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Senate File 405 - IntroducedA Bill ForAn Act 1relating to criminal law and procedure including certain
2related administrative proceedings, providing penalties, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ExpungementS
3 Section 1. Section 123.46, subsection 6, Code 2019, is
4amended to read as follows:
56. Upon the expiration of two years following conviction
6for a violation of this section and a violation or of a
7similar local ordinance that arose from the same transaction
8or occurrence, a person may petition the court to expunge the
9conviction including the conviction for a violation of a local
10ordinance that arose from the same transaction or occurrence,
11and if the person has had no other criminal convictions, other
12than local traffic violations or simple misdemeanor violations
13of chapter 321 during the two-year period, the conviction and
14the conviction for a violation of a local ordinance that arose
15from the same transaction or occurrence shall be expunged as
16a matter of law. The court shall enter an order that the
17record of the conviction and the conviction for a violation
18of a local ordinance that arose from the same transaction or
19occurrence be expunged by the clerk of the district court.
20Notwithstanding section 692.2, after receipt of notice from the
21clerk of the district court that a record of conviction and
22the conviction for a violation of a local ordinance that arose
23from the same transaction or occurrence has been expunged,
24the record of conviction and the conviction for a violation
25of a local ordinance that arose from the same transaction or
26occurrence shall be removed from the criminal history data
27files maintained by the department of public safety if such a
28record was maintained in the criminal history data files.
29 Sec. 2. NEW SECTION. 901C.3 Misdemeanor — expungement.
301. Upon application of a defendant convicted of a
31misdemeanor offense in the county where the conviction
32occurred, the court shall enter an order expunging the record
33of such a criminal case, as a matter of law, if the defendant
34has established that more than eight years have passed since
35the date of the conviction, the defendant has no pending
-1-1criminal charges, and all court costs, fees, fines, and
2restitution and other financial obligations ordered by the
3court or assessed by the clerk of the district court have been
4paid.
52. The following misdemeanors shall not be expunged:
6a. A conviction under section 123.46.
7b. A simple misdemeanor conviction under section 123.47,
8subsection 3, or similar local ordinance.
9c. A conviction for dependent adult abuse under section
10235B.20.
11d. A conviction under section 321.218, 321A.32, or 321J.21.
12e. A conviction under section 321J.2.
13f. A conviction for a sex offense as defined in section
14692A.101.
15g. A conviction for involuntary manslaughter under section
16707.5.
17h. A conviction for assault under section 708.2, subsection
183.
19i. A conviction under section 708.2A.
20j. A conviction for harassment under section 708.7.
21k. A conviction for stalking under section 708.11.
22l. A conviction for removal of an officer’s communication or
23control device under section 708.12.
24m. A conviction for trespass under section 716.8, subsection
253 or 4.
26n. A conviction under chapter 717C.
27o. A conviction under chapter 719.
28p. A conviction under chapter 720.
29q. A conviction under section 721.2.
30r. A conviction under section 721.10.
31s. A conviction under section 723.1.
32t. A conviction under chapter 724.
33u. A conviction under chapter 726.
34v. A conviction under chapter 728.
35w. A conviction under chapter 901A.
-2- 1x. A conviction for a comparable offense listed in 49 C.F.R.
2§383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4).
3y. A conviction under prior law of an offense comparable to
4an offense enumerated in this subsection.
5z. The defendant is the subject of a protective order or a
6no-contact order.
7aa. The defendant has been subsequently convicted of or
8granted a deferred judgment for any criminal offense, other
9than a simple misdemeanor conviction under chapter 321 or of a
10similar local ordinance.
11ab. The defendant has previously been granted two deferred
12judgments.
133. A person shall be granted an expungement of a record
14under this section one time in the person’s lifetime.
15However, the one application may request the expungement of
16records relating to more than one misdemeanor offense if
17the misdemeanor offenses arose from the same transaction or
18occurrence, and the application contains the misdemeanor
19offenses to be expunged.
204. The expunged record under this section is a confidential
21record exempt from public access under section 22.7 but shall
22be made available by the clerk of the district court upon court
23order.
245. Notwithstanding section 692.2, after receipt of
25notice from the clerk of the district court that a record of
26conviction has been expunged under subsection 1, the record
27of conviction shall be removed from the criminal history data
28files maintained by the department of public safety if such a
29record was maintained in the criminal history data files.
306. The supreme court may prescribe rules governing the
31procedures applicable to the expungement of a criminal case
32under this section.
337. This section applies to a misdemeanor conviction that
34occurred prior to, on, or after July 1, 2019.
35DIVISION II
-3-1ROBBERY
2 Sec. 3. Section 711.3, Code 2019, is amended to read as
3follows:
4711.3 Robbery in the second degree.
5All robbery which is not robbery in the first degree is
6robbery in the second degree, except as provided in section
7711.3A. Robbery in the second degree is a class “C” felony.
8 Sec. 4. Section 901.11, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 2A. At the time of sentencing, the court
11shall determine when a person convicted of robbery in the first
12degree as described in section 902.12, subsection 2A, shall
13first become eligible for parole or work release within the
14parameters specified in section 902.12, subsection 2A, based
15upon all pertinent information including the person’s criminal
16record, a validated risk assessment, and the negative impact
17the offense has had on the victim or other persons.
18 Sec. 5. Section 902.12, subsection 1, paragraph e, Code
192019, is amended to read as follows:
20e. Robbery in the first or second degree in violation of
21section 711.2 or 711.3, except as determined in subsection 3.
22 Sec. 6. Section 902.12, Code 2019, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 2A. A person serving a sentence for a
25conviction for robbery in the first degree in violation of
26section 711.2 for a conviction that occurs on or after July 1,
272018, shall be denied parole or work release until the person
28has served between one-half and seven-tenths of the maximum
29term of the person’s sentence as determined under section
30901.11, subsection 2A.
31 Sec. 7. REPEAL. Section 711.3A, Code 2019, is repealed.
32DIVISION III
33PROPERTY CRIMES — VALUE
34 Sec. 8. Section 712.3, Code 2019, is amended to read as
35follows:
-4- 1712.3 Arson in the second degree.
2Arson which is not arson in the first degree is arson in the
3second degree when the property which is the subject of the
4arson is a building or a structure, or real property of any
5kind, or standing crops, or is personal property the value of
6which exceeds five seven hundred fifty dollars. Arson in the
7second degree is a class “C” felony.
8 Sec. 9. Section 714.2, Code 2019, is amended to read as
9follows:
10714.2 Degrees of theft.
111. The theft of property exceeding ten thousand dollars in
12value, or the theft of property from the person of another, or
13from a building which has been destroyed or left unoccupied
14because of physical disaster, riot, bombing, or the proximity
15of battle, or the theft of property which has been removed from
16a building because of a physical disaster, riot, bombing, or
17the proximity of battle, is theft in the first degree. Theft
18in the first degree is a class “C” felony.
192. The theft of property exceeding one thousand five
20hundred dollars but not exceeding ten thousand dollars in value
21or theft of a motor vehicle as defined in chapter 321 not
22exceeding ten thousand dollars in value, is theft in the second
23degree. Theft in the second degree is a class “D” felony.
24However, for purposes of this subsection, “motor vehicle” does
25not include a motorized bicycle as defined in section 321.1,
26subsection 40, paragraph “b”.
273. The theft of property exceeding five seven hundred fifty
28 dollars but not exceeding one thousand five hundred dollars in
29value, or the theft of any property not exceeding five hundred
30dollars in value by one who has before been twice convicted of
31theft, is theft in the third degree. Theft in the third degree
32is an aggravated misdemeanor.
334. The theft of property exceeding two three hundred dollars
34in value but not exceeding five seven hundred fifty dollars
35in value is theft in the fourth degree. Theft in the fourth
-5-1degree is a serious misdemeanor.
25. The theft of property not exceeding two three hundred
3dollars in value is theft in the fifth degree. Theft in the
4fifth degree is a simple misdemeanor.
5 Sec. 10. Section 714.3A, subsection 1, Code 2019, is amended
6to read as follows:
71. A person commits aggravated theft when the person commits
8an assault as defined in section 708.1, subsection 2, paragraph
9“a”, that is punishable as a simple misdemeanor under section
10708.2, subsection 6, after the person has removed or attempted
11to remove property not exceeding two three hundred dollars in
12value which has not been purchased from a store or mercantile
13establishment, or has concealed such property of the store or
14mercantile establishment, either on the premises or outside the
15premises of the store or mercantile establishment.
16 Sec. 11. Section 714.7B, subsection 6, paragraphs a and b,
17Code 2019, are amended to read as follows:
18a. A simple misdemeanor if the value of the goods, wares, or
19merchandise does not exceed two three hundred dollars.
20b. A serious misdemeanor if the value of the goods, wares,
21or merchandise exceeds two three hundred dollars.
22 Sec. 12. Section 714.10, subsection 1, Code 2019, is amended
23to read as follows:
241. Fraudulent practice in the second degree is the
25following:
26a. A fraudulent practice where the amount of money or value
27of property or services involved exceeds one thousand five
28hundred dollars but does not exceed ten thousand dollars.
29b. A fraudulent practice where the amount of money or
30value of property or services involved does not exceed one
31thousand five hundred dollars by one who has been convicted of
32a fraudulent practice twice before.
33 Sec. 13. Section 714.11, subsection 1, paragraph a, Code
342019, is amended to read as follows:
35a. A fraudulent practice where the amount of money or value
-6-1of property or services involved exceeds five seven hundred
2fifty dollars but does not exceed one thousand five hundred
3 dollars.
4 Sec. 14. Section 714.12, Code 2019, is amended to read as
5follows:
6714.12 Fraudulent practice in the fourth degree.
71. Fraudulent practice in the fourth degree is a fraudulent
8practice where the amount of money or value of property or
9services involved exceeds two three hundred dollars but does
10not exceed five seven hundred fifty dollars.
112. Fraudulent practice in the fourth degree is a serious
12misdemeanor.
13 Sec. 15. Section 714.13, Code 2019, is amended to read as
14follows:
15714.13 Fraudulent practice in the fifth degree.
161. Fraudulent practice in the fifth degree is a fraudulent
17practice where the amount of money or value of property or
18services involved does not exceed two three hundred dollars.
192. Fraudulent practice in the fifth degree is a simple
20misdemeanor.
21 Sec. 16. Section 715A.6, subsection 2, paragraphs b and c,
22Code 2019, are amended to read as follows:
23b. If the value of the property or services secured or
24sought to be secured by means of the credit card is greater
25than one thousand five hundred dollars but not more than ten
26thousand dollars, an offense under this section is a class “D”
27felony.
28c. If the value of the property or services secured
29or sought to be secured by means of the credit card is one
30thousand five hundred dollars or less, an offense under this
31section is an aggravated misdemeanor.
32 Sec. 17. Section 715A.8, subsection 3, paragraphs b and c,
33Code 2019, are amended to read as follows:
34b. If the value of the credit, property, services, or other
35benefit exceeds one thousand five hundred dollars but does not
-7-1exceed ten thousand dollars, the person commits a class “D”
2felony.
3c. If the value of the credit, property, services, or other
4benefit does not exceed one thousand five hundred dollars, the
5person commits an aggravated misdemeanor.
