S.F. 589 DIVISION I 1 EXPUNGEMENTS 2 Section 1. Section 123.46, subsection 6, Code 2019, 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 proven all of the following: 34 a. More than eight years have passed since the date of the 35 -1- SF 589 (2) 88 as/rh/mb 1/ 17

S.F. 589 conviction. 1 b. The defendant has no pending criminal charges. 2 c. The defendant has not previously been granted two 3 deferred judgments. 4 d. The defendant has paid all court costs, fees, fines, 5 restitution, and any other financial obligations ordered by the 6 court or assessed by the clerk of the district court. 7 2. The following misdemeanors shall not be expunged: 8 a. A conviction under section 123.46. 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 589 (2) 88 as/rh/mb 2/ 17

S.F. 589 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) or 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 3. A person shall be granted an expungement of a record 8 under this section one time in the person’s lifetime. 9 However, the one application may request the expungement of 10 records relating to more than one misdemeanor offense if 11 the misdemeanor offenses arose from the same transaction or 12 occurrence, and the application contains the misdemeanor 13 offenses to be expunged. 14 4. The expunged record under this section is a confidential 15 record exempt from public access under section 22.7 but shall 16 be made available by the clerk of the district court upon court 17 order. 18 5. Notwithstanding section 692.2, after receipt of 19 notice from the clerk of the district court that a record of 20 conviction has been expunged under subsection 1, the record 21 of conviction shall be removed from the criminal history data 22 files maintained by the department of public safety if such a 23 record was maintained in the criminal history data files. 24 6. The supreme court may prescribe rules governing the 25 procedures applicable to the expungement of a criminal case 26 under this section. 27 7. This section applies to a misdemeanor conviction that 28 occurred prior to, on, or after July 1, 2019. 29 DIVISION II 30 ROBBERY —— AGGRAVATED THEFT 31 Sec. 3. Section 711.3, Code 2019, is amended to read as 32 follows: 33 711.3 Robbery in the second degree. 34 All robbery which is not robbery in the first degree is 35 -3- SF 589 (2) 88 as/rh/mb 3/ 17

S.F. 589 robbery in the second degree , except as provided in section 1 711.3A . Robbery in the second degree is a class “C” felony. 2 Sec. 4. NEW SECTION . 711.3B Aggravated theft. 3 1. A person commits aggravated theft when the person commits 4 an assault as defined in section 708.1, subsection 2, paragraph 5 “a” , that is punishable as a simple misdemeanor under section 6 708.2, subsection 6, after the person has removed or attempted 7 to remove property not exceeding three hundred dollars in 8 value which has not been purchased from a store or mercantile 9 establishment, or has concealed such property of the store or 10 mercantile establishment, either on the premises or outside the 11 premises of the store or mercantile establishment. 12 2. a. A person who commits aggravated theft is guilty of an 13 aggravated misdemeanor. 14 b. A person who commits aggravated theft, and who has 15 previously been convicted of an aggravated theft, robbery in 16 the first degree in violation of section 711.2, robbery in the 17 second degree in violation of section 711.3, or extortion in 18 violation of section 711.4, is guilty of a class “D” felony. 19 3. In determining if a violation is a class “D” felony 20 offense the following shall apply: 21 a. A deferred judgment entered pursuant to section 907.3 for 22 a violation of any offense specified in subsection 2 shall be 23 counted as a previous offense. 24 b. A conviction or the equivalent of a deferred judgment for 25 a violation in any other states under statutes substantially 26 corresponding to an offense specified in subsection 2 shall be 27 counted as a previous offense. The courts shall judicially 28 notice the statutes of other states which define offenses 29 substantially equivalent to the offenses specified in this 30 section and can therefore be considered corresponding statutes. 31 4. Aggravated theft is not an included offense of robbery 32 in the first or second degree. 33 Sec. 5. Section 808.12, subsections 1 and 3, Code 2019, are 34 amended to read as follows: 35 -4- SF 589 (2) 88 as/rh/mb 4/ 17

