S.F. 2382 DIVISION I 1 EXPUNGEMENTS 2 Section 1. Section 123.46, subsection 6, Code 2018, is 3 amended to read as follows: 4 6. Upon the expiration of two years following conviction 5 for a violation of this section and a violation or of a 6 similar local ordinance that arose from the same transaction 7 or occurrence , a person may petition the court to expunge the 8 conviction including the conviction for a violation of a local 9 ordinance that arose from the same transaction or occurrence , 10 and if the person has had no other criminal convictions, other 11 than local traffic violations or simple misdemeanor violations 12 of chapter 321 during the two-year period, the conviction and 13 the conviction for a violation of a local ordinance that arose 14 from the same transaction or occurrence shall be expunged as 15 a matter of law. The court shall enter an order that the 16 record of the conviction and the conviction for a violation 17 of a local ordinance that arose from the same transaction or 18 occurrence be expunged by the clerk of the district court. 19 Notwithstanding section 692.2 , after receipt of notice from the 20 clerk of the district court that a record of conviction and 21 the conviction for a violation of a local ordinance that arose 22 from the same transaction or occurrence has been expunged, 23 the record of conviction and the conviction for a violation 24 of a local ordinance that arose from the same transaction or 25 occurrence shall be removed from the criminal history data 26 files maintained by the department of public safety if such a 27 record was maintained in the criminal history data files. 28 Sec. 2. NEW SECTION . 901C.3 Misdemeanor —— expungement. 29 1. Upon application of a defendant convicted of a 30 misdemeanor offense in the county where the conviction 31 occurred, the court shall enter an order expunging the record 32 of such a criminal case, as a matter of law, if the defendant 33 has established that more than eight years have passed since 34 the date of the conviction, the defendant has no pending 35 -1- SF 2382 (5) 87 jm/rh/bs 1/ 26

S.F. 2382 criminal charges, and all court costs, fees, fines, and 1 restitution and other financial obligations ordered by the 2 court or assessed by the clerk of the district court have been 3 paid. 4 2. Upon objection by the county attorney to the application, 5 the court shall dismiss the application if any of the following 6 apply: 7 a. A conviction under section 123.46 or similar local 8 ordinance. 9 b. A simple misdemeanor conviction under section 123.47, 10 subsection 3, or similar local ordinance. 11 c. A conviction for dependent adult abuse under section 12 235B.20. 13 d. A conviction under section 321.218, 321A.32, or 321J.21. 14 e. A conviction under section 321J.2. 15 f. A conviction for a sex offense as defined in section 16 692A.101. 17 g. A conviction for involuntary manslaughter under section 18 707.5. 19 h. A conviction for assault under section 708.2, subsection 20 3. 21 i. A conviction under section 708.2A. 22 j. A conviction for harassment under section 708.7. 23 k. A conviction for stalking under section 708.11. 24 l. A conviction for removal of an officer’s communication or 25 control device under section 708.12. 26 m. A conviction for trespass under section 716.8, subsection 27 3 or 4. 28 n. A conviction under chapter 717C. 29 o. A conviction under chapter 719. 30 p. A conviction under chapter 720. 31 q. A conviction under section 721.2. 32 r. A conviction under section 721.10. 33 s. A conviction under section 723.1. 34 t. A conviction under chapter 724. 35 -2- SF 2382 (5) 87 jm/rh/bs 2/ 26

S.F. 2382 u. A conviction under chapter 726. 1 v. A conviction under chapter 728. 2 w. A conviction under chapter 901A. 3 x. A conviction for a comparable offense listed in 49 C.F.R. 4 §383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4). 5 y. A conviction under prior law of an offense comparable to 6 an offense enumerated in this subsection. 7 z. The defendant is the subject of a protective order or a 8 no-contact order. 9 aa. The defendant has been subsequently convicted of or 10 granted a deferred judgment for any criminal offense, other 11 than a simple misdemeanor conviction under chapter 321 or of a 12 similar local ordinance. 13 ab. The defendant has previously been granted two deferred 14 judgments. 15 3. A person shall be granted an expungement of a record 16 under this section one time in the person’s lifetime. 17 However, the one application may request the expungement of 18 records relating to more than one misdemeanor offense if 19 the misdemeanor offenses arose from the same transaction or 20 occurrence, and the application contains the misdemeanor 21 offenses to be expunged. 22 4. The expunged record under this section is a confidential 23 record exempt from public access under section 22.7 but shall 24 be made available by the clerk of the district court upon court 25 order. 26 5. Notwithstanding section 692.2, after receipt of 27 notice from the clerk of the district court that a record of 28 conviction has been expunged under subsection 1, the record 29 of conviction shall be removed from the criminal history data 30 files maintained by the department of public safety if such a 31 record was maintained in the criminal history data files. 32 6. The supreme court may prescribe rules governing the 33 procedures applicable to the expungement of a criminal case 34 under this section. 35 -3- SF 2382 (5) 87 jm/rh/bs 3/ 26

