Senate File 315 - IntroducedA Bill ForAn Act 1establishing the criminal offense of unlawful presence
2in the state, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  733.1  Unlawful presence in the
2state — penalty.
   3If a person who has been charged in this state with a serious
4misdemeanor or an aggravated misdemeanor is subsequently
5determined to be a nonresident alien, as defined in section
69I.1, the person shall be charged with the additional offense
7of unlawful presence in the state, a class “D” felony.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
   11This bill establishes the criminal offense of unlawful
12presence in the state, and provides penalties.
   13The bill provides that if a person who has been charged
14in this state with a serious misdemeanor or an aggravated
15misdemeanor is subsequently determined to be a nonresident
16alien, as defined in Code section 9I.1, the person shall be
17charged with the additional offense of unlawful presence in the
18state, a class “D” felony.
   19A class “D” felony is punishable by confinement for no more
20than five years and a fine of at least $750 but not more than
21$7,500.
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