S.F. 589 1. Persons concealing property as set forth in section 1 714.3A 711.3B or 714.5 , may be detained and searched by a peace 2 officer, person employed in a facility containing library 3 materials, merchant, or merchant’s employee, provided that 4 the detention is for a reasonable length of time and that the 5 search is conducted in a reasonable manner by a person of the 6 same sex and according to subsection 2 of this section . 7 3. The detention or search under this section by a peace 8 officer, person employed in a facility containing library 9 materials, merchant, or merchant’s employee does not render the 10 person liable, in a criminal or civil action, for false arrest 11 or false imprisonment provided the person conducting the search 12 or detention had reasonable grounds to believe the person 13 detained or searched had concealed or was attempting to conceal 14 property as set forth in section 714.3A 711.3B or 714.5 . 15 Sec. 6. Section 901.11, Code 2019, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 2A. At the time of sentencing, the court 18 shall determine when a person convicted of robbery in the first 19 degree as described in section 902.12, subsection 2A, shall 20 first become eligible for parole or work release within the 21 parameters specified in section 902.12, subsection 2A, based 22 upon all pertinent information including the person’s criminal 23 record, a validated risk assessment, and the negative impact 24 the offense has had on the victim or other persons. 25 Sec. 7. Section 902.12, subsection 1, paragraph e, Code 26 2019, is amended to read as follows: 27 e. Robbery in the first or second degree in violation of 28 section 711.2 or 711.3 , except as determined in subsection 3 . 29 Sec. 8. Section 902.12, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 2A. A person serving a sentence for a 32 conviction for robbery in the first degree in violation of 33 section 711.2 for a conviction that occurs on or after July 1, 34 2018, shall be denied parole or work release until the person 35 -5- SF 589 (2) 88 as/rh/mb 5/ 17

S.F. 589 has served between one-half and seven-tenths of the maximum 1 term of the person’s sentence as determined under section 2 901.11, subsection 2A. 3 Sec. 9. REPEAL. Sections 711.3A, 711.5, and 714.3A, Code 4 2019, are repealed. 5 DIVISION III 6 PROPERTY CRIMES —— VALUE 7 Sec. 10. Section 712.3, Code 2019, is amended to read as 8 follows: 9 712.3 Arson in the second degree. 10 Arson which is not arson in the first degree is arson in the 11 second degree when the property which is the subject of the 12 arson is a building or a structure, or real property of any 13 kind, or standing crops, or is personal property the value of 14 which exceeds five seven hundred fifty dollars. Arson in the 15 second degree is a class “C” felony. 16 Sec. 11. Section 714.2, Code 2019, is amended to read as 17 follows: 18 714.2 Degrees of theft. 19 1. The theft of property exceeding ten thousand dollars in 20 value, or the theft of property from the person of another, or 21 from a building which has been destroyed or left unoccupied 22 because of physical disaster, riot, bombing, or the proximity 23 of battle, or the theft of property which has been removed from 24 a building because of a physical disaster, riot, bombing, or 25 the proximity of battle, is theft in the first degree. Theft 26 in the first degree is a class “C” felony. 27 2. The theft of property exceeding one thousand five 28 hundred dollars but not exceeding ten thousand dollars in value 29 or theft of a motor vehicle as defined in chapter 321 not 30 exceeding ten thousand dollars in value, is theft in the second 31 degree. Theft in the second degree is a class “D” felony. 32 However, for purposes of this subsection , “motor vehicle” does 33 not include a motorized bicycle as defined in section 321.1, 34 subsection 40 , paragraph “b” . 35 -6- SF 589 (2) 88 as/rh/mb 6/ 17