S.F. 2382 7. This section applies to a misdemeanor conviction that 1 occurred prior to, on, or after July 1, 2018. 2 DIVISION II 3 ROBBERY 4 Sec. 3. NEW SECTION . 702.26 Simulated firearm. 5 “Simulated firearm” means a device which is not a firearm, 6 but which is expressly represented to be a firearm, or 7 an object which is not a firearm but which is impliedly 8 represented to be a firearm and which under the circumstances 9 would lead a reasonable person to believe it to be a firearm. 10 Sec. 4. NEW SECTION . 702.27 Simulated explosive. 11 “Simulated explosive” means a device which is not an 12 explosive, but which is expressly represented to be an 13 explosive, or a device which is not an explosive but is 14 impliedly represented to be an explosive and which by its 15 appearance would lead a reasonable person to believe it to be 16 an explosive. 17 Sec. 5. Section 711.2, Code 2018, is amended to read as 18 follows: 19 711.2 Robbery in the first degree. 20 A person commits robbery in the first degree when, while 21 perpetrating a robbery, the person purposely inflicts or 22 attempts to inflict serious injury, or is armed with a 23 dangerous weapon , simulated firearm, or simulated explosive . 24 Robbery in the first degree is a class “B” felony. 25 Sec. 6. Section 711.3, Code 2018, is amended to read as 26 follows: 27 711.3 Robbery in the second degree. 28 All robbery which is not robbery in the first degree is 29 robbery in the second degree , except as provided in section 30 711.3A . Robbery in the second degree is a class “C” felony. 31 Sec. 7. Section 901.11, Code 2018, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 2A. At the time of sentencing, the court 34 shall determine when a person convicted of robbery in the first 35 -4- SF 2382 (5) 87 jm/rh/bs 4/ 26

S.F. 2382 degree as described in section 902.12, subsection 2A, shall 1 first become eligible for parole or work release within the 2 parameters specified in section 902.12, subsection 2A, based 3 upon all pertinent information including the person’s criminal 4 record, a validated risk assessment, and the negative impact 5 the offense has had on the victim or other persons. 6 Sec. 8. Section 902.12, subsection 1, paragraph e, Code 7 2018, is amended to read as follows: 8 e. Robbery in the first or second degree in violation of 9 section 711.2 or 711.3 , except as determined in subsection 3 . 10 Sec. 9. Section 902.12, Code 2018, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 2A. A person serving a sentence for a 13 conviction for robbery in the first degree in violation of 14 section 711.2 for a conviction that occurs on or after July 1, 15 2018, shall be denied parole or work release until the person 16 has served between one-half and seven-tenths of the maximum 17 term of the person’s sentence as determined under section 18 901.11, subsection 2A. 19 Sec. 10. REPEAL. Section 711.3A, Code 2018, is repealed. 20 DIVISION III 21 PROPERTY CRIMES —— VALUE 22 Sec. 11. Section 712.3, Code 2018, is amended to read as 23 follows: 24 712.3 Arson in the second degree. 25 Arson which is not arson in the first degree is arson in the 26 second degree when the property which is the subject of the 27 arson is a building or a structure, or real property of any 28 kind, or standing crops, or is personal property the value of 29 which exceeds five seven hundred fifty dollars. Arson in the 30 second degree is a class “C” felony. 31 Sec. 12. Section 714.2, Code 2018, is amended to read as 32 follows: 33 714.2 Degrees of theft. 34 1. The theft of property exceeding ten thousand dollars in 35 -5- SF 2382 (5) 87 jm/rh/bs 5/ 26

S.F. 2382 value, or the theft of property from the person of another, or 1 from a building which has been destroyed or left unoccupied 2 because of physical disaster, riot, bombing, or the proximity 3 of battle, or the theft of property which has been removed from 4 a building because of a physical disaster, riot, bombing, or 5 the proximity of battle, is theft in the first degree. Theft 6 in the first degree is a class “C” felony. 7 2. The theft of property exceeding one thousand five 8 hundred dollars but not exceeding ten thousand dollars in value 9 or theft of a motor vehicle as defined in chapter 321 not 10 exceeding ten thousand dollars in value, is theft in the second 11 degree. Theft in the second degree is a class “D” felony. 12 However, for purposes of this subsection , “motor vehicle” does 13 not include a motorized bicycle as defined in section 321.1, 14 subsection 40 , paragraph “b” . 15 3. The theft of property exceeding five seven hundred fifty 16 dollars but not exceeding one thousand five hundred dollars in 17 value, or the theft of any property not exceeding five hundred 18 dollars in value by one who has before been twice convicted of 19 theft, is theft in the third degree. Theft in the third degree 20 is an aggravated misdemeanor. 21 4. The theft of property exceeding two three hundred dollars 22 in value but not exceeding five seven hundred fifty dollars 23 in value is theft in the fourth degree. Theft in the fourth 24 degree is a serious misdemeanor. 25 5. The theft of property not exceeding two three hundred 26 dollars in value is theft in the fifth degree. Theft in the 27 fifth degree is a simple misdemeanor. 28 Sec. 13. Section 714.3A, subsection 1, Code 2018, is amended 29 to read as follows: 30 1. A person commits aggravated theft when the person commits 31 an assault as defined in section 708.1, subsection 2 , paragraph 32 “a” , that is punishable as a simple misdemeanor under section 33 708.2, subsection 6 , after the person has removed or attempted 34 to remove property not exceeding two three hundred dollars in 35 -6- SF 2382 (5) 87 jm/rh/bs 6/ 26

S.F. 2382 value which has not been purchased from a store or mercantile 1 establishment, or has concealed such property of the store or 2 mercantile establishment, either on the premises or outside the 3 premises of the store or mercantile establishment. 4 Sec. 14. Section 714.7B, subsection 6, paragraphs a and b, 5 Code 2018, are amended to read as follows: 6 a. A simple misdemeanor if the value of the goods, wares, or 7 merchandise does not exceed two three hundred dollars. 8 b. A serious misdemeanor if the value of the goods, wares, 9 or merchandise exceeds two three hundred dollars. 10 Sec. 15. Section 714.10, subsection 1, Code 2018, is amended 11 to read as follows: 12 1. Fraudulent practice in the second degree is the 13 following: 14 a. A fraudulent practice where the amount of money or value 15 of property or services involved exceeds one thousand five 16 hundred dollars but does not exceed ten thousand dollars. 17 b. A fraudulent practice where the amount of money or 18 value of property or services involved does not exceed one 19 thousand five hundred dollars by one who has been convicted of 20 a fraudulent practice twice before. 21 Sec. 16. Section 714.11, subsection 1, paragraph a, Code 22 2018, is amended to read as follows: 23 a. A fraudulent practice where the amount of money or value 24 of property or services involved exceeds five seven hundred 25 fifty dollars but does not exceed one thousand five hundred 26 dollars. 27 Sec. 17. Section 714.12, Code 2018, is amended to read as 28 follows: 29 714.12 Fraudulent practice in the fourth degree. 30 1. Fraudulent practice in the fourth degree is a fraudulent 31 practice where the amount of money or value of property or 32 services involved exceeds two three hundred dollars but does 33 not exceed five seven hundred fifty dollars. 34 2. Fraudulent practice in the fourth degree is a serious 35 -7- SF 2382 (5) 87 jm/rh/bs 7/ 26