6 Sec. 18. Section 716.4, subsection 1, Code 2019, is amended
7to read as follows:
81. Criminal mischief is criminal mischief in the second
9degree if the cost of replacing, repairing, or restoring the
10property that is damaged, defaced, altered, or destroyed
11exceeds one thousand five hundred dollars but does not exceed
12ten thousand dollars.
13 Sec. 19. Section 716.5, subsection 1, paragraph a, Code
142019, is amended to read as follows:
15a. The cost of replacing, repairing, or restoring the
16property that is damaged, defaced, altered, or destroyed
17exceeds five seven hundred fifty dollars, but does not exceed
18one thousand five hundred dollars.
19 Sec. 20. Section 716.6, subsection 1, paragraph a,
20subparagraph (1), Code 2019, is amended to read as follows:
21(1) The cost of replacing, repairing, or restoring the
22property that is damaged, defaced, altered, or destroyed
23exceeds two three hundred dollars, but does not exceed five
24 seven hundred fifty dollars.
25 Sec. 21. Section 716.8, subsections 2 and 4, Code 2019, are
26amended to read as follows:
272. Any person committing a trespass as defined in section
28716.7, other than a trespass as defined in section 716.7,
29subsection 2, paragraph “a”, subparagraph (6), which results in
30injury to any person or damage in an amount more than two three
31 hundred dollars to anything, animate or inanimate, located
32thereon or therein commits a serious misdemeanor.
334. A person committing a trespass as defined in section
34716.7 with the intent to commit a hate crime which results in
35injury to any person or damage in an amount more than two three
-8-1 hundred dollars to anything, animate or inanimate, located
2thereon or therein commits an aggravated misdemeanor.
3 Sec. 22. Section 716.10, subsection 2, paragraphs d, e, f,
4and g, Code 2019, are amended to read as follows:
5d. A person commits railroad vandalism in the fourth degree
6if the person intentionally commits railroad vandalism which
7results in property damage which costs ten thousand dollars
8or less but more than one thousand five hundred dollars to
9replace, repair, or restore. Railroad vandalism in the fourth
10degree is a class “D” felony.
11e. A person commits railroad vandalism in the fifth degree
12if the person intentionally commits railroad vandalism which
13results in property damage which costs more than five seven
14 hundred fifty dollars but does not exceed one thousand five
15hundred dollars to replace, repair, or restore. Railroad
16vandalism in the fifth degree is an aggravated misdemeanor.
17f. A person commits railroad vandalism in the sixth degree
18if the person intentionally commits railroad vandalism which
19results in property damage which costs more than one three
20 hundred dollars but does not exceed five seven hundred fifty
21 dollars to replace, repair, or restore. Railroad vandalism in
22the sixth degree is a serious misdemeanor.
23g. A person commits railroad vandalism in the seventh
24degree if the person intentionally commits railroad vandalism
25which results in property damage which costs one three hundred
26dollars or less to replace, repair, or restore. Railroad
27vandalism in the seventh degree is a simple misdemeanor.
28 Sec. 23. Section 716A.2, subsection 2, paragraph b, Code
292019, is amended to read as follows:
30b. The revenue generated from a specific unsolicited bulk
31electronic mail transmission exceeds one thousand five hundred
32 dollars or the total revenue generated from all unsolicited
33bulk electronic mail transmitted to any electronic mail service
34provider by the person exceeds fifty thousand dollars.
35DIVISION IV
-9-1theft, fraud, and forgery revisionS
2 Sec. 24. NEW SECTION. 714.2A Consolidation of theft
3offenses.
4For purposes of charging a person with theft, any conduct
5specified as theft in section 714.1, subsections 1 through 10,
6constitutes a single offense of theft embracing the separated
7offenses of theft known as taking, misappropriation, theft by
8deception, possession or receipt of stolen property, fraudulent
9conversion, check fraud, theft from a public utility, unlawful
10access to a computer, theft of video rental property, and other
11similar offenses related to theft. An accusation of theft may
12be supported by evidence that it was committed in any manner
13that would be theft under sections 714.1, subsections 1 through
1410, notwithstanding the specification of a different manner
15in the complaint, indictment, or information, subject only
16to the power of the court to ensure a fair trial by granting
17a continuance or other appropriate relief where the conduct
18of the defense would be prejudiced by lack of fair notice or
19surprise.
20 Sec. 25. Section 715A.2, subsection 2, paragraph a, Code
212019, is amended by adding the following new subparagraph:
22 NEW SUBPARAGRAPH. (5) A driver’s license, nonoperator’s
23identification card, birth certificate, or occupational license
24or certificate in support of an occupational license issued by
25a department, agency, board, or commission in this state.
26 Sec. 26. Section 715A.2A, subsection 1, paragraphs a and b,
27Code 2019, are amended to read as follows:
28a. Hires a person when the employer or an agent or employee
29of the employer knows that the document evidencing the person’s
30authorized stay or employment in the United States is in
31violation of section 715A.2, subsection 2, paragraph “a”,
32subparagraph (4) or (5), or knows that the person is not
33authorized to be employed in the United States.
34b. Continues to employ a person when the employer or an
35agent or employee of the employer knows that the document
-10-1evidencing the person’s authorized stay or employment in the
2United States is in violation of section 715A.2, subsection 2,
3paragraph “a”, subparagraph (4) or (5), or knows that the person
4is not authorized to be employed in the United States.
5 Sec. 27. Section 802.5, Code 2019, is amended to read as
6follows:
7802.5 Extension for fraud, fiduciary breach.
81. If the periods prescribed in sections 802.3 and 802.4
9have expired, prosecution may nevertheless be commenced for any
10offense a material element of which is either fraud or a breach
11of fiduciary obligation within one year after discovery of the
12offense by an aggrieved party or by a person who has a legal
13duty to represent an aggrieved party and who is not a party to
14the offense, but in no case shall this provision extend the
15period of limitation otherwise applicable by more than three
16 five years.
172. A prosecution may be commenced under this section as
18long as the appropriate law enforcement agency has not delayed
19the investigation in bad faith. This subsection shall not be
20construed to require a law enforcement agency to pursue an
21unknown offender with due diligence.
22DIVISION V
23criminal proceedings
24 Sec. 28. Section 814.6, subsection 1, paragraph a, Code
252019, is amended to read as follows:
26a. A final judgment of sentence, except in case of the
27following cases:
28(1) Asimple misdemeanor and ordinance violation
29convictions conviction.
30(2) An ordinance violation.
31(3) A conviction where the defendant has pled guilty. This
32subparagraph does not apply to a guilty plea for a class “A”
33felony.
34 Sec. 29. Section 814.6, subsection 2, Code 2019, is amended
35by adding the following new paragraph:
-11-1 NEW PARAGRAPH. f. An order denying a motion in arrest of
2judgment on grounds other than an ineffective assistance of
3counsel claim.
4 Sec. 30. NEW SECTION. 814.6A Pro se filings by defendant
5currently represented by counsel.
61. A defendant who is currently represented by counsel shall
7not file any pro se document, including a brief, reply brief,
8or motion, in any Iowa appellate court. The appellate court
9shall not consider, and opposing counsel shall not respond to,
10such pro se filings.
112. This section does not prohibit a defendant from
12proceeding without the assistance of counsel.
133. A defendant currently represented by counsel may file a
14pro se motion seeking disqualification of the counsel, which a
15court may grant upon a showing of good cause.
16 Sec. 31. Section 814.7, Code 2019, is amended to read as
17follows:
18814.7 Ineffective assistance claim on appeal in a criminal
19case.
201. An ineffective assistance of counsel claim in a
21criminal case shall be determined by filing an application
22for postconviction relief pursuant to chapter 822, except as
23otherwise provided in this section. The claim need not be
24raised on direct appeal from the criminal proceedings in order
25to preserve the claim for postconviction relief purposes,
26and the claim shall not be decided on direct appeal from the
27criminal proceedings.
282. A party may, but is not required to, raise an ineffective
29assistance claim on direct appeal from the criminal proceedings
30if the party has reasonable grounds to believe that the record
31is adequate to address the claim on direct appeal.
323. If an ineffective assistance of counsel claim is raised
33on direct appeal from the criminal proceedings, the court may
34decide the record is adequate to decide the claim or may choose
35to preserve the claim for determination under chapter 822.
-12-1 Sec. 32. NEW SECTION. 814.28 General verdicts.
2When the prosecution relies on multiple or alternative
3theories to prove the commission of a public offense, a jury
4may return a general verdict. If the jury returns a general
5verdict, an appellate court shall not set aside or reverse such
6a verdict on the basis of a defective or insufficient theory
7if one or more of the theories presented and described in the
8complaint, information, indictment, or jury instruction is
9sufficient to sustain the verdict on at least one count.
10 Sec. 33. NEW SECTION. 814.29 Guilty pleas — challenges.
11If a defendant challenges a guilty plea based on an alleged
12defect in the plea proceedings, the plea shall not be vacated
13unless the defendant demonstrates that the defendant more
14likely than not would not have pled guilty if the defect had
15not occurred. The burden applies whether the challenge is
16made through a motion in arrest of judgment or on appeal. Any
17provision in the Iowa rules of criminal procedure that are
18inconsistent with this section shall have no legal effect.
19 Sec. 34. NEW SECTION. 822.3A Claim of ineffective
20assistance of counsel.
21An ineffective assistance of counsel claim contained in an
22application is not a ground of fact or law that could not have
23been raised within the applicable time period for purposes of
24section 822.3.
25 Sec. 35. NEW SECTION. 822.3B Pro se filings by applicants
26currently represented by counsel.
271. An applicant seeking relief under section 822.2 who is
28currently represented by counsel shall not file any pro se
29document, including an application, brief, reply brief, or
30motion, in any Iowa district or appellate court. The district
31or appellate court shall not consider, and opposing counsel
32shall not respond to, such pro se filings.
332. This section does not prohibit an applicant for
34postconviction relief from proceeding without the assistance
35of counsel.
-13- 13. A represented applicant for postconviction relief may
2file a pro se motion seeking disqualification of counsel, which
3a court may grant upon a showing of good cause.
4 Sec. 36. Section 822.6, subsection 1, Code 2019, is amended
5to read as follows:
61. Within thirty days after the docketing of the
7application, or within any further time the court may fix,
8the state shall respond by answer or by motion which may
9be supported by affidavits. At any time prior to entry of
10judgment the court may grant leave to withdraw the application.
11The court may make appropriate orders for amendment of the
12application or any pleading or motion, for pleading over, for
13filing further pleadings or motions, or for extending the time
14of the filing of any pleading. In considering the application
15the court shall take account of substance regardless of defects
16of form. If the application is not accompanied by the record
17of the proceedings challenged therein, the respondent shall
18file with its answer the record or portions thereof that are
19material to the questions raised in the application.
20 Sec. 37. NEW SECTION. 901.4B Presentence determinations
21and statements.
221. Before imposing sentence, the court shall do all of the
23following:
24a. Verify that the defendant and the defendant’s attorney
25have read and discussed the presentence investigation report
26and any addendum to the report.
27b. Provide the defendant’s attorney an opportunity to speak
28on the defendant’s behalf.
29c. Address the defendant personally in order to permit the
30defendant to make a statement or present any information to
31mitigate the defendant’s sentence.
32d. Provide the prosecuting attorney an opportunity to speak.
332. After hearing any statements presented pursuant
34to subsection 1, and before imposing sentence, the court
35shall address any victim of the crime who is present at the
-14-1sentencing and shall allow any victim to be reasonably heard,
2including, but not limited to, by presenting a victim impact
3statement in the manner described in section 915.21.