S.F. 589 3. The theft of property exceeding five seven hundred fifty 1 dollars but not exceeding one thousand five hundred dollars in 2 value, or the theft of any property not exceeding five hundred 3 dollars in value by one who has before been twice convicted of 4 theft, is theft in the third degree. Theft in the third degree 5 is an aggravated misdemeanor. 6 4. The theft of property exceeding two three hundred dollars 7 in value but not exceeding five seven hundred fifty dollars 8 in value is theft in the fourth degree. Theft in the fourth 9 degree is a serious misdemeanor. 10 5. The theft of property not exceeding two three hundred 11 dollars in value is theft in the fifth degree. Theft in the 12 fifth degree is a simple misdemeanor. 13 Sec. 12. Section 714.7B, subsection 6, paragraphs a and b, 14 Code 2019, are amended to read as follows: 15 a. A simple misdemeanor if the value of the goods, wares, or 16 merchandise does not exceed two three hundred dollars. 17 b. A serious misdemeanor if the value of the goods, wares, 18 or merchandise exceeds two three hundred dollars. 19 Sec. 13. Section 714.10, subsection 1, Code 2019, is amended 20 to read as follows: 21 1. Fraudulent practice in the second degree is the 22 following: 23 a. A fraudulent practice where the amount of money or value 24 of property or services involved exceeds one thousand five 25 hundred dollars but does not exceed ten thousand dollars. 26 b. A fraudulent practice where the amount of money or 27 value of property or services involved does not exceed one 28 thousand five hundred dollars by one who has been convicted of 29 a fraudulent practice twice before. 30 Sec. 14. Section 714.11, subsection 1, paragraph a, Code 31 2019, is amended to read as follows: 32 a. A fraudulent practice where the amount of money or value 33 of property or services involved exceeds five seven hundred 34 fifty dollars but does not exceed one thousand five hundred 35 -7- SF 589 (2) 88 as/rh/mb 7/ 17

S.F. 589 dollars. 1 Sec. 15. Section 714.12, Code 2019, is amended to read as 2 follows: 3 714.12 Fraudulent practice in the fourth degree. 4 1. Fraudulent practice in the fourth degree is a fraudulent 5 practice where the amount of money or value of property or 6 services involved exceeds two three hundred dollars but does 7 not exceed five seven hundred fifty dollars. 8 2. Fraudulent practice in the fourth degree is a serious 9 misdemeanor. 10 Sec. 16. Section 714.13, Code 2019, is amended to read as 11 follows: 12 714.13 Fraudulent practice in the fifth degree. 13 1. Fraudulent practice in the fifth degree is a fraudulent 14 practice where the amount of money or value of property or 15 services involved does not exceed two three hundred dollars. 16 2. Fraudulent practice in the fifth degree is a simple 17 misdemeanor. 18 Sec. 17. Section 715A.6, subsection 2, paragraphs b and c, 19 Code 2019, are amended to read as follows: 20 b. If the value of the property or services secured or 21 sought to be secured by means of the credit card is greater 22 than one thousand five hundred dollars but not more than ten 23 thousand dollars, an offense under this section is a class “D” 24 felony. 25 c. If the value of the property or services secured 26 or sought to be secured by means of the credit card is one 27 thousand five hundred dollars or less, an offense under this 28 section is an aggravated misdemeanor. 29 Sec. 18. Section 715A.8, subsection 3, paragraphs b and c, 30 Code 2019, are amended to read as follows: 31 b. If the value of the credit, property, services, or other 32 benefit exceeds one thousand five hundred dollars but does not 33 exceed ten thousand dollars, the person commits a class “D” 34 felony. 35 -8- SF 589 (2) 88 as/rh/mb 8/ 17