S.F. 2382 misdemeanor. 1 Sec. 18. Section 714.13, Code 2018, is amended to read as 2 follows: 3 714.13 Fraudulent practice in the fifth degree. 4 1. Fraudulent practice in the fifth degree is a fraudulent 5 practice where the amount of money or value of property or 6 services involved does not exceed two three hundred dollars. 7 2. Fraudulent practice in the fifth degree is a simple 8 misdemeanor. 9 Sec. 19. Section 715A.6, subsection 2, paragraphs b and c, 10 Code 2018, are amended to read as follows: 11 b. If the value of the property or services secured or 12 sought to be secured by means of the credit card is greater 13 than one thousand five hundred dollars but not more than ten 14 thousand dollars, an offense under this section is a class “D” 15 felony. 16 c. If the value of the property or services secured 17 or sought to be secured by means of the credit card is one 18 thousand five hundred dollars or less, an offense under this 19 section is an aggravated misdemeanor. 20 Sec. 20. Section 715A.8, subsection 3, paragraphs b and c, 21 Code 2018, are amended to read as follows: 22 b. If the value of the credit, property, services, or other 23 benefit exceeds one thousand five hundred dollars but does not 24 exceed ten thousand dollars, the person commits a class “D” 25 felony. 26 c. If the value of the credit, property, services, or other 27 benefit does not exceed one thousand five hundred dollars, the 28 person commits an aggravated misdemeanor. 29 Sec. 21. Section 716.4, subsection 1, Code 2018, is amended 30 to read as follows: 31 1. Criminal mischief is criminal mischief in the second 32 degree if the cost of replacing, repairing, or restoring the 33 property that is damaged, defaced, altered, or destroyed 34 exceeds one thousand five hundred dollars but does not exceed 35 -8- SF 2382 (5) 87 jm/rh/bs 8/ 26

S.F. 2382 ten thousand dollars. 1 Sec. 22. Section 716.5, subsection 1, paragraph a, Code 2 2018, is amended to read as follows: 3 a. The cost of replacing, repairing, or restoring the 4 property that is damaged, defaced, altered, or destroyed 5 exceeds five seven hundred fifty dollars, but does not exceed 6 one thousand five hundred dollars. 7 Sec. 23. Section 716.6, subsection 1, paragraph a, 8 subparagraph (1), Code 2018, is amended to read as follows: 9 (1) The cost of replacing, repairing, or restoring the 10 property that is damaged, defaced, altered, or destroyed 11 exceeds two three hundred dollars, but does not exceed five 12 seven hundred fifty dollars. 13 Sec. 24. Section 716.8, subsections 2 and 4, Code 2018, are 14 amended to read as follows: 15 2. Any person committing a trespass as defined in section 16 716.7 , other than a trespass as defined in section 716.7, 17 subsection 2 , paragraph “a” , subparagraph (6), which results in 18 injury to any person or damage in an amount more than two three 19 hundred dollars to anything, animate or inanimate, located 20 thereon or therein commits a serious misdemeanor. 21 4. A person committing a trespass as defined in section 22 716.7 with the intent to commit a hate crime which results in 23 injury to any person or damage in an amount more than two three 24 hundred dollars to anything, animate or inanimate, located 25 thereon or therein commits an aggravated misdemeanor. 26 Sec. 25. Section 716.10, subsection 2, paragraphs d, e, f, 27 and g, Code 2018, are amended to read as follows: 28 d. A person commits railroad vandalism in the fourth degree 29 if the person intentionally commits railroad vandalism which 30 results in property damage which costs ten thousand dollars 31 or less but more than one thousand five hundred dollars to 32 replace, repair, or restore. Railroad vandalism in the fourth 33 degree is a class “D” felony. 34 e. A person commits railroad vandalism in the fifth degree 35 -9- SF 2382 (5) 87 jm/rh/bs 9/ 26

S.F. 2382 if the person intentionally commits railroad vandalism which 1 results in property damage which costs more than five seven 2 hundred fifty dollars but does not exceed one thousand five 3 hundred dollars to replace, repair, or restore. Railroad 4 vandalism in the fifth degree is an aggravated misdemeanor. 5 f. A person commits railroad vandalism in the sixth degree 6 if the person intentionally commits railroad vandalism which 7 results in property damage which costs more than one three 8 hundred dollars but does not exceed five seven hundred fifty 9 dollars to replace, repair, or restore. Railroad vandalism in 10 the sixth degree is a serious misdemeanor. 11 g. A person commits railroad vandalism in the seventh 12 degree if the person intentionally commits railroad vandalism 13 which results in property damage which costs one three hundred 14 dollars or less to replace, repair, or restore. Railroad 15 vandalism in the seventh degree is a simple misdemeanor. 16 Sec. 26. Section 716A.2, subsection 2, paragraph b, Code 17 2018, is amended to read as follows: 18 b. The revenue generated from a specific unsolicited bulk 19 electronic mail transmission exceeds one thousand five hundred 20 dollars or the total revenue generated from all unsolicited 21 bulk electronic mail transmitted to any electronic mail service 22 provider by the person exceeds fifty thousand dollars. 23 DIVISION IV 24 REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS 25 Sec. 27. Section 124.412, Code 2018, is amended to read as 26 follows: 27 124.412 Notice of conviction. 28 If a person enters a plea of guilty to, or forfeits bail 29 or collateral deposited to secure the person’s appearance in 30 court, and such forfeiture is not vacated, or if a person 31 is found guilty upon an indictment or information alleging a 32 violation of this chapter , a copy of the minutes attached to 33 the indictment returned by the grand jury, or to the county 34 attorney’s information, a copy of the judgment and sentence, 35 -10- SF 2382 (5) 87 jm/rh/bs 10/ 26