43. For purposes of this section “victim” means the same as
5defined in section 915.10.
6DIVISION VI
7ARSON
8 Sec. 38. Section 901.11, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4. At the time of sentencing, the court
11shall determine when a person convicted of arson in the first
12degree as described in section 902.12, subsection 4, shall
13first become eligible for parole or work release within the
14parameters specified in section 902.12, subsection 3, based
15upon all pertinent information including the person’s criminal
16record, a validated risk assessment, and the negative impact
17the offense has had on the victim or other persons.
18 Sec. 39. Section 902.12, Code 2019, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 4. A person serving a sentence for a
21conviction for arson in the first degree in violation of
22section 712.2 that occurs on or after July 1, 2019, shall
23be denied parole or work release until the person has served
24between one-half and seven-tenths of the maximum term of
25the person’s sentence as determined under section 901.11,
26subsection 4.
27DIVISION VII
28LIMITATION OF CRIMINAL ACTIONS
29 Sec. 40. Section 802.2, subsection 1, Code 2019, is amended
30to read as follows:
311. An information or indictment for sexual abuse in the
32first, second, or third degree committed on or with a person
33who is under the age of eighteen years shall be found within
34ten fifteen years after the person upon whom the offense is
35committed attains eighteen years of age, or if the person
-15-1against whom the information or indictment is sought is
2identified through the use of a DNA profile, an information or
3indictment shall be found within three years from the date the
4person is identified by the person’s DNA profile, whichever is
5later.
6 Sec. 41. Section 802.2A, Code 2019, is amended to read as
7follows:
8802.2A Incest — sexual exploitation by a counselor,
9therapist, or school employee.
101. An information or indictment for incest under section
11726.2 committed on or with a person who is under the age of
12eighteen shall be found within ten fifteen years after the
13person upon whom the offense is committed attains eighteen
14years of age. An information or indictment for any other
15incest shall be found within ten years after its commission.
162. An indictment or information for sexual exploitation by
17a counselor, therapist, or school employee under section 709.15
18committed on or with a person who is under the age of eighteen
19shall be found within ten fifteen years after the person upon
20whom the offense is committed attains eighteen years of age.
21An information or indictment for any other sexual exploitation
22shall be found within ten years of the date the victim was last
23treated by the counselor or therapist, or within ten years of
24the date the victim was enrolled in or attended the school.
25DIVISION VIII
26STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND
27INVESTIGATIONS
28 Sec. 42. Section 331.802, subsection 5, Code 2019, is
29amended by adding the following new paragraphs:
30 NEW PARAGRAPH. c. In formulating findings and conclusions
31regarding the cause and manner of death, the state medical
32examiner or county medical examiner shall be allowed to rely
33upon and include in the report referred to in subsection 2,
34paragraph “a”, any information provided by an attorney, law
35enforcement agency, witness, or any person with relevant
-16-1information to the medical examiner conducting the autopsy.
2 NEW PARAGRAPH. d. The state medical examiner or county
3medical examiner may rely upon and consider statements by
4witnesses or other persons for purposes of developing a
5clinical history of the decedent that preceded death when
6formulating findings and conclusions on the cause and cause
7or manner of death. A court shall not exclude a medical
8examiner’s opinion as to the cause of death on the basis that
9the medical examiner relied on out-of-court statements in
10forming that opinion, and such an opinion shall not constitute
11reversible error.
12 Sec. 43. Section 331.802, subsection 6, Code 2019, is
13amended to read as follows:
146. a. The report of an investigation made by the state
15medical examiner or a county medical examiner and the record
16and report of an autopsy made under this section or chapter
17691, shall be received as evidence in any court or other
18proceedings, except that statements by witnesses or other
19persons and conclusions on extraneous matters included in
20the report are not admissible including any findings of the
21state medical examiner or county medical examiner and any
22information provided by an attorney, investigative agency,
23or witness, and any report deemed necessary by the medical
24examiner to accurately certify the cause and manner of death
25which are included in the report of the medical examiner if the
26information is admissible under the Iowa rules of evidence or
27have otherwise been substantially admitted into evidence. The
28person preparing a report or record given in evidence may be
29subpoenaed as a witness in any civil or criminal case by any
30party to the cause. A copy of a record, photograph, laboratory
31finding, or record in the office of the state medical examiner
32or any medical examiner, when attested to by the state medical
33examiner or a staff member or the medical examiner in whose
34office the record, photograph, or finding is filed, shall be
35received as evidence in any court or other proceedings for any
-17-1purpose for which the original could be received without proof
2of the official character of the person whose name is signed
3to it.
4b. In conducting an investigation or autopsy under this
5part, including but not limited to developing a clinical
6history of the decedent and formulating findings and
7conclusions or forming opinions as to the cause and manner of
8death, the state medical examiner or county medical examiner
9may use any information provided or available for review,
10including but not limited to information or statements by a
11witness, a suspect, or any other person with information which
12is provided by or obtained in the course of a law enforcement
13investigation. Such information or statements which the
14medical examiner has used in making the findings, conclusions,
15and opinions may also be included in the report of the medical
16examiner. A court shall not exclude the medical examiner’s
17report or opinion as to the cause or manner of death on the
18basis that the medical examiner relied on information from
19other persons or from a law enforcement agency in forming that
20report or opinion. Admission of such a report or opinion shall
21not constitute reversible error.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to criminal law and procedure including
26certain related administrative proceedings, provides penalties,
27and includes effective date provisions.
28DIVISION I — EXPUNGEMENTS. This division relates to the
29expungement of records of certain misdemeanor offenses.
30The division strikes a provision in Code section 123.46
31relating to the expungement of a conviction for public
32intoxication allowing for the expungement of a local ordinance
33violation that arose out of the same transaction or occurrence
34of a conviction under Code section 123.46.
35The division provides that upon the application of a
-18-1defendant convicted of a misdemeanor in the county where the
2defendant’s conviction occurred, the court shall enter an order
3expunging the record of such criminal case, as a matter of law,
4if the defendant has established that more than eight years
5have passed since the date of the conviction, the defendant has
6no pending criminal charges, and all court costs, fees, fines,
7and restitution and other financial obligations ordered by the
8court or assessed by the clerk of the district court have been
9paid.
10The division provides that the following misdemeanors
11shall not be expunged: simple misdemeanor convictions under
12Code sections 123.46 (consumption or intoxication in public
13places) and 123.47(3) (alcohol consumption by persons under
14legal age) or similar local ordinances, because expungement
15procedures already exist for both offenses; convictions for
16dependent adult abuse under Code section 235B.20; convictions
17for operating a motor vehicle with an invalid driver’s license
18under Code section 321.218, 321A.32, or 321J.21; convictions
19for operating while intoxicated under Code section 321J.2;
20convictions for sex offenses as defined in Code section
21692A.101; a conviction for involuntary manslaughter under Code
22section 707.5; a conviction for assault involving a dangerous
23weapon under Code section 708.2(3); convictions for domestic
24abuse assault under Code section 708.2A; convictions for
25harassment under Code section 708.7; a conviction for stalking
26under Code section 708.11; convictions for removal of an
27officer’s communication or control device under Code section
28708.12; convictions for trespass under Code section 716.8(3)
29or (4); convictions for bestiality under Code section 717C.1;
30convictions under Code chapter 719 (obstructing justice);
31convictions under Code chapter 720 (interference with judicial
32process); convictions under Code section 721.2 (nonfelonious
33conduct in office); convictions under Code section 721.10
34(misuse of public records and files); convictions under Code
35section 723.1 (riot); convictions under Code chapter 724
-19-1(weapons); convictions under Code chapter 726 (protections
2of the family and dependent persons); convictions under Code
3chapter 728 (obscenity); convictions under Code chapter 901A
4(sexually predatory offenses); a conviction for a comparable
5offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R.
6§383.51(e) (table 4) (commercial driver’s licenses); and any
7conviction under prior law of an offense comparable to an
8offense enumerated in the bill. In addition, the bill does not
9apply to a defendant who is the subject of a protective order
10or a no-contact order; a defendant who has been subsequently
11convicted of or granted a deferred judgment for any criminal
12offense, other than a simple misdemeanor conviction under Code
13chapter 321 or of a similar local ordinance; or a defendant who
14has previously been granted two deferred judgments.
15The division prohibits a person from applying more than
16once for an expungement of the person’s record. A person
17shall be granted an expungement of a record only one time
18in the person’s lifetime. However, the one application may
19request the expungement of records relating to more than one
20misdemeanor offense if the misdemeanor offenses arose from the
21same transaction or occurrence, and the application contains
22the misdemeanor offenses to be expunged.
23The division provides that the expunged record under the
24bill is a confidential record exempt from public access under
25Code section 22.7 but shall be made available by the clerk of
26the district court upon court order.
27The division also provides that after receipt of notice from
28the clerk of the district court that a record of conviction has
29been expunged, the record of conviction shall be removed from
30the criminal history data files maintained by the department of
31public safety if such a record was maintained in the criminal
32history data files.
33The division provides that the supreme court may prescribe
34rules governing expungement procedures applicable to criminal
35cases pursuant to the division.
-20- 1The division applies to misdemeanor convictions that occur
2prior to, on, or after July 1, 2019.
3DIVISION II — ROBBERY. This division provides that a
4person serving a sentence for a conviction for robbery in the
5first degree for a conviction that occurs on or after July
61, 2018, shall serve between 50 and 70 percent of a 25-year
7class “B” felony sentence prior to being eligible for parole
8or work release. In determining when the person is first
9eligible for parole or work release within such parameters,
10the sentencing court shall base its determination upon all
11pertinent information including the person’s criminal record, a
12validated risk assessment, and the negative impact the offense
13has had on the victim or other persons.
14The division does not modify the earned time provisions
15related to the commission of robbery in the first degree, as a
16person who commits robbery in the first degree is eligible for
17a reduction of sentence equal to fifteen eighty-fifths of a day
18for each day of good conduct by the person under Code section
19903A.2.
20Under current law and the division, felonious robbery is
21also classified as a “forcible felony” under Code section
22702.11, and a person convicted of felonious robbery is
23prohibited from receiving a suspended or deferred sentence or
24deferred judgment pursuant to Code section 907.3.
25The division repeals the offense of robbery in the third
26degree, an aggravated misdemeanor. A person commits robbery
27in the third degree when, while perpetrating a robbery, the
28person commits a simple misdemeanor assault in violation of
29Code section 708.2(6).
30DIVISION III — PROPERTY CRIMES — VALUE. This division
31increases the value of damaged or stolen property or services
32necessary to commit certain levels of numerous criminal
33offenses.
34THEFT. The division increases the value of property
35necessary for a person to commit theft in the second degree
-21-1from property exceeding $1,000 but not more than $10,000 to
2property exceeding $1,500 but not more than $10,000. Theft in
3the second degree is a class “D” felony.
4The division increases the value of property necessary for
5a person to commit theft in the third degree from property
6exceeding $500 but not more than $1,000 to property exceeding
7$750 but not more than $1,500. Theft in the third degree is an
8aggravated misdemeanor.
9The division increases the value of property necessary for
10a person to commit theft in the fourth degree from property
11exceeding $200 but not more than $500 to property exceeding
12$300 but not more than $750. Theft in the fourth degree is a
13serious misdemeanor.