S.F. 589 c. If the value of the credit, property, services, or other 1 benefit does not exceed one thousand five hundred dollars, the 2 person commits an aggravated misdemeanor. 3 Sec. 19. Section 716.4, subsection 1, Code 2019, is amended 4 to read as follows: 5 1. Criminal mischief is criminal mischief in the second 6 degree if the cost of replacing, repairing, or restoring the 7 property that is damaged, defaced, altered, or destroyed 8 exceeds one thousand five hundred dollars but does not exceed 9 ten thousand dollars. 10 Sec. 20. Section 716.5, subsection 1, paragraph a, Code 11 2019, is amended to read as follows: 12 a. The cost of replacing, repairing, or restoring the 13 property that is damaged, defaced, altered, or destroyed 14 exceeds five seven hundred fifty dollars, but does not exceed 15 one thousand five hundred dollars. 16 Sec. 21. Section 716.6, subsection 1, paragraph a, 17 subparagraph (1), Code 2019, is amended to read as follows: 18 (1) The cost of replacing, repairing, or restoring the 19 property that is damaged, defaced, altered, or destroyed 20 exceeds two three hundred dollars, but does not exceed five 21 seven hundred fifty dollars. 22 Sec. 22. Section 716.8, subsections 2 and 4, Code 2019, are 23 amended to read as follows: 24 2. Any person committing a trespass as defined in section 25 716.7 , other than a trespass as defined in section 716.7, 26 subsection 2 , paragraph “a” , subparagraph (6), which results in 27 injury to any person or damage in an amount more than two three 28 hundred dollars to anything, animate or inanimate, located 29 thereon or therein commits a serious misdemeanor. 30 4. A person committing a trespass as defined in section 31 716.7 with the intent to commit a hate crime which results in 32 injury to any person or damage in an amount more than two three 33 hundred dollars to anything, animate or inanimate, located 34 thereon or therein commits an aggravated misdemeanor. 35 -9- SF 589 (2) 88 as/rh/mb 9/ 17

S.F. 589 Sec. 23. Section 716.10, subsection 2, paragraphs d, e, f, 1 and g, Code 2019, are amended to read as follows: 2 d. A person commits railroad vandalism in the fourth degree 3 if the person intentionally commits railroad vandalism which 4 results in property damage which costs ten thousand dollars 5 or less but more than one thousand five hundred dollars to 6 replace, repair, or restore. Railroad vandalism in the fourth 7 degree is a class “D” felony. 8 e. A person commits railroad vandalism in the fifth degree 9 if the person intentionally commits railroad vandalism which 10 results in property damage which costs more than five seven 11 hundred fifty dollars but does not exceed one thousand five 12 hundred dollars to replace, repair, or restore. Railroad 13 vandalism in the fifth degree is an aggravated misdemeanor. 14 f. A person commits railroad vandalism in the sixth degree 15 if the person intentionally commits railroad vandalism which 16 results in property damage which costs more than one three 17 hundred dollars but does not exceed five seven hundred fifty 18 dollars to replace, repair, or restore. Railroad vandalism in 19 the sixth degree is a serious misdemeanor. 20 g. A person commits railroad vandalism in the seventh 21 degree if the person intentionally commits railroad vandalism 22 which results in property damage which costs one three hundred 23 dollars or less to replace, repair, or restore. Railroad 24 vandalism in the seventh degree is a simple misdemeanor. 25 Sec. 24. Section 716A.2, subsection 2, paragraph b, Code 26 2019, is amended to read as follows: 27 b. The revenue generated from a specific unsolicited bulk 28 electronic mail transmission exceeds one thousand five hundred 29 dollars or the total revenue generated from all unsolicited 30 bulk electronic mail transmitted to any electronic mail service 31 provider by the person exceeds fifty thousand dollars. 32 DIVISION IV 33 FRAUD AND FORGERY REVISIONS 34 Sec. 25. Section 715A.2, subsection 2, paragraph a, Code 35 -10- SF 589 (2) 88 as/rh/mb 10/ 17

