SF 2307 (LSB 6125XS (3) 91)

SENATE FILE 2307

BY  WESTRICH

A BILL FOR

An Act establishing the criminal offense of felony rental vandalism, addressing state supplementary assistance, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  249.5A  Ineligibility following felony rental vandalism.
   1.  Notwithstanding any other provision of law, a person convicted of felony rental vandalism under section 716.10A shall not be eligible to receive state supplementary assistance pursuant to sections 249.3 through 249.5 until one of the following conditions is satisfied:
   a.  Full restitution is paid to the landlord as ordered by the sentencing court.
   b.  The person has served a term of incarceration imposed by the court for the offense.
   2.  This section shall not apply to:
   a.  Assistance provided solely for dependent children who were not involved in the violation of section 716.10A.
   b.  Emergency medical assistance required to preserve life or prevent serious harm.
    Sec. 2.  NEW SECTION.  716.10A  Felony rental vandalism.
   1.  A tenant or occupant of a dwelling unit, as defined in section 562A.6, who commits criminal mischief, as described in section 716.1, that results in damage to the dwelling unit exceeding one thousand dollars, or that involves the intentional creation, introduction, or failure to prevent a pest infestation that causes damage exceeding one thousand dollars, is guilty of felony rental vandalism.
   2.  Felony rental vandalism is a class “D” felony.
   3.  A clerk of the sentencing court shall notify the department of health and human services of any conviction under this section.
    Sec. 3.  FEDERAL HOUSING ASSISTANCE —— LIMITATION.  To the extent permitted by federal law, a person convicted of felony rental vandalism under section 716.10A, as enacted by this Act, shall be ineligible for housing assistance under section 8 of the United States Housing Act of 1937, Pub. L. No. 75-412, or any successor program until the requirements of section 249.5A, subsection 1, as enacted by this Act, are met. Nothing in this section shall be construed to require action by the state that would result in the loss of federal funding.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offense of felony rental vandalism and addresses eligibility for state supplementary assistance.
   The bill provides that a tenant or occupant of a dwelling unit, as defined in Code section 562A.6, who commits criminal mischief, as described in Code section 716.1, that results in damage to the dwelling unit exceeding $1,000, or that involves the intentional creation, introduction, or failure to prevent a pest infestation that causes damage exceeding $1,000, is guilty of felony rental vandalism. Felony rental vandalism is 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 a clerk of the sentencing court shall notify the department of health and human services of any conviction of felony rental vandalism.
   The bill provides that a person convicted of felony rental vandalism shall not be eligible to receive state supplementary assistance under Code sections 249.3 through 249.5 until full restitution is paid to the landlord as ordered by the sentencing court, or the person has served a term of incarceration imposed by the court for the offense. The bill does not apply to assistance provided solely for dependent children who were not involved in the violation, or emergency medical assistance required to preserve life or prevent serious harm.
   The bill provides that to the extent permitted by federal law, a person convicted of felony rental vandalism shall be ineligible for housing assistance under section 8 of the United States Housing Act of 1937 or any successor program until the requirements of the bill are met. Nothing in the bill shall be construed to require action by the state that would result in the loss of federal funding.