14The division increases the value of property necessary for a
15person to commit theft in the fifth degree from property not
16exceeding $200 to property not exceeding $300. Theft in the
17fifth degree is a simple misdemeanor.
18AGGRAVATED THEFT. The division increases the value of
19property necessary for a person to commit aggravated theft from
20property not exceeding $200 to property not exceeding $300.
21Aggravated theft is an aggravated misdemeanor or a class “D”
22felony depending upon the circumstances of the crime. Under
23current law, a person commits aggravated theft when the person
24commits a simple assault after the person has removed or
25attempted to remove property not exceeding $200.
26THEFT DETECTION DEVICES — SHIELD OR REMOVAL. The division
27increases the value of property necessary for a person to
28commit a serious misdemeanor for removal of a theft detection
29device from property exceeding $200 in value to property
30exceeding $300 in value. The division increases the value of
31property necessary for a person to commit a simple misdemeanor
32for removal of a theft detection device from property not
33exceeding $200 in value to property not exceeding $300 in
34value.
35FRAUDULENT PRACTICE. Fraudulent practice is defined in Code
-22-1section 714.8. The division increases the value of property or
2services necessary for a person to commit fraudulent practice
3in the second degree from property or services exceeding $1,000
4but not more than $10,000 to property exceeding $1,500 but not
5more than $10,000. Fraudulent practice in the second degree
6is a class “D” felony.
7The division increases the value of property or services
8necessary for a person to commit fraudulent practice in the
9third degree from property or services exceeding $500 but not
10more than $1,000 to property or services exceeding $750 but not
11more than $1,500. Fraudulent practice in the third degree is
12an aggravated misdemeanor.
13The division increases the value of property or services
14necessary for a person to commit fraudulent practice in the
15fourth degree from property or services exceeding $200 but not
16more than $500 to property or services exceeding $300 but not
17more than $750. Fraudulent practice in the fourth degree is
18a serious misdemeanor.
19The division increases the value of property or services
20necessary for a person to commit fraudulent practice in the
21fifth degree from property or services not exceeding $200 to
22property or services not exceeding $300. Fraudulent practice
23in the fifth degree is a simple misdemeanor.
24CREDIT CARDS. Under current law, a person commits the class
25“D” felony offense of credit card fraud when a person illegally
26secures or seeks to secure property or services by means of
27a credit card and the value of the property or services is
28greater than $1,000 but not more than $10,000. The division
29increases the minimum value of property or services necessary
30for a person to commit such a class “D” felony offense from
31$1,000 to $1,500.
32Under current law, a person commits the aggravated
33misdemeanor offense of credit card fraud when a person
34illegally secures or seeks to secure property or services
35by means of a credit card and the value of the property or
-23-1services is $1,000 or less. The division increases the maximum
2value of property or services necessary for a person to commit
3such an aggravated misdemeanor offense from $1,000 to $1,500.
4IDENTITY THEFT. Under current law, a person commits
5the class “D” felony offense of identity theft when a
6person fraudulently uses or fraudulently attempts to use
7identification information of another person, with the intent
8to obtain credit, property, services, or other benefit, and
9the value of the credit, property, services, or other benefit
10exceeds $1,000 but does not exceed $10,000. The division
11increases the minimum value necessary for a person to commit
12such a class “D” felony offense from $1,000 to $1,500.
13Under current law, a person commits the aggravated
14misdemeanor offense of identity theft when a person
15fraudulently uses or fraudulently attempts to use
16identification information of another person, with the intent
17to obtain credit, property, or services, or other benefit, and
18the value of the credit, property, services, or other benefit
19exceeds $1,000 but does not exceed $10,000. The division
20increases the minimum value necessary for a person to commit
21such an aggravated misdemeanor offense from $1,000 to $1,500.
22CRIMINAL MISCHIEF. The division increases the value of
23damaged property that is necessary to commit criminal mischief
24in the second degree from damaged property exceeding $1,000 but
25not more than $10,000 to damaged property exceeding $1,500 but
26not more than $10,000. Criminal mischief in the second degree
27is a class “D” felony.
28The division increases the value of damaged property
29that is necessary to commit criminal mischief in the third
30degree from damaged property exceeding $500 but not more than
31$1,000 to damaged property exceeding $750 but not more than
32$1,500. Criminal mischief in the third degree is an aggravated
33misdemeanor.
34The division increases the value of damaged property
35that is necessary to commit criminal mischief in the fourth
-24-1degree from damaged property exceeding $200 but not more than
2$500 to damaged property exceeding $300 but not more than
3$750. Criminal mischief in the fourth degree is a serious
4misdemeanor.
5The division increases the value of damaged property that
6is necessary to commit criminal mischief in the fifth degree
7from damaged property not exceeding $200 to damaged property
8not exceeding $300. Criminal mischief in the fifth degree is a
9simple misdemeanor.
10TRESPASS. The division increases the value of damaged
11property that is necessary to commit a serious misdemeanor
12trespass offense from damaged property of more than $200 to
13damaged property of more than $300.
14The division increases the value of damaged property that is
15necessary to commit an aggravated misdemeanor trespass offense
16involving a hate crime from damaged property of more than $200
17to damaged property of more than $300.
18RAILROAD VANDALISM. The division increases the value of
19damaged property that is necessary to commit railroad vandalism
20in the fourth degree from damaged property exceeding $1,000 but
21not more than $10,000 to damaged property exceeding $1,500 but
22not more than $10,000. Railroad vandalism in the fourth degree
23is a class “D” felony.
24The division increases the value of damaged property that
25is necessary to commit railroad vandalism in the fifth degree
26from damaged property exceeding $500 but not more than $1,000
27to damaged property exceeding $750 but not more than $1,500.
28Railroad vandalism in the fifth degree is an aggravated
29misdemeanor.
30The division increases the value of damaged property
31that is necessary to commit railroad vandalism in the sixth
32degree from damaged property exceeding $200 but not more than
33$500 to damaged property exceeding $300 but not more than
34$750. Railroad vandalism in the sixth degree is a serious
35misdemeanor.
-25- 1The division increases the value of damaged property that is
2necessary to commit railroad vandalism in the seventh degree
3from damaged property not exceeding $200 to damaged property
4not exceeding $300. Railroad vandalism in the seventh degree
5is a simple misdemeanor.
6TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).
7 Under current law, a person commits the class “D” felony
8offense of transmission of unsolicited bulk email when the
9revenue generated from such a transmissions exceeds $1,000.
10The division increases the minimum value necessary for a
11person to commit such a class “D” felony offense from $1,000
12to $1,500.
13DIVISION IV — THEFT, FRAUD, AND FORGERY REVISIONS.
14THEFT OFFENSES — CONSOLIDATION. This division creates new
15Code section 714.2A relating to the consolidation of theft
16offenses. The division provides that for purposes of charging
17a person with theft, any conduct specified as theft in Code
18section 714.1(1) through (10), constitutes a single offense
19of theft embracing the separated offenses of theft known as
20taking, misappropriation, theft by deception, possession or
21receipt of stolen property, fraudulent conversion, check fraud,
22theft from a public utility, unlawful access to a computer,
23theft of video rental property, and other similar offenses
24related to theft. An accusation of theft may be supported by
25evidence that it was committed in any manner that would be
26theft under Code section 714.1(1) through (10), notwithstanding
27the specification of a different manner of theft in the
28complaint, indictment, or information, subject only to the
29power of the court to ensure a fair trial by granting a
30continuance or other appropriate relief where the conduct of
31the defense would be prejudiced by lack of fair notice or
32surprise.
33DEFINITION OF FORGERY. The division amends Code section
34715A.2(2) relating to forgery. Under the division, a person
35commits forgery when the person possesses a writing that is or
-26-1purports to be a driver’s license, nonoperator’s identification
2card, birth certificate, or occupational license or certificate
3in support of an occupational license issued by a department,
4agency, board, or commission in this state. A person who
5forges such a document commits a class “D” felony. By amending
6the definition of forgery, the division also changes the
7circumstances under which an employer is subject to a civil
8penalty for hiring a person who commits such a forgery,
9pursuant to Code section 715A.2A (accommodation of forgery).
10STATUTE OF LIMITATIONS — FRAUD OR BREACH OF FIDUCIARY
11OBLIGATION. The division amends Code section 802.5 relating
12to extending the periods of time a prosecution may be brought
13against a person for any offense involving a material element
14of fraud or a breach of fiduciary obligation. Under current
15law, a prosecution may be brought within one year after
16discovery of the offense by an aggrieved party or by a person
17who has a legal duty to represent an aggrieved party and who is
18not a party to the offense. The division specifies that such a
19prosecution may be brought within five years.
20DIVISION V — CRIMINAL PROCEEDINGS.
21DEFENDANT RIGHT TO APPEAL. This division amends Code
22section 814.6(1) by prohibiting the right to appeal to a
23defendant who has pled guilty to a criminal offense except
24this prohibition does not apply to a defendant who pleads
25guilty to a class “A” felony. The right to appeal means that
26an appellate court cannot deny a defendant’s statutory or
27constitutional right to have the defendant’s case reviewed on
28appeal.
29The division amends Code section 814.6(2) by specifying that
30discretionary review by an appellate court applies to an order
31denying a motion in arrest of judgment on grounds other than an
32ineffective assistance claim. Under current law, discretionary
33review applies to an order suppressing or admitting evidence,
34an order granting or denying a motion for a change of venue,
35an order denying probation, simple misdemeanor and ordinance
-27-1violations, and an order raising a question of law important to
2the judiciary and the profession. Discretionary review is the
3process by which an appellate court may exercise its discretion
4to review specified matters not subject to appeal as a matter
5of right.
6PRO SE FILINGS BY DEFENDANT CURRENTLY REPRESENTED BY
7COUNSEL. The division creates new Code section 814.6A relating
8to pro se filings by defendants currently represented by
9counsel. The bill provides that a defendant who is currently
10represented by counsel shall not file any pro se document
11in any Iowa appellate court. The appellate court shall not
12consider, and opposing counsel shall not respond to, such pro
13se filings. The division does not prohibit a defendant from
14proceeding without the assistance of counsel. A defendant
15currently represented by counsel may file a pro se motion
16seeking disqualification of the counsel, which a court may
17grant upon a showing of good cause.
18INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The
19division amends Code section 814.7 relating to an ineffective
20assistance claim on appeal in a criminal case. The division
21prohibits an ineffective assistance claim being raised and
22decided on direct appeal from the criminal proceedings. Under
23current law, such a claim may be raised on direct appeal from
24the criminal proceedings if the record at the trial level is
25sufficient. Generally, an ineffective assistance of counsel
26claim is raised on appeal by a criminal defendant alleging
27the defendant’s attorney was so incompetent it deprived the
28defendant the constitutional right to assistance of counsel.
29APPEALS FROM THE DISTRICT COURT — GENERAL VERDICT.
30 The division creates new Code section 814.28 relating to
31general verdicts. When the prosecution relies on multiple
32or alternative theories to prove the commission of a public
33offense, a jury may return a general verdict. If the jury
34returns a general verdict, the division specifies that a court
35shall not set aside or reverse such a verdict on the basis
-28-1of a defective or insufficient theory if one or more of the
2theories presented and described in the complaint, information,
3indictment, or jury instruction is sufficient to sustain the
4verdict on at least one count.