S.F. 589 2019, is amended by adding the following new subparagraph: 1 NEW SUBPARAGRAPH . (5) A driver’s license, nonoperator’s 2 identification card, birth certificate, or occupational license 3 or certificate in support of an occupational license issued by 4 a department, agency, board, or commission in this state. 5 Sec. 26. Section 715A.2A, subsection 1, paragraphs a and b, 6 Code 2019, are amended to read as follows: 7 a. Hires a person when the employer or an agent or employee 8 of the employer knows that the document evidencing the person’s 9 authorized stay or employment in the United States is in 10 violation of section 715A.2, subsection 2 , paragraph “a” , 11 subparagraph (4) or (5) , or knows that the person is not 12 authorized to be employed in the United States. 13 b. Continues to employ a person when the employer or an 14 agent or employee of the employer knows that the document 15 evidencing the person’s authorized stay or employment in the 16 United States is in violation of section 715A.2, subsection 2 , 17 paragraph “a” , subparagraph (4) or (5) , or knows that the person 18 is not authorized to be employed in the United States. 19 Sec. 27. Section 802.5, Code 2019, is amended to read as 20 follows: 21 802.5 Extension for fraud, fiduciary breach. 22 1. If the periods prescribed in sections 802.3 and 802.4 23 have expired, prosecution may nevertheless be commenced for any 24 offense a material element of which is either fraud or a breach 25 of fiduciary obligation within one year after discovery of the 26 offense by an aggrieved party or by a person who has a legal 27 duty to represent an aggrieved party and who is not a party to 28 the offense, but in no case shall this provision extend the 29 period of limitation otherwise applicable by more than three 30 five years. 31 2. A prosecution may be commenced under this section as 32 long as the appropriate law enforcement agency has not delayed 33 the investigation in bad faith. This subsection shall not be 34 construed to require a law enforcement agency to pursue an 35 -11- SF 589 (2) 88 as/rh/mb 11/ 17

S.F. 589 unknown offender with due diligence. 1 DIVISION V 2 CRIMINAL PROCEEDINGS 3 Sec. 28. Section 814.6, subsection 1, paragraph a, Code 4 2019, is amended to read as follows: 5 a. A final judgment of sentence, except in case of the 6 following cases: 7 (1) A simple misdemeanor and ordinance violation 8 convictions conviction . 9 (2) An ordinance violation. 10 (3) A conviction where the defendant has pled guilty. This 11 subparagraph does not apply to a guilty plea for a class “A” 12 felony. 13 Sec. 29. Section 814.6, subsection 2, Code 2019, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . f. An order denying a motion in arrest of 16 judgment on grounds other than an ineffective assistance of 17 counsel claim. 18 Sec. 30. NEW SECTION . 814.6A Pro se filings by defendant 19 currently represented by counsel. 20 1. A defendant who is currently represented by counsel shall 21 not file any pro se document, including a brief, reply brief, 22 or motion, in any Iowa court. The court shall not consider, 23 and opposing counsel shall not respond to, such pro se filings. 24 2. This section does not prohibit a defendant from 25 proceeding without the assistance of counsel. 26 3. A defendant currently represented by counsel may file a 27 pro se motion seeking disqualification of the counsel, which a 28 court may grant upon a showing of good cause. 29 Sec. 31. Section 814.7, Code 2019, is amended to read as 30 follows: 31 814.7 Ineffective assistance claim on appeal in a criminal 32 case. 33 1. An ineffective assistance of counsel claim in a 34 criminal case shall be determined by filing an application 35 -12- SF 589 (2) 88 as/rh/mb 12/ 17