S.F. 2382 and a copy of the opinion of the judge if one is filed, shall 1 be sent by the clerk of the district court or the judge to 2 the state department of transportation and to any state board 3 or officer by whom the convicted person has been licensed or 4 registered to practice the person’s profession or carry on 5 the person’s business. On the conviction of a person, the 6 court may suspend or revoke the license or registration of the 7 convicted defendant to practice the defendant’s profession 8 or carry on the defendant’s business. On the application of 9 a person whose license or registration has been suspended or 10 revoked, and upon proper showing and for good cause, the board 11 or officer may reinstate the license or registration. 12 Sec. 28. Section 321.212, subsection 1, paragraph d, Code 13 2018, is amended by striking the paragraph. 14 Sec. 29. Section 321.215, subsection 1, paragraph b, Code 15 2018, is amended to read as follows: 16 b. However, a temporary restricted license shall not be 17 issued to a person whose license is revoked pursuant to a court 18 order issued under section 901.5, subsection 10 , or under 19 section 321.209, subsections 1 through 5 or subsection 7 ; to a 20 juvenile whose license has been suspended or revoked pursuant 21 to a dispositional order under section 232.52, subsection 22 2 , paragraph “a” , for a violation of chapter 124 or 453B or 23 section 126.3 ; to a juvenile whose license has been suspended 24 under section 321.213B ; or to a person whose license has been 25 suspended pursuant to a court order under section 714.7D . A 26 temporary restricted license may be issued to a person whose 27 license is revoked under section 321.209, subsection 6 , only 28 if the person has no previous drag racing convictions. A 29 person holding a temporary restricted license issued by the 30 department under this section shall not operate a motor vehicle 31 for pleasure. 32 Sec. 30. Section 321.215, subsection 2, unnumbered 33 paragraph 1, Code 2018, is amended to read as follows: 34 Upon conviction and the suspension or revocation of a 35 -11- SF 2382 (5) 87 jm/rh/bs 11/ 26

S.F. 2382 person’s noncommercial driver’s license under section 321.209, 1 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; 2 or upon revocation pursuant to a court order issued under 3 section 901.5, subsection 10 ; or upon the denial of issuance 4 of a noncommercial driver’s license under section 321.560 , 5 based solely on offenses enumerated in section 321.555, 6 subsection 1 , paragraph “c” , or section 321.555, subsection 7 2 ; or upon suspension or revocation of a juvenile’s driver’s 8 license pursuant to a dispositional order under section 232.52, 9 subsection 2 , paragraph “a” , for a violation of chapter 124 10 or 453B , or section 126.3 ; or upon suspension of a driver’s 11 license pursuant to a court order under section 714.7D , the 12 person may apply to the department for a temporary restricted 13 license to operate a motor vehicle for the limited purpose or 14 purposes specified in subsection 1 . The application may be 15 granted only if all of the following criteria are satisfied: 16 Sec. 31. Section 321.215, subsection 2, paragraph c, Code 17 2018, is amended to read as follows: 18 c. Proof of financial responsibility is established as 19 defined in chapter 321A . However, such proof is not required 20 if the driver’s license was suspended under section 321.210A 21 or 321.513 or revoked pursuant to a court order issued under 22 section 901.5, subsection 10 . 23 Sec. 32. Section 321.218, subsection 1, Code 2018, is 24 amended to read as follows: 25 1. A person whose driver’s license or operating privilege 26 has been denied, canceled, suspended, or revoked as provided 27 in this chapter or as provided in section 252J.8 or section 28 901.5, subsection 10 , and who operates a motor vehicle upon 29 the highways of this state while the license or privilege 30 is denied, canceled, suspended, or revoked, commits a 31 simple misdemeanor. In addition to any other penalties, the 32 punishment imposed for a violation of this subsection shall 33 include assessment of a fine of not less than two hundred fifty 34 dollars nor more than one thousand five hundred dollars. 35 -12- SF 2382 (5) 87 jm/rh/bs 12/ 26

S.F. 2382 Sec. 33. Section 321A.17, subsection 4, Code 2018, is 1 amended to read as follows: 2 4. An individual applying for a driver’s license following a 3 period of suspension or revocation pursuant to a dispositional 4 order issued under section 232.52, subsection 2 , paragraph 5 “a” , or under section 321.180B , section 321.210, subsection 6 1 , paragraph “a” , subparagraph (4), or section 321.210A , 7 321.213A , 321.213B , 321.216B , or 321.513 , following a period 8 of suspension or revocation under section 321.178 or 321.194 , 9 or following a period of revocation pursuant to a court order 10 issued under section 901.5, subsection 10 , or under section 11 321J.2A , is not required to maintain proof of financial 12 responsibility under this section . 13 Sec. 34. Section 901.5, subsection 10, Code 2018, is amended 14 by striking the subsection. 15 Sec. 35. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s 16 driver’s license suspended or revoked pursuant to section 17 901.5, subsection 10, prior to the effective date of this Act, 18 shall be reinstated, if the defendant is otherwise eligible for 19 a driver’s license. 20 Sec. 36. CONTINGENT EFFECTIVE DATE. This division of this 21 Act takes effect on the date the governor submits to the United 22 States secretary of transportation a written certification 23 that the governor is opposed to the enforcement in this state 24 of a law described in 23 U.S.C. §159(a)(3)(A) and a written 25 certification that the general assembly has adopted a joint 26 resolution expressing its opposition to the same, in accordance 27 with 23 U.S.C. §159(a)(3)(B). The office of the governor shall 28 notify the Code editor upon submission of the certifications 29 described in this section. 30 DIVISION V 31 THEFT, FRAUD, AND FORGERY REVISIONS 32 Sec. 37. NEW SECTION . 714.2A Consolidation of theft 33 offenses. 34 For purposes of charging a person with theft, any conduct 35 -13- SF 2382 (5) 87 jm/rh/bs 13/ 26