5GUILTY PLEAS — CHALLENGES. If a defendant challenges a
6guilty plea based on an alleged defect in the plea proceedings,
7the division provides that the plea shall not be vacated unless
8the defendant demonstrates it is more likely than not that the
9defendant would not have pled guilty if the defect had not
10occurred. The burden applies whether the challenge is made
11by motion in arrest of judgment or in a challenge on appeal.
12Any provision in the Iowa rules of criminal procedure that are
13inconsistent with this provision shall have no legal effect.
14POSTCONVICTION RELIEF. The division provides that an
15ineffective assistance of counsel claim contained in an
16application seeking postconviction relief is not a ground
17of fact or law that could not have been raised within the
18applicable time period for purposes of determining if an
19application is timely filed.
20The division provides that an applicant seeking
21postconviction relief who is currently represented by counsel
22shall not file any pro se document in any Iowa district or
23appellate court. The district or appellate court shall not
24consider, and opposing counsel shall not respond to, such
25pro se filings. The bill does not prohibit an applicant for
26postconviction relief from proceeding without the assistance of
27counsel. A represented applicant for postconviction relief may
28file a pro se motion seeking disqualification of counsel, which
29a court may grant upon a showing of good cause.
30The division strikes a provision that requires the
31respondent to an application for postconviction relief, to file
32an answer to the application with relevant portions of the
33record of the proceedings being challenged, if the applicant
34fails to file the application without the record of the
35proceedings being challenged.
-29- 1PRESENTENCE DETERMINATIONS AND STATEMENTS. The division
2creates new Code section 901.4B relating to presentence
3determinations and statements. At sentencing, the court shall
4verify that the defendant and the defendant’s attorney have
5read and discussed the presentence investigation report and any
6addendum to the report. Before imposing sentence, the court
7shall provide the defendant’s attorney an opportunity to speak
8on the defendant’s behalf, address the defendant personally in
9order to permit the defendant to make a statement or present
10any information to mitigate the sentence, and provide the
11prosecuting attorney an opportunity to speak.
12After hearing any statements presented by the above, and
13before imposing sentence, the court is required to address any
14victim of the crime who is present at sentencing and permit
15any victim to be reasonably heard, including but not limited
16to by presenting a victim impact statement in the manner
17described in Code section 915.21. “Victim” means a person who
18has suffered physical, emotional, or financial harm as the
19result of a public offense or a delinquent act, other than
20a simple misdemeanor, committed in this state, or members of
21the victim’s family, and also includes the family members of
22a victim who died or was rendered incompetent as a result of
23the offense or who was under 18 years of age at the time of the
24offense.
25DIVISION VI — ARSON.
26PAROLE OR WORK RELEASE ELIGIBILITY DETERMINATION —
27CERTAIN DRUG, CHILD ENDANGERMENT, AND ROBBERY OFFENSES. This
28division amends Code section 901.11 by providing that at the
29time of sentencing, the court shall determine when a person
30convicted of arson in the first degree as described in Code
31section 902.12(4) shall first become eligible for parole or
32work release within the parameters specified in Code section
33902.12(3) based upon all pertinent information including the
34person’s criminal record, a validated risk assessment, and the
35negative impact the offense has had on the victim or other
-30-1persons.
2MINIMUM SENTENCE FOR CERTAIN FELONIES — ELIGIBILITY FOR
3PAROLE OR WORK RELEASE. The division amends Code section
4902.12 by providing that a person serving a sentence for a
5conviction for arson in the first degree in violation of Code
6section 712.2 that occurs on or after July 1, 2019, shall
7be denied parole or work release until the person has served
8between one-half and seven-tenths of the maximum term of the
9person’s sentence as determined under Code section 901.11(4).
10DIVISION VII — LIMITATION OF CRIMINAL ACTIONS.
11SEXUAL ABUSE — FIRST, SECOND, OR THIRD DEGREE. This
12division amends Code section 802.2 to provide that an
13information or indictment for sexual abuse in the first,
14second, or third degree committed on or with a person who is
15under the age of 18 years shall be found within 15 years of the
16offense.
17INCEST — SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR
18SCHOOL EMPLOYEE. The division amends Code section 802.2A to
19provide that an information or indictment for incest under Code
20section 726.2 committed on or with a person who is under the
21age of 18 shall be found within 15 years after the commission
22of the offense, and an indictment or information for sexual
23exploitation by a counselor, therapist, or school employee
24under Code section 709.15 committed on or with a person who
25is under the age of 18 shall be found within 15 years after
26the commission of the offense. An information or indictment
27for any other sexual exploitation shall be found within 10
28years of the date the victim was last treated by the counselor
29or therapist, or within 10 years of the date the victim was
30enrolled in or attended the school.
31DIVISION VIII — STATE AND COUNTY MEDICAL EXAMINER DEATH
32REPORTS AND INVESTIGATIONS. Currently, the report of an
33investigation by the state medical examiner or county medical
34examiner and the record and report of an autopsy shall be
35received as evidence in court or other proceedings, except that
-31-1statements by witnesses or other persons and conclusions on
2extraneous matters included in the report are inadmissible.
3This division provides that the report of an investigation made
4by the state medical examiner or county medical examiner shall
5be admissible in court including any findings of the state
6medical examiner or county medical examiner and any information
7provided by a county attorney or law enforcement agency, if
8the information is otherwise admissible under the Iowa rules
9of evidence.
10The division provides that in formulating findings and
11conclusions regarding the cause or manner of death, the state
12medical examiner or county medical examiner shall be allowed
13to rely upon and include in the report of an investigation any
14information provided to the medical examiner by an attorney,
15law enforcement agency, witness, or any person with relevant
16information.
17Additionally, in conducting an investigation or autopsy,
18including but not limited to developing a clinical history
19of the decedent and formulating findings and conclusions or
20forming opinions as to the cause and manner of death, the
21state medical examiner or county medical examiner may use any
22information provided or available for review, including but not
23limited to information or statements by a witness, a suspect,
24or any other person with information which is provided by or
25obtained in the course of a law enforcement investigation.
26Information or statements used by the medical examiner in
27making the findings, conclusions, and opinions may be included
28in the report of the medical examiner. A court shall not
29exclude the report or opinion on the basis that the medical
30examiner relied on information from other persons or from a
31law enforcement agency in forming that report or opinion.
32Admission of such a report or opinion shall not constitute
33reversible error.
-32-as/rh
2related administrative proceedings, providing penalties, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ExpungementS
3 Section 1. Section 123.46, subsection 6, Code 2019, is
4amended to read as follows:
56. Upon the expiration of two years following conviction
6for a violation of this section and a violation or of a
7similar local ordinance that arose from the same transaction
8or occurrence, a person may petition the court to expunge the
9conviction including the conviction for a violation of a local
10ordinance that arose from the same transaction or occurrence,
11and if the person has had no other criminal convictions, other
12than local traffic violations or simple misdemeanor violations
13of chapter 321 during the two-year period, the conviction and
14the conviction for a violation of a local ordinance that arose
15from the same transaction or occurrence shall be expunged as
16a matter of law. The court shall enter an order that the
17record of the conviction and the conviction for a violation
18of a local ordinance that arose from the same transaction or
19occurrence be expunged by the clerk of the district court.
20Notwithstanding section 692.2, after receipt of notice from the
21clerk of the district court that a record of conviction and
22the conviction for a violation of a local ordinance that arose
23from the same transaction or occurrence has been expunged,
24the record of conviction and the conviction for a violation
25of a local ordinance that arose from the same transaction or
26occurrence shall be removed from the criminal history data
27files maintained by the department of public safety if such a
28record was maintained in the criminal history data files.
29 Sec. 2. NEW SECTION. 901C.3 Misdemeanor — expungement.
301. Upon application of a defendant convicted of a
31misdemeanor offense in the county where the conviction
32occurred, the court shall enter an order expunging the record
33of such a criminal case, as a matter of law, if the defendant
34has established that more than eight years have passed since
35the date of the conviction, the defendant has no pending
-1-1criminal charges, and all court costs, fees, fines, and
2restitution and other financial obligations ordered by the
3court or assessed by the clerk of the district court have been
4paid.
52. The following misdemeanors shall not be expunged:
6a. A conviction under section 123.46.
7b. A simple misdemeanor conviction under section 123.47,
8subsection 3, or similar local ordinance.
9c. A conviction for dependent adult abuse under section
10235B.20.
11d. A conviction under section 321.218, 321A.32, or 321J.21.
12e. A conviction under section 321J.2.
13f. A conviction for a sex offense as defined in section
14692A.101.
15g. A conviction for involuntary manslaughter under section
16707.5.
17h. A conviction for assault under section 708.2, subsection
183.
19i. A conviction under section 708.2A.
20j. A conviction for harassment under section 708.7.
21k. A conviction for stalking under section 708.11.
22l. A conviction for removal of an officer’s communication or
23control device under section 708.12.
24m. A conviction for trespass under section 716.8, subsection
253 or 4.
26n. A conviction under chapter 717C.
27o. A conviction under chapter 719.
28p. A conviction under chapter 720.
29q. A conviction under section 721.2.
30r. A conviction under section 721.10.
31s. A conviction under section 723.1.
32t. A conviction under chapter 724.
33u. A conviction under chapter 726.
34v. A conviction under chapter 728.
35w. A conviction under chapter 901A.
-2- 1x. A conviction for a comparable offense listed in 49 C.F.R.
2§383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4).
3y. A conviction under prior law of an offense comparable to
4an offense enumerated in this subsection.
5z. The defendant is the subject of a protective order or a
6no-contact order.
7aa. The defendant has been subsequently convicted of or
8granted a deferred judgment for any criminal offense, other
9than a simple misdemeanor conviction under chapter 321 or of a
10similar local ordinance.
11ab. The defendant has previously been granted two deferred
12judgments.
133. A person shall be granted an expungement of a record
14under this section one time in the person’s lifetime.
15However, the one application may request the expungement of
16records relating to more than one misdemeanor offense if
17the misdemeanor offenses arose from the same transaction or
18occurrence, and the application contains the misdemeanor
19offenses to be expunged.
204. The expunged record under this section is a confidential
21record exempt from public access under section 22.7 but shall
22be made available by the clerk of the district court upon court
23order.
245. Notwithstanding section 692.2, after receipt of
25notice from the clerk of the district court that a record of
26conviction has been expunged under subsection 1, the record
27of conviction shall be removed from the criminal history data
28files maintained by the department of public safety if such a
29record was maintained in the criminal history data files.
306. The supreme court may prescribe rules governing the
31procedures applicable to the expungement of a criminal case
32under this section.
337. This section applies to a misdemeanor conviction that
34occurred prior to, on, or after July 1, 2019.
35DIVISION II
-3-1ROBBERY
2 Sec. 3. Section 711.3, Code 2019, is amended to read as
3follows:
4711.3 Robbery in the second degree.
5All robbery which is not robbery in the first degree is
6robbery in the second degree, except as provided in section
7711.3A. Robbery in the second degree is a class “C” felony.
8 Sec. 4. Section 901.11, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 2A. At the time of sentencing, the court
11shall determine when a person convicted of robbery in the first
12degree as described in section 902.12, subsection 2A, shall
13first become eligible for parole or work release within the
14parameters specified in section 902.12, subsection 2A, based
15upon all pertinent information including the person’s criminal
16record, a validated risk assessment, and the negative impact
17the offense has had on the victim or other persons.