S.F. 589 for postconviction relief pursuant to chapter 822 , except as 1 otherwise provided in this section . The claim need not be 2 raised on direct appeal from the criminal proceedings in order 3 to preserve the claim for postconviction relief purposes , 4 and the claim shall not be decided on direct appeal from the 5 criminal proceedings . 6 2. A party may, but is not required to, raise an ineffective 7 assistance claim on direct appeal from the criminal proceedings 8 if the party has reasonable grounds to believe that the record 9 is adequate to address the claim on direct appeal. 10 3. If an ineffective assistance of counsel claim is raised 11 on direct appeal from the criminal proceedings, the court may 12 decide the record is adequate to decide the claim or may choose 13 to preserve the claim for determination under chapter 822 . 14 Sec. 32. NEW SECTION . 814.28 General verdicts. 15 When the prosecution relies on multiple or alternative 16 theories to prove the commission of a public offense, a jury 17 may return a general verdict. If the jury returns a general 18 verdict, an appellate court shall not set aside or reverse such 19 a verdict on the basis of a defective or insufficient theory 20 if one or more of the theories presented and described in the 21 complaint, information, indictment, or jury instruction is 22 sufficient to sustain the verdict on at least one count. 23 Sec. 33. NEW SECTION . 814.29 Guilty pleas —— challenges. 24 If a defendant challenges a guilty plea based on an alleged 25 defect in the plea proceedings, the plea shall not be vacated 26 unless the defendant demonstrates that the defendant more 27 likely than not would not have pled guilty if the defect had 28 not occurred. The burden applies whether the challenge is 29 made through a motion in arrest of judgment or on appeal. Any 30 provision in the Iowa rules of criminal procedure that are 31 inconsistent with this section shall have no legal effect. 32 Sec. 34. Section 822.3, Code 2019, is amended to read as 33 follows: 34 822.3 How to commence proceeding —— limitation. 35 -13- SF 589 (2) 88 as/rh/mb 13/ 17

S.F. 589 A proceeding is commenced by filing an application verified 1 by the applicant with the clerk of the district court in 2 which the conviction or sentence took place. However, if the 3 applicant is seeking relief under section 822.2, subsection 1 , 4 paragraph “f” , the application shall be filed with the clerk 5 of the district court of the county in which the applicant 6 is being confined within ninety days from the date the 7 disciplinary decision is final. All other applications must 8 be filed within three years from the date the conviction or 9 decision is final or, in the event of an appeal, from the date 10 the writ of procedendo is issued. However, this limitation 11 does not apply to a ground of fact or law that could not have 12 been raised within the applicable time period. An allegation 13 of ineffective assistance of counsel in a prior case under this 14 chapter shall not toll or extend the limitation periods in this 15 section nor shall such claim relate back to a prior filing to 16 avoid the application of the limitation periods. Facts within 17 the personal knowledge of the applicant and the authenticity 18 of all documents and exhibits included in or attached to the 19 application must be sworn to affirmatively as true and correct. 20 The supreme court may prescribe the form of the application and 21 verification. The clerk shall docket the application upon its 22 receipt and promptly bring it to the attention of the court and 23 deliver a copy to the county attorney and the attorney general. 24 Sec. 35. NEW SECTION . 822.3B Pro se filings by applicants 25 currently represented by counsel. 26 1. An applicant seeking relief under section 822.2 who is 27 currently represented by counsel shall not file any pro se 28 document, including an application, brief, reply brief, or 29 motion, in any Iowa court. The court shall not consider, and 30 opposing counsel shall not respond to, such pro se filings. 31 2. This section does not prohibit an applicant for 32 postconviction relief from proceeding without the assistance 33 of counsel. 34 3. A represented applicant for postconviction relief may 35 -14- SF 589 (2) 88 as/rh/mb 14/ 17