S.F. 2382 specified as theft in section 714.1, subsections 1 through 10, 1 constitutes a single offense of theft embracing the separated 2 offenses of theft known as taking, misappropriation, theft by 3 deception, possession or receipt of stolen property, fraudulent 4 conversion, check fraud, theft from a public utility, unlawful 5 access to a computer, theft of video rental property, and other 6 similar offenses related to theft. An accusation of theft may 7 be supported by evidence that it was committed in any manner 8 that would be theft under sections 714.1, subsections 1 through 9 10, notwithstanding the specification of a different manner 10 in the complaint, indictment, or information, subject only 11 to the power of the court to ensure a fair trial by granting 12 a continuance or other appropriate relief where the conduct 13 of the defense would be prejudiced by lack of fair notice or 14 surprise. 15 Sec. 38. Section 715A.2, subsection 2, paragraph a, Code 16 2018, is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (5) A driver’s license, nonoperator’s 18 identification card, birth certificate, or occupational license 19 or certificate in support of an occupational license issued by 20 a department, agency, board, or commission in this state. 21 Sec. 39. Section 715A.2A, subsection 1, paragraphs a and b, 22 Code 2018, are amended to read as follows: 23 a. Hires a person when the employer or an agent or employee 24 of the employer knows that the document evidencing the person’s 25 authorized stay or employment in the United States is in 26 violation of section 715A.2, subsection 2 , paragraph “a” , 27 subparagraph (4) or (5) , or knows that the person is not 28 authorized to be employed in the United States. 29 b. Continues to employ a person when the employer or an 30 agent or employee of the employer knows that the document 31 evidencing the person’s authorized stay or employment in the 32 United States is in violation of section 715A.2, subsection 2 , 33 paragraph “a” , subparagraph (4) or (5) , or knows that the person 34 is not authorized to be employed in the United States. 35 -14- SF 2382 (5) 87 jm/rh/bs 14/ 26

S.F. 2382 Sec. 40. Section 802.5, Code 2018, is amended to read as 1 follows: 2 802.5 Extension for fraud, fiduciary breach. 3 1. If the periods prescribed in sections 802.3 and 802.4 4 have expired, prosecution may nevertheless be commenced for any 5 offense a material element of which is either fraud or a breach 6 of fiduciary obligation within one year after discovery of the 7 offense by an aggrieved party or by a person who has a legal 8 duty to represent an aggrieved party and who is not a party to 9 the offense, but in no case shall this provision extend the 10 period of limitation otherwise applicable by more than three 11 five years. 12 2. A prosecution may be commenced under this section as 13 long as the appropriate law enforcement agency has not delayed 14 the investigation in bad faith. This subsection shall not be 15 construed to require a law enforcement agency to pursue an 16 unknown offender with due diligence. 17 DIVISION VI 18 CRIMINAL PROCEEDINGS 19 Sec. 41. NEW SECTION . 701.12 Reference to victim in 20 criminal proceeding. 21 In a criminal prosecution, the prosecuting attorney or 22 a witness may refer to a person using the term “victim” 23 during any criminal proceeding including at trial, if there 24 is sufficient evidence to support a finding that the person 25 referred to as the victim meets the definition of a victim in 26 section 915.10. A conviction shall not be reversed on appeal 27 based upon a reference or references to a person as a victim 28 during a criminal proceeding, if there is sufficient evidence 29 in the record to support a finding that the person meets the 30 definition of victim in section 915.10. 31 Sec. 42. Section 814.6, subsection 1, paragraph a, Code 32 2018, is amended to read as follows: 33 a. A final judgment of sentence, except in case of the 34 following cases: 35 -15- SF 2382 (5) 87 jm/rh/bs 15/ 26

S.F. 2382 (1) A simple misdemeanor and ordinance violation 1 convictions conviction . 2 (2) An ordinance violation. 3 (3) A conviction where the defendant has pled guilty. This 4 subparagraph does not apply to a guilty plea for a class “A” 5 felony. 6 Sec. 43. Section 814.6, subsection 2, Code 2018, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. An order denying a motion in arrest of 9 judgment on grounds other than an ineffective assistance of 10 counsel claim. 11 Sec. 44. Section 814.7, Code 2018, is amended to read as 12 follows: 13 814.7 Ineffective assistance claim on appeal in a criminal 14 case. 15 1. An ineffective assistance of counsel claim in a 16 criminal case shall be determined by filing an application 17 for postconviction relief pursuant to chapter 822 , except as 18 otherwise provided in this section . The claim need not be 19 raised on direct appeal from the criminal proceedings in order 20 to preserve the claim for postconviction relief purposes , 21 and the claim shall not be decided on direct appeal from the 22 criminal proceedings . 23 2. A party may, but is not required to, raise an ineffective 24 assistance claim on direct appeal from the criminal proceedings 25 if the party has reasonable grounds to believe that the record 26 is adequate to address the claim on direct appeal. 27 3. If an ineffective assistance of counsel claim is raised 28 on direct appeal from the criminal proceedings, the court may 29 decide the record is adequate to decide the claim or may choose 30 to preserve the claim for determination under chapter 822 . 31 Sec. 45. NEW SECTION . 814.28 General verdicts. 32 When the prosecution relies on multiple or alternative 33 theories to prove the commission of a public offense, a jury 34 may return a general verdict. If the jury returns a general 35 -16- SF 2382 (5) 87 jm/rh/bs 16/ 26