18 Sec. 5. Section 902.12, subsection 1, paragraph e, Code
192019, is amended to read as follows:
20e. Robbery in the first or second degree in violation of
21section 711.2 or 711.3, except as determined in subsection 3.
22 Sec. 6. Section 902.12, Code 2019, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 2A. A person serving a sentence for a
25conviction for robbery in the first degree in violation of
26section 711.2 for a conviction that occurs on or after July 1,
272018, shall be denied parole or work release until the person
28has served between one-half and seven-tenths of the maximum
29term of the person’s sentence as determined under section
30901.11, subsection 2A.
31 Sec. 7. REPEAL. Section 711.3A, Code 2019, is repealed.
32DIVISION III
33PROPERTY CRIMES — VALUE
34 Sec. 8. Section 712.3, Code 2019, is amended to read as
35follows:
-4- 1712.3 Arson in the second degree.
2Arson which is not arson in the first degree is arson in the
3second degree when the property which is the subject of the
4arson is a building or a structure, or real property of any
5kind, or standing crops, or is personal property the value of
6which exceeds five seven hundred fifty dollars. Arson in the
7second degree is a class “C” felony.
8 Sec. 9. Section 714.2, Code 2019, is amended to read as
9follows:
10714.2 Degrees of theft.
111. The theft of property exceeding ten thousand dollars in
12value, or the theft of property from the person of another, or
13from a building which has been destroyed or left unoccupied
14because of physical disaster, riot, bombing, or the proximity
15of battle, or the theft of property which has been removed from
16a building because of a physical disaster, riot, bombing, or
17the proximity of battle, is theft in the first degree. Theft
18in the first degree is a class “C” felony.
192. The theft of property exceeding one thousand five
20hundred dollars but not exceeding ten thousand dollars in value
21or theft of a motor vehicle as defined in chapter 321 not
22exceeding ten thousand dollars in value, is theft in the second
23degree. Theft in the second degree is a class “D” felony.
24However, for purposes of this subsection, “motor vehicle” does
25not include a motorized bicycle as defined in section 321.1,
26subsection 40, paragraph “b”.
273. The theft of property exceeding five seven hundred fifty
28 dollars but not exceeding one thousand five hundred dollars in
29value, or the theft of any property not exceeding five hundred
30dollars in value by one who has before been twice convicted of
31theft, is theft in the third degree. Theft in the third degree
32is an aggravated misdemeanor.
334. The theft of property exceeding two three hundred dollars
34in value but not exceeding five seven hundred fifty dollars
35in value is theft in the fourth degree. Theft in the fourth
-5-1degree is a serious misdemeanor.
25. The theft of property not exceeding two three hundred
3dollars in value is theft in the fifth degree. Theft in the
4fifth degree is a simple misdemeanor.
5 Sec. 10. Section 714.3A, subsection 1, Code 2019, is amended
6to read as follows:
71. A person commits aggravated theft when the person commits
8an assault as defined in section 708.1, subsection 2, paragraph
9“a”, that is punishable as a simple misdemeanor under section
10708.2, subsection 6, after the person has removed or attempted
11to remove property not exceeding two three hundred dollars in
12value which has not been purchased from a store or mercantile
13establishment, or has concealed such property of the store or
14mercantile establishment, either on the premises or outside the
15premises of the store or mercantile establishment.
16 Sec. 11. Section 714.7B, subsection 6, paragraphs a and b,
17Code 2019, are amended to read as follows:
18a. A simple misdemeanor if the value of the goods, wares, or
19merchandise does not exceed two three hundred dollars.
20b. A serious misdemeanor if the value of the goods, wares,
21or merchandise exceeds two three hundred dollars.
22 Sec. 12. Section 714.10, subsection 1, Code 2019, is amended
23to read as follows:
241. Fraudulent practice in the second degree is the
25following:
26a. A fraudulent practice where the amount of money or value
27of property or services involved exceeds one thousand five
28hundred dollars but does not exceed ten thousand dollars.
29b. A fraudulent practice where the amount of money or
30value of property or services involved does not exceed one
31thousand five hundred dollars by one who has been convicted of
32a fraudulent practice twice before.
33 Sec. 13. Section 714.11, subsection 1, paragraph a, Code
342019, is amended to read as follows:
35a. A fraudulent practice where the amount of money or value
-6-1of property or services involved exceeds five seven hundred
2fifty dollars but does not exceed one thousand five hundred
3 dollars.
4 Sec. 14. Section 714.12, Code 2019, is amended to read as
5follows:
6714.12 Fraudulent practice in the fourth degree.
71. Fraudulent practice in the fourth degree is a fraudulent
8practice where the amount of money or value of property or
9services involved exceeds two three hundred dollars but does
10not exceed five seven hundred fifty dollars.
112. Fraudulent practice in the fourth degree is a serious
12misdemeanor.
13 Sec. 15. Section 714.13, Code 2019, is amended to read as
14follows:
15714.13 Fraudulent practice in the fifth degree.
161. Fraudulent practice in the fifth degree is a fraudulent
17practice where the amount of money or value of property or
18services involved does not exceed two three hundred dollars.
192. Fraudulent practice in the fifth degree is a simple
20misdemeanor.
21 Sec. 16. Section 715A.6, subsection 2, paragraphs b and c,
22Code 2019, are amended to read as follows:
23b. If the value of the property or services secured or
24sought to be secured by means of the credit card is greater
25than one thousand five hundred dollars but not more than ten
26thousand dollars, an offense under this section is a class “D”
27felony.
28c. If the value of the property or services secured
29or sought to be secured by means of the credit card is one
30thousand five hundred dollars or less, an offense under this
31section is an aggravated misdemeanor.
32 Sec. 17. Section 715A.8, subsection 3, paragraphs b and c,
33Code 2019, are amended to read as follows:
34b. If the value of the credit, property, services, or other
35benefit exceeds one thousand five hundred dollars but does not
-7-1exceed ten thousand dollars, the person commits a class “D”
2felony.
3c. If the value of the credit, property, services, or other
4benefit does not exceed one thousand five hundred dollars, the
5person commits an aggravated misdemeanor.
6 Sec. 18. Section 716.4, subsection 1, Code 2019, is amended
7to read as follows:
81. Criminal mischief is criminal mischief in the second
9degree if the cost of replacing, repairing, or restoring the
10property that is damaged, defaced, altered, or destroyed
11exceeds one thousand five hundred dollars but does not exceed
12ten thousand dollars.
13 Sec. 19. Section 716.5, subsection 1, paragraph a, Code
142019, is amended to read as follows:
15a. The cost of replacing, repairing, or restoring the
16property that is damaged, defaced, altered, or destroyed
17exceeds five seven hundred fifty dollars, but does not exceed
18one thousand five hundred dollars.
19 Sec. 20. Section 716.6, subsection 1, paragraph a,
20subparagraph (1), Code 2019, is amended to read as follows:
21(1) The cost of replacing, repairing, or restoring the
22property that is damaged, defaced, altered, or destroyed
23exceeds two three hundred dollars, but does not exceed five
24 seven hundred fifty dollars.
25 Sec. 21. Section 716.8, subsections 2 and 4, Code 2019, are
26amended to read as follows:
272. Any person committing a trespass as defined in section
28716.7, other than a trespass as defined in section 716.7,
29subsection 2, paragraph “a”, subparagraph (6), which results in
30injury to any person or damage in an amount more than two three
31 hundred dollars to anything, animate or inanimate, located
32thereon or therein commits a serious misdemeanor.
334. A person committing a trespass as defined in section
34716.7 with the intent to commit a hate crime which results in
35injury to any person or damage in an amount more than two three
-8-1 hundred dollars to anything, animate or inanimate, located
2thereon or therein commits an aggravated misdemeanor.
3 Sec. 22. Section 716.10, subsection 2, paragraphs d, e, f,
4and g, Code 2019, are amended to read as follows:
5d. A person commits railroad vandalism in the fourth degree
6if the person intentionally commits railroad vandalism which
7results in property damage which costs ten thousand dollars
8or less but more than one thousand five hundred dollars to
9replace, repair, or restore. Railroad vandalism in the fourth
10degree is a class “D” felony.
11e. A person commits railroad vandalism in the fifth degree
12if the person intentionally commits railroad vandalism which
13results in property damage which costs more than five seven
14 hundred fifty dollars but does not exceed one thousand five
15hundred dollars to replace, repair, or restore. Railroad
16vandalism in the fifth degree is an aggravated misdemeanor.
17f. A person commits railroad vandalism in the sixth degree
18if the person intentionally commits railroad vandalism which
19results in property damage which costs more than one three
20 hundred dollars but does not exceed five seven hundred fifty
21 dollars to replace, repair, or restore. Railroad vandalism in
22the sixth degree is a serious misdemeanor.
23g. A person commits railroad vandalism in the seventh
24degree if the person intentionally commits railroad vandalism
25which results in property damage which costs one three hundred
26dollars or less to replace, repair, or restore. Railroad
27vandalism in the seventh degree is a simple misdemeanor.
28 Sec. 23. Section 716A.2, subsection 2, paragraph b, Code
292019, is amended to read as follows:
30b. The revenue generated from a specific unsolicited bulk
31electronic mail transmission exceeds one thousand five hundred
32 dollars or the total revenue generated from all unsolicited
33bulk electronic mail transmitted to any electronic mail service
34provider by the person exceeds fifty thousand dollars.
35DIVISION IV
-9-1theft, fraud, and forgery revisionS
2 Sec. 24. NEW SECTION. 714.2A Consolidation of theft
3offenses.
4For purposes of charging a person with theft, any conduct
5specified as theft in section 714.1, subsections 1 through 10,
6constitutes a single offense of theft embracing the separated
7offenses of theft known as taking, misappropriation, theft by
8deception, possession or receipt of stolen property, fraudulent
9conversion, check fraud, theft from a public utility, unlawful
10access to a computer, theft of video rental property, and other
11similar offenses related to theft. An accusation of theft may
12be supported by evidence that it was committed in any manner
13that would be theft under sections 714.1, subsections 1 through
1410, notwithstanding the specification of a different manner
15in the complaint, indictment, or information, subject only
16to the power of the court to ensure a fair trial by granting
17a continuance or other appropriate relief where the conduct
18of the defense would be prejudiced by lack of fair notice or
19surprise.
20 Sec. 25. Section 715A.2, subsection 2, paragraph a, Code
212019, is amended by adding the following new subparagraph:
22 NEW SUBPARAGRAPH. (5) A driver’s license, nonoperator’s
23identification card, birth certificate, or occupational license
24or certificate in support of an occupational license issued by
25a department, agency, board, or commission in this state.
26 Sec. 26. Section 715A.2A, subsection 1, paragraphs a and b,
27Code 2019, are amended to read as follows:
28a. Hires a person when the employer or an agent or employee
29of the employer knows that the document evidencing the person’s
30authorized stay or employment in the United States is in
31violation of section 715A.2, subsection 2, paragraph “a”,
32subparagraph (4) or (5), or knows that the person is not
33authorized to be employed in the United States.
34b. Continues to employ a person when the employer or an
35agent or employee of the employer knows that the document
-10-1evidencing the person’s authorized stay or employment in the
2United States is in violation of section 715A.2, subsection 2,
3paragraph “a”, subparagraph (4) or (5), or knows that the person
4is not authorized to be employed in the United States.