S.F. 589 file a pro se motion seeking disqualification of counsel, which 1 a court may grant upon a showing of good cause. 2 Sec. 36. Section 822.6, subsection 1, Code 2019, is amended 3 to read as follows: 4 1. Within thirty days after the docketing of the 5 application, or within any further time the court may fix, 6 the state shall respond by answer or by motion which may 7 be supported by affidavits. At any time prior to entry of 8 judgment the court may grant leave to withdraw the application. 9 The court may make appropriate orders for amendment of the 10 application or any pleading or motion, for pleading over, for 11 filing further pleadings or motions, or for extending the time 12 of the filing of any pleading. In considering the application 13 the court shall take account of substance regardless of defects 14 of form. If the application is not accompanied by the record 15 of the proceedings challenged therein, the respondent shall 16 file with its answer the record or portions thereof that are 17 material to the questions raised in the application. 18 Sec. 37. NEW SECTION . 901.4B Presentence determinations 19 and statements. 20 1. Before imposing sentence, the court shall do all of the 21 following: 22 a. Verify that the defendant and the defendant’s attorney 23 have read and discussed the presentence investigation report 24 and any addendum to the report. 25 b. Provide the defendant’s attorney an opportunity to speak 26 on the defendant’s behalf. 27 c. Address the defendant personally in order to permit the 28 defendant to make a statement or present any information to 29 mitigate the defendant’s sentence. 30 d. Provide the prosecuting attorney an opportunity to speak. 31 2. After hearing any statements presented pursuant 32 to subsection 1, and before imposing sentence, the court 33 shall address any victim of the crime who is present at the 34 sentencing and shall allow any victim to be reasonably heard, 35 -15- SF 589 (2) 88 as/rh/mb 15/ 17

S.F. 589 including, but not limited to, by presenting a victim impact 1 statement in the manner described in section 915.21. 2 3. For purposes of this section “victim” means the same as 3 defined in section 915.10. 4 DIVISION VI 5 ARSON 6 Sec. 38. Section 901.11, Code 2019, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4. At the time of sentencing, the court 9 shall determine when a person convicted of arson in the first 10 degree as described in section 902.12, subsection 4, shall 11 first become eligible for parole or work release within the 12 parameters specified in section 902.12, subsection 3, based 13 upon all pertinent information including the person’s criminal 14 record, a validated risk assessment, and the negative impact 15 the offense has had on the victim or other persons. 16 Sec. 39. Section 902.12, Code 2019, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4. A person serving a sentence for a 19 conviction for arson in the first degree in violation of 20 section 712.2 that occurs on or after July 1, 2019, shall 21 be denied parole or work release until the person has served 22 between one-half and seven-tenths of the maximum term of 23 the person’s sentence as determined under section 901.11, 24 subsection 4. 25 DIVISION VII 26 LIMITATION OF CRIMINAL ACTIONS 27 Sec. 40. Section 802.2, subsection 1, Code 2019, is amended 28 to read as follows: 29 1. An information or indictment for sexual abuse in the 30 first, second, or third degree committed on or with a person 31 who is under the age of eighteen years shall be found within 32 ten fifteen years after the person upon whom the offense is 33 committed attains eighteen years of age, or if the person 34 against whom the information or indictment is sought is 35 -16- SF 589 (2) 88 as/rh/mb 16/ 17

S.F. 589 identified through the use of a DNA profile, an information or 1 indictment shall be found within three years from the date the 2 person is identified by the person’s DNA profile, whichever is 3 later. 4 Sec. 41. Section 802.2A, Code 2019, is amended to read as 5 follows: 6 802.2A Incest —— sexual exploitation by a counselor, 7 therapist, or school employee. 8 1. An information or indictment for incest under section 9 726.2 committed on or with a person who is under the age of 10 eighteen shall be found within ten fifteen years after the 11 person upon whom the offense is committed attains eighteen 12 years of age. An information or indictment for any other 13 incest shall be found within ten years after its commission. 14 2. An indictment or information for sexual exploitation by 15 a counselor, therapist, or school employee under section 709.15 16 committed on or with a person who is under the age of eighteen 17 shall be found within ten fifteen years after the person upon 18 whom the offense is committed attains eighteen years of age. 19 An information or indictment for any other sexual exploitation 20 shall be found within ten years of the date the victim was last 21 treated by the counselor or therapist, or within ten years of 22 the date the victim was enrolled in or attended the school. 23 -17- SF 589 (2) 88 as/rh/mb 17/ 17