Senate File 2307 - Introduced SENATE FILE 2307 BY WESTRICH A BILL FOR An Act establishing the criminal offense of felony rental 1 vandalism, addressing state supplementary assistance, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6125XS (3) 91 as/js

S.F. 2307 Section 1. NEW SECTION . 249.5A Ineligibility following 1 felony rental vandalism. 2 1. Notwithstanding any other provision of law, a person 3 convicted of felony rental vandalism under section 716.10A 4 shall not be eligible to receive state supplementary assistance 5 pursuant to sections 249.3 through 249.5 until one of the 6 following conditions is satisfied: 7 a. Full restitution is paid to the landlord as ordered by 8 the sentencing court. 9 b. The person has served a term of incarceration imposed by 10 the court for the offense. 11 2. This section shall not apply to: 12 a. Assistance provided solely for dependent children who 13 were not involved in the violation of section 716.10A. 14 b. Emergency medical assistance required to preserve life 15 or prevent serious harm. 16 Sec. 2. NEW SECTION . 716.10A Felony rental vandalism. 17 1. A tenant or occupant of a dwelling unit, as defined in 18 section 562A.6, who commits criminal mischief, as described 19 in section 716.1, that results in damage to the dwelling 20 unit exceeding one thousand dollars, or that involves the 21 intentional creation, introduction, or failure to prevent a 22 pest infestation that causes damage exceeding one thousand 23 dollars, is guilty of felony rental vandalism. 24 2. Felony rental vandalism is a class “D” felony. 25 3. A clerk of the sentencing court shall notify the 26 department of health and human services of any conviction under 27 this section. 28 Sec. 3. FEDERAL HOUSING ASSISTANCE —— LIMITATION. To the 29 extent permitted by federal law, a person convicted of felony 30 rental vandalism under section 716.10A, as enacted by this Act, 31 shall be ineligible for housing assistance under section 8 of 32 the United States Housing Act of 1937, Pub. L. No. 75-412, or 33 any successor program until the requirements of section 249.5A, 34 subsection 1, as enacted by this Act, are met. Nothing in this 35 -1- LSB 6125XS (3) 91 as/js 1/ 3

S.F. 2307 section shall be construed to require action by the state that 1 would result in the loss of federal funding. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill establishes the criminal offense of felony rental 6 vandalism and addresses eligibility for state supplementary 7 assistance. 8 The bill provides that a tenant or occupant of a dwelling 9 unit, as defined in Code section 562A.6, who commits criminal 10 mischief, as described in Code section 716.1, that results in 11 damage to the dwelling unit exceeding $1,000, or that involves 12 the intentional creation, introduction, or failure to prevent a 13 pest infestation that causes damage exceeding $1,000, is guilty 14 of felony rental vandalism. Felony rental vandalism is a class 15 “D” felony. A class “D” felony is punishable by confinement 16 for no more than five years and a fine of at least $1,025 but 17 not more than $10,245. 18 The bill provides that a clerk of the sentencing court shall 19 notify the department of health and human services of any 20 conviction of felony rental vandalism. 21 The bill provides that a person convicted of felony rental 22 vandalism shall not be eligible to receive state supplementary 23 assistance under Code sections 249.3 through 249.5 until 24 full restitution is paid to the landlord as ordered by 25 the sentencing court, or the person has served a term of 26 incarceration imposed by the court for the offense. The bill 27 does not apply to assistance provided solely for dependent 28 children who were not involved in the violation, or emergency 29 medical assistance required to preserve life or prevent serious 30 harm. 31 The bill provides that to the extent permitted by federal 32 law, a person convicted of felony rental vandalism shall be 33 ineligible for housing assistance under section 8 of the United 34 States Housing Act of 1937 or any successor program until the 35 -2- LSB 6125XS (3) 91 as/js 2/ 3

S.F. 2307 requirements of the bill are met. Nothing in the bill shall be 1 construed to require action by the state that would result in 2 the loss of federal funding. 3 -3- LSB 6125XS (3) 91 as/js 3/ 3