5 Sec. 27. Section 802.5, Code 2019, is amended to read as
6follows:
7802.5 Extension for fraud, fiduciary breach.
81. If the periods prescribed in sections 802.3 and 802.4
9have expired, prosecution may nevertheless be commenced for any
10offense a material element of which is either fraud or a breach
11of fiduciary obligation within one year after discovery of the
12offense by an aggrieved party or by a person who has a legal
13duty to represent an aggrieved party and who is not a party to
14the offense, but in no case shall this provision extend the
15period of limitation otherwise applicable by more than three
16 five years.
172. A prosecution may be commenced under this section as
18long as the appropriate law enforcement agency has not delayed
19the investigation in bad faith. This subsection shall not be
20construed to require a law enforcement agency to pursue an
21unknown offender with due diligence.
22DIVISION V
23criminal proceedings
24 Sec. 28. Section 814.6, subsection 1, paragraph a, Code
252019, is amended to read as follows:
26a. A final judgment of sentence, except in case of the
27following cases:
28(1) Asimple misdemeanor and ordinance violation
29convictions conviction.
30(2) An ordinance violation.
31(3) A conviction where the defendant has pled guilty. This
32subparagraph does not apply to a guilty plea for a class “A”
33felony.
34 Sec. 29. Section 814.6, subsection 2, Code 2019, is amended
35by adding the following new paragraph:
-11-1 NEW PARAGRAPH. f. An order denying a motion in arrest of
2judgment on grounds other than an ineffective assistance of
3counsel claim.
4 Sec. 30. NEW SECTION. 814.6A Pro se filings by defendant
5currently represented by counsel.
61. A defendant who is currently represented by counsel shall
7not file any pro se document, including a brief, reply brief,
8or motion, in any Iowa appellate court. The appellate court
9shall not consider, and opposing counsel shall not respond to,
10such pro se filings.
112. This section does not prohibit a defendant from
12proceeding without the assistance of counsel.
133. A defendant currently represented by counsel may file a
14pro se motion seeking disqualification of the counsel, which a
15court may grant upon a showing of good cause.
16 Sec. 31. Section 814.7, Code 2019, is amended to read as
17follows:
18814.7 Ineffective assistance claim on appeal in a criminal
19case.
201. An ineffective assistance of counsel claim in a
21criminal case shall be determined by filing an application
22for postconviction relief pursuant to chapter 822, except as
23otherwise provided in this section. The claim need not be
24raised on direct appeal from the criminal proceedings in order
25to preserve the claim for postconviction relief purposes,
26and the claim shall not be decided on direct appeal from the
27criminal proceedings.
282. A party may, but is not required to, raise an ineffective
29assistance claim on direct appeal from the criminal proceedings
30if the party has reasonable grounds to believe that the record
31is adequate to address the claim on direct appeal.
323. If an ineffective assistance of counsel claim is raised
33on direct appeal from the criminal proceedings, the court may
34decide the record is adequate to decide the claim or may choose
35to preserve the claim for determination under chapter 822.
-12-1 Sec. 32. NEW SECTION. 814.28 General verdicts.
2When the prosecution relies on multiple or alternative
3theories to prove the commission of a public offense, a jury
4may return a general verdict. If the jury returns a general
5verdict, an appellate court shall not set aside or reverse such
6a verdict on the basis of a defective or insufficient theory
7if one or more of the theories presented and described in the
8complaint, information, indictment, or jury instruction is
9sufficient to sustain the verdict on at least one count.
10 Sec. 33. NEW SECTION. 814.29 Guilty pleas — challenges.
11If a defendant challenges a guilty plea based on an alleged
12defect in the plea proceedings, the plea shall not be vacated
13unless the defendant demonstrates that the defendant more
14likely than not would not have pled guilty if the defect had
15not occurred. The burden applies whether the challenge is
16made through a motion in arrest of judgment or on appeal. Any
17provision in the Iowa rules of criminal procedure that are
18inconsistent with this section shall have no legal effect.
19 Sec. 34. NEW SECTION. 822.3A Claim of ineffective
20assistance of counsel.
21An ineffective assistance of counsel claim contained in an
22application is not a ground of fact or law that could not have
23been raised within the applicable time period for purposes of
24section 822.3.
25 Sec. 35. NEW SECTION. 822.3B Pro se filings by applicants
26currently represented by counsel.
271. An applicant seeking relief under section 822.2 who is
28currently represented by counsel shall not file any pro se
29document, including an application, brief, reply brief, or
30motion, in any Iowa district or appellate court. The district
31or appellate court shall not consider, and opposing counsel
32shall not respond to, such pro se filings.
332. This section does not prohibit an applicant for
34postconviction relief from proceeding without the assistance
35of counsel.
-13- 13. A represented applicant for postconviction relief may
2file a pro se motion seeking disqualification of counsel, which
3a court may grant upon a showing of good cause.
4 Sec. 36. Section 822.6, subsection 1, Code 2019, is amended
5to read as follows:
61. Within thirty days after the docketing of the
7application, or within any further time the court may fix,
8the state shall respond by answer or by motion which may
9be supported by affidavits. At any time prior to entry of
10judgment the court may grant leave to withdraw the application.
11The court may make appropriate orders for amendment of the
12application or any pleading or motion, for pleading over, for
13filing further pleadings or motions, or for extending the time
14of the filing of any pleading. In considering the application
15the court shall take account of substance regardless of defects
16of form. If the application is not accompanied by the record
17of the proceedings challenged therein, the respondent shall
18file with its answer the record or portions thereof that are
19material to the questions raised in the application.
20 Sec. 37. NEW SECTION. 901.4B Presentence determinations
21and statements.
221. Before imposing sentence, the court shall do all of the
23following:
24a. Verify that the defendant and the defendant’s attorney
25have read and discussed the presentence investigation report
26and any addendum to the report.
27b. Provide the defendant’s attorney an opportunity to speak
28on the defendant’s behalf.
29c. Address the defendant personally in order to permit the
30defendant to make a statement or present any information to
31mitigate the defendant’s sentence.
32d. Provide the prosecuting attorney an opportunity to speak.
332. After hearing any statements presented pursuant
34to subsection 1, and before imposing sentence, the court
35shall address any victim of the crime who is present at the
-14-1sentencing and shall allow any victim to be reasonably heard,
2including, but not limited to, by presenting a victim impact
3statement in the manner described in section 915.21.
43. For purposes of this section “victim” means the same as
5defined in section 915.10.
6DIVISION VI
7ARSON
8 Sec. 38. Section 901.11, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4. At the time of sentencing, the court
11shall determine when a person convicted of arson in the first
12degree as described in section 902.12, subsection 4, shall
13first become eligible for parole or work release within the
14parameters specified in section 902.12, subsection 3, based
15upon all pertinent information including the person’s criminal
16record, a validated risk assessment, and the negative impact
17the offense has had on the victim or other persons.
18 Sec. 39. Section 902.12, Code 2019, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 4. A person serving a sentence for a
21conviction for arson in the first degree in violation of
22section 712.2 that occurs on or after July 1, 2019, shall
23be denied parole or work release until the person has served
24between one-half and seven-tenths of the maximum term of
25the person’s sentence as determined under section 901.11,
26subsection 4.
27DIVISION VII
28LIMITATION OF CRIMINAL ACTIONS
29 Sec. 40. Section 802.2, subsection 1, Code 2019, is amended
30to read as follows:
311. An information or indictment for sexual abuse in the
32first, second, or third degree committed on or with a person
33who is under the age of eighteen years shall be found within
34ten fifteen years after the person upon whom the offense is
35committed attains eighteen years of age, or if the person
-15-1against whom the information or indictment is sought is
2identified through the use of a DNA profile, an information or
3indictment shall be found within three years from the date the
4person is identified by the person’s DNA profile, whichever is
5later.
6 Sec. 41. Section 802.2A, Code 2019, is amended to read as
7follows:
8802.2A Incest — sexual exploitation by a counselor,
9therapist, or school employee.
101. An information or indictment for incest under section
11726.2 committed on or with a person who is under the age of
12eighteen shall be found within ten fifteen years after the
13person upon whom the offense is committed attains eighteen
14years of age. An information or indictment for any other
15incest shall be found within ten years after its commission.
162. An indictment or information for sexual exploitation by
17a counselor, therapist, or school employee under section 709.15
18committed on or with a person who is under the age of eighteen
19shall be found within ten fifteen years after the person upon
20whom the offense is committed attains eighteen years of age.
21An information or indictment for any other sexual exploitation
22shall be found within ten years of the date the victim was last
23treated by the counselor or therapist, or within ten years of
24the date the victim was enrolled in or attended the school.
25DIVISION VIII
26STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND
27INVESTIGATIONS
28 Sec. 42. Section 331.802, subsection 5, Code 2019, is
29amended by adding the following new paragraphs:
30 NEW PARAGRAPH. c. In formulating findings and conclusions
31regarding the cause and manner of death, the state medical
32examiner or county medical examiner shall be allowed to rely
33upon and include in the report referred to in subsection 2,
34paragraph “a”, any information provided by an attorney, law
35enforcement agency, witness, or any person with relevant
-16-1information to the medical examiner conducting the autopsy.
2 NEW PARAGRAPH. d. The state medical examiner or county
3medical examiner may rely upon and consider statements by
4witnesses or other persons for purposes of developing a
5clinical history of the decedent that preceded death when
6formulating findings and conclusions on the cause and cause
7or manner of death. A court shall not exclude a medical
8examiner’s opinion as to the cause of death on the basis that
9the medical examiner relied on out-of-court statements in
10forming that opinion, and such an opinion shall not constitute
11reversible error.
12 Sec. 43. Section 331.802, subsection 6, Code 2019, is
13amended to read as follows:
146. a. The report of an investigation made by the state
15medical examiner or a county medical examiner and the record
16and report of an autopsy made under this section or chapter
17691, shall be received as evidence in any court or other
18proceedings, except that statements by witnesses or other
19persons and conclusions on extraneous matters included in
20the report are not admissible including any findings of the
21state medical examiner or county medical examiner and any
22information provided by an attorney, investigative agency,
23or witness, and any report deemed necessary by the medical
24examiner to accurately certify the cause and manner of death
25which are included in the report of the medical examiner if the
26information is admissible under the Iowa rules of evidence or
27have otherwise been substantially admitted into evidence. The
28person preparing a report or record given in evidence may be
29subpoenaed as a witness in any civil or criminal case by any
30party to the cause. A copy of a record, photograph, laboratory
31finding, or record in the office of the state medical examiner
32or any medical examiner, when attested to by the state medical
33examiner or a staff member or the medical examiner in whose
34office the record, photograph, or finding is filed, shall be
35received as evidence in any court or other proceedings for any
-17-1purpose for which the original could be received without proof
2of the official character of the person whose name is signed
3to it.
4b. In conducting an investigation or autopsy under this
5part, including but not limited to developing a clinical
6history of the decedent and formulating findings and
7conclusions or forming opinions as to the cause and manner of
8death, the state medical examiner or county medical examiner
9may use any information provided or available for review,
10including but not limited to information or statements by a
11witness, a suspect, or any other person with information which
12is provided by or obtained in the course of a law enforcement
13investigation. Such information or statements which the
14medical examiner has used in making the findings, conclusions,
15and opinions may also be included in the report of the medical
16examiner. A court shall not exclude the medical examiner’s
17report or opinion as to the cause or manner of death on the
18basis that the medical examiner relied on information from
19other persons or from a law enforcement agency in forming that
20report or opinion. Admission of such a report or opinion shall
21not constitute reversible error.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to criminal law and procedure including
26certain related administrative proceedings, provides penalties,
27and includes effective date provisions.
