.S. citizenship and immigration services (SAVE program), the United States citizenship and immigration status of individuals who have applied for a professional license in this state. The bill requires professional licensing boards to use the SAVE program clearinghouse to verify the U.S. citizenship and immigration status of an individual who has applied for a professional license from the board and to decline to issue or renew a license if the licensing board is unable to verify that the person is lawfully present in the United States. The bill requires the denial of an application for a professional license due to the results of the SAVE program clearinghouse check to be appealed to the director of the department of inspections, appeals, and licensing, and the decision of the director shall constitute a final agency action.
   The bill also requires a licensing board established after January 1, 1978, to adopt rules for the revocation or suspension of a license that the licensing board deems to be a professional license if the licensee is unlawfully present in the United States, as determined by using the SAVE program clearinghouse.
   DIVISION II —— VOTER REGISTRATION —— UNAUTHORIZED ALIENS.  The bill disqualifies persons who are unauthorized aliens, defined in the bill as persons who are unlawfully present in the United States under the federal Immigration and Nationality Act, from registering to vote and from voting. The bill requires a person submitting a voter registration form to swear an oath to protect and defend the constitutions of the United States and of Iowa, that the person is qualified to register to vote, and that the person has not submitted false information in the voter registration form. A person falsely swearing this oath is guilty of election misconduct in the first degree, a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill provides that an information or indictment for election misconduct in the first degree shall be found within five years after the commission of the offense. Under current law, an information or indictment for election misconduct in the first degree must be found within three years after its commission.
   DIVISION III —— PRETRIAL DETENTION. The bill provides that a charge for a forcible felony creates a rebuttable presumption that the person is dangerous and that there is not a sufficient surety or condition of release that will reasonably assure the personal safety of another person or persons. If a court determines that there is probable cause to believe that the defendant committed a forcible felony, then the defendant shall be detained without bail. The prosecuting attorney, or the court on its own motion, must move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will reasonably assure the personal safety of another person or persons.
   The bill also provides that it shall be presumed that there are not sufficient sureties or conditions of release that will secure the appearance at trial of an unauthorized alien for an indictable offense. If a court determines that there is probable cause to believe that the defendant committed an indictable offense and the court further determines by a preponderance of the evidence that the defendant is an unauthorized alien, the prosecuting attorney, or the court on its own motion, shall move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will secure the appearance of the defendant at trial.