S.F. 2382 verdict, an appellate court shall not set aside or reverse such 1 a verdict on the basis of a defective or insufficient theory 2 if one or more of the theories presented and described in the 3 complaint, information, indictment, or jury instruction is 4 sufficient to sustain the verdict on at least one count. 5 Sec. 46. NEW SECTION . 814.29 Guilty pleas —— challenges. 6 If a defendant challenges a guilty plea based on an alleged 7 defect in the plea proceedings, the plea shall not be vacated 8 unless the defendant demonstrates that the defendant more 9 likely than not would not have pled guilty if the defect had 10 not occurred. The burden applies whether the challenge is 11 made through a motion in arrest of judgment or on appeal. Any 12 provision in the Iowa rules of criminal procedure that are 13 inconsistent with this section shall have no legal effect. 14 Sec. 47. Section 822.6, unnumbered paragraph 1, Code 2018, 15 is amended to read as follows: 16 Within thirty days after the docketing of the application, 17 or within any further time the court may fix, the state shall 18 respond by answer or by motion which may be supported by 19 affidavits. At any time prior to entry of judgment the court 20 may grant leave to withdraw the application. The court may 21 make appropriate orders for amendment of the application or 22 any pleading or motion, for pleading over, for filing further 23 pleadings or motions, or for extending the time of the filing 24 of any pleading. In considering the application the court 25 shall take account of substance regardless of defects of form. 26 If the application is not accompanied by the record of the 27 proceedings challenged therein, the respondent shall file with 28 its answer the record or portions thereof that are material to 29 the questions raised in the application. 30 Sec. 48. NEW SECTION . 822.10A Underlying criminal offense. 31 The court file containing the conviction for which an 32 applicant seeks postconviction relief shall be part of the 33 record in any action under this chapter. Upon the filing 34 of an application for postconviction relief pursuant to 35 -17- SF 2382 (5) 87 jm/rh/bs 17/ 26

S.F. 2382 section 822.3, the clerk of the district court shall make the 1 underlying criminal file records accessible to the applicant, 2 applicant’s attorney, county attorney, and attorney general. 3 If the criminal file records are not available in electronic 4 format, the clerk of the district court shall convert the 5 records to an electronic format and make the records available 6 to the applicant, county attorney, and attorney general. 7 DIVISION VII 8 STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND 9 INVESTIGATIONS 10 Sec. 49. Section 331.802, subsection 5, Code 2018, is 11 amended by adding the following new paragraphs: 12 NEW PARAGRAPH . c. In formulating findings and conclusions 13 regarding the cause and manner of death, the state medical 14 examiner or county medical examiner shall be allowed to rely 15 upon and include in the report referred to in subsection 2, 16 paragraph “a” , any information provided by an attorney, law 17 enforcement agency, witness, or any person with relevant 18 information to the medical examiner conducting the autopsy. 19 NEW PARAGRAPH . d. The state medical examiner or county 20 medical examiner may rely upon and consider statements by 21 witnesses or other persons for purposes of developing a 22 clinical history of the decedent that preceded death when 23 formulating findings and conclusions on the cause and cause 24 or manner of death. A court shall not exclude a medical 25 examiner’s opinion as to the cause of death on the basis that 26 the medical examiner relied on out-of-court statements in 27 forming that opinion, and such an opinion shall not constitute 28 reversible error. 29 Sec. 50. Section 331.802, subsection 6, Code 2018, is 30 amended to read as follows: 31 6. a. The report of an investigation made by the state 32 medical examiner or a county medical examiner and the record 33 and report of an autopsy made under this section or chapter 34 691 , shall be received as evidence in any court or other 35 -18- SF 2382 (5) 87 jm/rh/bs 18/ 26

S.F. 2382 proceedings, except that statements by witnesses or other 1 persons and conclusions on extraneous matters included in 2 the report are not admissible including any findings of the 3 state medical examiner or county medical examiner and any 4 information provided by an attorney, investigative agency, 5 or witness, and any report deemed necessary by the medical 6 examiner to accurately certify the cause and manner of death 7 which are included in the report of the medical examiner if the 8 information is admissible under the Iowa rules of evidence or 9 have otherwise been substantially admitted into evidence . The 10 person preparing a report or record given in evidence may be 11 subpoenaed as a witness in any civil or criminal case by any 12 party to the cause. A copy of a record, photograph, laboratory 13 finding, or record in the office of the state medical examiner 14 or any medical examiner, when attested to by the state medical 15 examiner or a staff member or the medical examiner in whose 16 office the record, photograph, or finding is filed, shall be 17 received as evidence in any court or other proceedings for any 18 purpose for which the original could be received without proof 19 of the official character of the person whose name is signed 20 to it. 21 b. In conducting an investigation or autopsy under this 22 part, including but not limited to developing a clinical 23 history of the decedent and formulating findings and 24 conclusions or forming opinions as to the cause and manner of 25 death, the state medical examiner or county medical examiner 26 may use any information provided or available for review, 27 including but not limited to information or statements by a 28 witness, a suspect, or any other person with information which 29 is provided by or obtained in the course of a law enforcement 30 investigation. Such information or statements which the 31 medical examiner has used in making the findings, conclusions, 32 and opinions may also be included in the report of the medical 33 examiner. A court shall not exclude the medical examiner’s 34 report or opinion as to the cause or manner of death on the 35 -19- SF 2382 (5) 87 jm/rh/bs 19/ 26

S.F. 2382 basis that the medical examiner relied on information from 1 other persons or from a law enforcement agency in forming that 2 report or opinion. Admission of such a report or opinion shall 3 not constitute reversible error. 4 DIVISION VIII 5 CRIMINAL PENALTIES 6 Sec. 51. Section 124.401, subsection 5, Code 2018, is 7 amended to read as follows: 8 5. It is unlawful for any person knowingly or intentionally 9 to possess a controlled substance unless such substance was 10 obtained directly from, or pursuant to, a valid prescription 11 or order of a practitioner while acting in the course of the 12 practitioner’s professional practice, or except as otherwise 13 authorized by this chapter . Any Except as otherwise provided 14 in this subsection, any person who violates this subsection 15 is guilty of a serious misdemeanor for a first offense. A 16 person who commits a violation of this subsection and who has 17 previously been convicted of violating this chapter or chapter 18 124B or 453B , or chapter 124A as it existed prior to July 1, 19 2017, is guilty of an aggravated misdemeanor. A person who 20 commits a violation of this subsection and has previously 21 been convicted two or more times of violating this chapter or 22 chapter 124B or 453B , or chapter 124A as it existed prior to 23 July 1, 2017, is guilty of a class “D” felony. 24 a. (1) If Except as otherwise provided in subparagraph (4), 25 if the controlled substance is marijuana, the punishment shall 26 be by imprisonment in the county jail for not more than six 27 months or by a fine of not more than one thousand dollars, or by 28 both such fine and imprisonment for a first offense. 29 (2) If the controlled substance is marijuana and the person 30 has been previously convicted of a violation of this subsection 31 in which the controlled substance was marijuana, the punishment 32 shall be as provided in section 903.1, subsection 1 , paragraph 33 “b” . 34 (3) If the controlled substance is marijuana and the person 35 -20- SF 2382 (5) 87 jm/rh/bs 20/ 26

S.F. 2382 has been previously convicted two or more times of a violation 1 of this subsection in which the controlled substance was 2 marijuana, the person is guilty of an aggravated misdemeanor. 3 (4) If the controlled substance is marijuana and is five 4 grams or less and subparagraphs (2) and (3) do not apply, the 5 person is guilty of a simple misdemeanor. 6 b. Convictions for violations in any other states under 7 statutes substantially corresponding to this subsection shall 8 be counted as previous offenses. The courts shall judicially 9 notice the statutes of other states which define offenses 10 substantially equivalent to the offenses defined in this 11 subsection and can therefore be considered corresponding 12 statutes. Each previous violation on which a conviction was 13 entered prior to the date of the violation charged shall be 14 considered and counted as separate previous offense. 15 c. All or any part of a sentence imposed pursuant to 16 this subsection may be suspended and the person placed upon 17 probation upon such terms and conditions as the court may 18 impose including the active participation by such person in a 19 drug treatment, rehabilitation or education program approved 20 by the court. 21 d. If a person commits a violation of this subsection , the 22 court shall order the person to serve a term of imprisonment of 23 not less than forty-eight hours. Any sentence imposed may be 24 suspended, and the court shall place the person on probation 25 upon such terms and conditions as the court may impose. If 26 the person is not sentenced to confinement under the custody 27 of the director of the department of corrections, the terms 28 and conditions of probation shall require submission to random 29 drug testing. If the person fails a drug test, the court may 30 transfer the person’s placement to any appropriate placement 31 permissible under the court order. 32 e. If the controlled substance is amphetamine, its salts, 33 isomers, or salts of its isomers, or methamphetamine, its 34 salts, isomers, or salts of its isomers, the court shall order 35 -21- SF 2382 (5) 87 jm/rh/bs 21/ 26

S.F. 2382 the person to serve a term of imprisonment of not less than 1 forty-eight hours. Any sentence imposed may be suspended, 2 and the court shall place the person on probation upon such 3 terms and conditions as the court may impose. The court may 4 place the person on intensive probation. However, the terms 5 and conditions of probation shall require submission to random 6 drug testing. If the person fails a drug test, the court may 7 transfer the person’s placement to any appropriate placement 8 permissible under the court order. 9 Sec. 52. Section 321J.20, subsection 10, Code 2018, is 10 amended to read as follows: 11 10. Notwithstanding any other provision of law to the 12 contrary, in any circumstance in which this chapter requires 13 the installation of an ignition interlock device in all 14 vehicles owned or operated by a person as a condition of the 15 person’s license or privilege to operate noncommercial motor 16 vehicles, the department shall require the person to be a 17 participant in and in compliance with a sobriety and drug 18 monitoring program established pursuant to chapter 901D if the 19 person’s offense under this chapter qualifies as an eligible 20 offense as defined in section 901D.2 , and the person’s offense 21 occurred in a participating jurisdiction, as defined in section 22 901D.2 . The requirement to participate in and comply with a 23 sobriety and drug monitoring program shall continue for such 24 period as is required under section 901D.7. The department of 25 public safety shall notify the department when the participant 26 has completed participation in the sobriety and drug monitoring 27 program. This subsection shall not apply if the court enters 28 an order finding the person is not required to participate 29 in a sobriety and drug monitoring program. The department, 30 in consultation with the department of public safety, may 31 adopt rules for issuing and accepting a certification of 32 participation in and compliance with a program established 33 pursuant to chapter 901D . This subsection shall be construed 34 and implemented to comply with 23 U.S.C. §164(a), as amended by 35 -22- SF 2382 (5) 87 jm/rh/bs 22/ 26

S.F. 2382 the federal Fixing America’s Surface Transportation Act, Pub. 1 L. No. 114-94, §1414, and shall not apply if such application 2 results in a finding of noncompliance with 23 U.S.C. §164 that 3 results or will result in a reservation or transfer of funds 4 pursuant to 23 U.S.C. §164(b). This subsection shall not 5 authorize the operation of a motor vehicle for any purpose not 6 otherwise authorized by this chapter . 7 Sec. 53. Section 707.6A, subsection 2, Code 2018, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . c. Exceeding the speed limit by thirty miles 10 per hour or more, in violation of section 321.285, 321.290, 11 321.293, or 321.295, if the death of the other person directly 12 or indirectly results from the violation of section 321.285, 13 321.290, 321.293, or 321.295. This paragraph shall not apply 14 to a member of a public safety agency, as defined in section 15 34.1, performing official duties. 16 Sec. 54. Section 901.11, Code 2018, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4. At the time of sentencing, the court 19 shall determine when a person convicted of arson in the first 20 degree as described in section 902.12, subsection 4, shall 21 first become eligible for parole or work release within the 22 parameters specified in section 902.12, subsection 3, based 23 upon all pertinent information including the person’s criminal 24 record, a validated risk assessment, and the negative impact 25 the offense has had on the victim or other persons. 26 Sec. 55. Section 901D.7, subsection 2, Code 2018, is amended 27 to read as follows: 28 2. An order or directive placing a participant in the 29 program shall include the type of testing required to be 30 administered in the program and the length of time that the 31 participant is required to remain in the program. The length 32 of the program shall not be less than ninety days and the order 33 or directive shall include a requirement that the participant 34 not have a failed test result or have missed a required test 35 -23- SF 2382 (5) 87 jm/rh/bs 23/ 26

S.F. 2382 thirty days prior to the end of participation in the program. 1 The person issuing the order or directive shall send a copy of 2 the order or directive to the law enforcement agency of the 3 participating jurisdiction. 4 Sec. 56. Section 902.12, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 4. A person serving a sentence for a 7 conviction for arson in the first degree in violation of 8 section 712.2 that occurs on or after July 1, 2018, shall 9 be denied parole or work release until the person has served 10 between one-half and seven-tenths of the maximum term of 11 the person’s sentence as determined under section 901.11, 12 subsection 4. 13 DIVISION IX 14 JUROR SERVICE AND DONATIONS 15 Sec. 57. Section 602.1302, subsection 3, Code 2018, is 16 amended to read as follows: 17 3. A revolving fund is created in the state treasury 18 for the payment of jury and witness fees, including juror 19 compensation and reimbursement donated pursuant to section 20 607A.8A, mileage, costs related to summoning jurors by the 21 judicial branch, costs and fees related to the management and 22 payment of interpreters and translators in judicial branch 23 legal proceedings and court-ordered programs, and attorney 24 fees paid by the state public defender for counsel appointed 25 pursuant to section 600A.6A . The judicial branch shall 26 deposit any reimbursements to the state for the payment of 27 jury and witness fees and mileage in the revolving fund. In 28 each calendar quarter the judicial branch shall reimburse 29 the state public defender for attorney fees paid pursuant to 30 section 600A.6B . Notwithstanding section 8.33 , unencumbered 31 and unobligated receipts in the revolving fund at the end of 32 a fiscal year do not revert to the general fund of the state. 33 The judicial branch shall on or before February 1 file a 34 financial accounting of the moneys in the revolving fund with 35 -24- SF 2382 (5) 87 jm/rh/bs 24/ 26

S.F. 2382 the legislative services agency. The accounting shall include 1 an estimate of disbursements from the revolving fund for the 2 remainder of the fiscal year and for the next fiscal year. 3 Sec. 58. NEW SECTION . 607A.6A Jury manager authority to 4 excuse or defer juror service. 5 The chief judge of the judicial district may authorize a jury 6 manager to excuse persons from juror service in accordance with 7 section 607A.4, 607A.5, or 607A.6 and to defer persons from 8 juror service in accordance with section 607A.4, 607A.5, or 9 607A.6, or for any other reason. 10 Sec. 59. Section 607A.8, subsection 3, Code 2018, is amended 11 to read as follows: 12 3. A grand juror or a petit juror in all courts may 13 waive the right of the juror to receive compensation under 14 subsection 1 or reimbursement under subsection 2 or donate such 15 compensation or reimbursement pursuant to section 607A.8A . 16 Sec. 60. NEW SECTION . 607A.8A Donation of juror 17 compensation or reimbursement to state funds and charitable 18 organizations. 19 1. At the discretion of a juror, the clerk of court may 20 deduct an amount specified of the juror’s compensation or 21 reimbursement under section 607A.8 for payment to a designated 22 eligible state fund or charitable use or organization. 23 2. Moneys deducted pursuant to this section shall be 24 paid promptly to the appropriate state fund or charitable 25 organization. 26 3. The state court administrator shall establish six 27 separate accounts for juror designated moneys for deposit into 28 the designated state fund or for charitable use or distribution 29 as provided in subsection 4. 30 4. (1) The state funds eligible to receive juror designated 31 compensation include all of the following: 32 (a) The victim compensation fund established in section 33 915.94. 34 (b) The court technology and modernization fund established 35 -25- SF 2382 (5) 87 jm/rh/bs 25/ 26

S.F. 2382 in section 602.8108. 1 (2) The charitable accounts shall be used for or distributed 2 to any of the following: 3 (a) Domestic violence shelters or services. 4 (b) Specialized courts related to drug treatment, operating 5 while intoxicated offenses, or mental health. 6 (c) Pro se litigants. 7 (d) The Iowa interest on lawyers trust account. 8 Sec. 61. NEW SECTION . 607A.48 Public access to juror 9 information. 10 Public access to juror and prospective juror information 11 shall be limited. The addresses and dates of birth of 12 prospective jurors are confidential and not subject to 13 disclosure without an order of the court. 14 -26- SF 2382 (5) 87 jm/rh/bs 26/ 26