28DIVISION I — EXPUNGEMENTS. This division relates to the
29expungement of records of certain misdemeanor offenses.
30The division strikes a provision in Code section 123.46
31relating to the expungement of a conviction for public
32intoxication allowing for the expungement of a local ordinance
33violation that arose out of the same transaction or occurrence
34of a conviction under Code section 123.46.
35The division provides that upon the application of a
-18-1defendant convicted of a misdemeanor in the county where the
2defendant’s conviction occurred, the court shall enter an order
3expunging the record of such criminal case, as a matter of law,
4if the defendant has established that more than eight years
5have passed since the date of the conviction, the defendant has
6no pending criminal charges, and all court costs, fees, fines,
7and restitution and other financial obligations ordered by the
8court or assessed by the clerk of the district court have been
9paid.
10The division provides that the following misdemeanors
11shall not be expunged: simple misdemeanor convictions under
12Code sections 123.46 (consumption or intoxication in public
13places) and 123.47(3) (alcohol consumption by persons under
14legal age) or similar local ordinances, because expungement
15procedures already exist for both offenses; convictions for
16dependent adult abuse under Code section 235B.20; convictions
17for operating a motor vehicle with an invalid driver’s license
18under Code section 321.218, 321A.32, or 321J.21; convictions
19for operating while intoxicated under Code section 321J.2;
20convictions for sex offenses as defined in Code section
21692A.101; a conviction for involuntary manslaughter under Code
22section 707.5; a conviction for assault involving a dangerous
23weapon under Code section 708.2(3); convictions for domestic
24abuse assault under Code section 708.2A; convictions for
25harassment under Code section 708.7; a conviction for stalking
26under Code section 708.11; convictions for removal of an
27officer’s communication or control device under Code section
28708.12; convictions for trespass under Code section 716.8(3)
29or (4); convictions for bestiality under Code section 717C.1;
30convictions under Code chapter 719 (obstructing justice);
31convictions under Code chapter 720 (interference with judicial
32process); convictions under Code section 721.2 (nonfelonious
33conduct in office); convictions under Code section 721.10
34(misuse of public records and files); convictions under Code
35section 723.1 (riot); convictions under Code chapter 724
-19-1(weapons); convictions under Code chapter 726 (protections
2of the family and dependent persons); convictions under Code
3chapter 728 (obscenity); convictions under Code chapter 901A
4(sexually predatory offenses); a conviction for a comparable
5offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R.
6§383.51(e) (table 4) (commercial driver’s licenses); and any
7conviction under prior law of an offense comparable to an
8offense enumerated in the bill. In addition, the bill does not
9apply to a defendant who is the subject of a protective order
10or a no-contact order; a defendant who has been subsequently
11convicted of or granted a deferred judgment for any criminal
12offense, other than a simple misdemeanor conviction under Code
13chapter 321 or of a similar local ordinance; or a defendant who
14has previously been granted two deferred judgments.
15The division prohibits a person from applying more than
16once for an expungement of the person’s record. A person
17shall be granted an expungement of a record only one time
18in the person’s lifetime. However, the one application may
19request the expungement of records relating to more than one
20misdemeanor offense if the misdemeanor offenses arose from the
21same transaction or occurrence, and the application contains
22the misdemeanor offenses to be expunged.
23The division provides that the expunged record under the
24bill is a confidential record exempt from public access under
25Code section 22.7 but shall be made available by the clerk of
26the district court upon court order.
27The division also provides that after receipt of notice from
28the clerk of the district court that a record of conviction has
29been expunged, the record of conviction shall be removed from
30the criminal history data files maintained by the department of
31public safety if such a record was maintained in the criminal
32history data files.
33The division provides that the supreme court may prescribe
34rules governing expungement procedures applicable to criminal
35cases pursuant to the division.
-20- 1The division applies to misdemeanor convictions that occur
2prior to, on, or after July 1, 2019.
3DIVISION II — ROBBERY. This division provides that a
4person serving a sentence for a conviction for robbery in the
5first degree for a conviction that occurs on or after July
61, 2018, shall serve between 50 and 70 percent of a 25-year
7class “B” felony sentence prior to being eligible for parole
8or work release. In determining when the person is first
9eligible for parole or work release within such parameters,
10the sentencing court shall base its determination upon all
11pertinent information including the person’s criminal record, a
12validated risk assessment, and the negative impact the offense
13has had on the victim or other persons.
14The division does not modify the earned time provisions
15related to the commission of robbery in the first degree, as a
16person who commits robbery in the first degree is eligible for
17a reduction of sentence equal to fifteen eighty-fifths of a day
18for each day of good conduct by the person under Code section
19903A.2.
20Under current law and the division, felonious robbery is
21also classified as a “forcible felony” under Code section
22702.11, and a person convicted of felonious robbery is
23prohibited from receiving a suspended or deferred sentence or
24deferred judgment pursuant to Code section 907.3.
25The division repeals the offense of robbery in the third
26degree, an aggravated misdemeanor. A person commits robbery
27in the third degree when, while perpetrating a robbery, the
28person commits a simple misdemeanor assault in violation of
29Code section 708.2(6).
30DIVISION III — PROPERTY CRIMES — VALUE. This division
31increases the value of damaged or stolen property or services
32necessary to commit certain levels of numerous criminal
33offenses.
34THEFT. The division increases the value of property
35necessary for a person to commit theft in the second degree
-21-1from property exceeding $1,000 but not more than $10,000 to
2property exceeding $1,500 but not more than $10,000. Theft in
3the second degree is a class “D” felony.
4The division increases the value of property necessary for
5a person to commit theft in the third degree from property
6exceeding $500 but not more than $1,000 to property exceeding
7$750 but not more than $1,500. Theft in the third degree is an
8aggravated misdemeanor.
9The division increases the value of property necessary for
10a person to commit theft in the fourth degree from property
11exceeding $200 but not more than $500 to property exceeding
12$300 but not more than $750. Theft in the fourth degree is a
13serious misdemeanor.
14The division increases the value of property necessary for a
15person to commit theft in the fifth degree from property not
16exceeding $200 to property not exceeding $300. Theft in the
17fifth degree is a simple misdemeanor.
18AGGRAVATED THEFT. The division increases the value of
19property necessary for a person to commit aggravated theft from
20property not exceeding $200 to property not exceeding $300.
21Aggravated theft is an aggravated misdemeanor or a class “D”
22felony depending upon the circumstances of the crime. Under
23current law, a person commits aggravated theft when the person
24commits a simple assault after the person has removed or
25attempted to remove property not exceeding $200.
26THEFT DETECTION DEVICES — SHIELD OR REMOVAL. The division
27increases the value of property necessary for a person to
28commit a serious misdemeanor for removal of a theft detection
29device from property exceeding $200 in value to property
30exceeding $300 in value. The division increases the value of
31property necessary for a person to commit a simple misdemeanor
32for removal of a theft detection device from property not
33exceeding $200 in value to property not exceeding $300 in
34value.
35FRAUDULENT PRACTICE. Fraudulent practice is defined in Code
-22-1section 714.8. The division increases the value of property or
2services necessary for a person to commit fraudulent practice
3in the second degree from property or services exceeding $1,000
4but not more than $10,000 to property exceeding $1,500 but not
5more than $10,000. Fraudulent practice in the second degree
6is a class “D” felony.
7The division increases the value of property or services
8necessary for a person to commit fraudulent practice in the
9third degree from property or services exceeding $500 but not
10more than $1,000 to property or services exceeding $750 but not
11more than $1,500. Fraudulent practice in the third degree is
12an aggravated misdemeanor.
13The division increases the value of property or services
14necessary for a person to commit fraudulent practice in the
15fourth degree from property or services exceeding $200 but not
16more than $500 to property or services exceeding $300 but not
17more than $750. Fraudulent practice in the fourth degree is
18a serious misdemeanor.
19The division increases the value of property or services
20necessary for a person to commit fraudulent practice in the
21fifth degree from property or services not exceeding $200 to
22property or services not exceeding $300. Fraudulent practice
23in the fifth degree is a simple misdemeanor.
24CREDIT CARDS. Under current law, a person commits the class
25“D” felony offense of credit card fraud when a person illegally
26secures or seeks to secure property or services by means of
27a credit card and the value of the property or services is
28greater than $1,000 but not more than $10,000. The division
29increases the minimum value of property or services necessary
30for a person to commit such a class “D” felony offense from
31$1,000 to $1,500.
32Under current law, a person commits the aggravated
33misdemeanor offense of credit card fraud when a person
34illegally secures or seeks to secure property or services
35by means of a credit card and the value of the property or
-23-1services is $1,000 or less. The division increases the maximum
2value of property or services necessary for a person to commit
3such an aggravated misdemeanor offense from $1,000 to $1,500.
4IDENTITY THEFT. Under current law, a person commits
5the class “D” felony offense of identity theft when a
6person fraudulently uses or fraudulently attempts to use
7identification information of another person, with the intent
8to obtain credit, property, services, or other benefit, and
9the value of the credit, property, services, or other benefit
10exceeds $1,000 but does not exceed $10,000. The division
11increases the minimum value necessary for a person to commit
12such a class “D” felony offense from $1,000 to $1,500.
13Under current law, a person commits the aggravated
14misdemeanor offense of identity theft when a person
15fraudulently uses or fraudulently attempts to use
16identification information of another person, with the intent
17to obtain credit, property, or services, or other benefit, and
18the value of the credit, property, services, or other benefit
19exceeds $1,000 but does not exceed $10,000. The division
20increases the minimum value necessary for a person to commit
21such an aggravated misdemeanor offense from $1,000 to $1,500.
22CRIMINAL MISCHIEF. The division increases the value of
23damaged property that is necessary to commit criminal mischief
24in the second degree from damaged property exceeding $1,000 but
25not more than $10,000 to damaged property exceeding $1,500 but
26not more than $10,000. Criminal mischief in the second degree
27is a class “D” felony.
28The division increases the value of damaged property
29that is necessary to commit criminal mischief in the third
30degree from damaged property exceeding $500 but not more than
31$1,000 to damaged property exceeding $750 but not more than
32$1,500. Criminal mischief in the third degree is an aggravated
33misdemeanor.
34The division increases the value of damaged property
35that is necessary to commit criminal mischief in the fourth
-24-1degree from damaged property exceeding $200 but not more than
2$500 to damaged property exceeding $300 but not more than
3$750. Criminal mischief in the fourth degree is a serious
4misdemeanor.
5The division increases the value of damaged property that
6is necessary to commit criminal mischief in the fifth degree
7from damaged property not exceeding $200 to damaged property
8not exceeding $300. Criminal mischief in the fifth degree is a
9simple misdemeanor.
10TRESPASS. The division increases the value of damaged
11property that is necessary to commit a serious misdemeanor
12trespass offense from damaged property of more than $200 to
13damaged property of more than $300.
14The division increases the value of damaged property that is
15necessary to commit an aggravated misdemeanor trespass offense
16involving a hate crime from damaged property of more than $200
17to damaged property of more than $300.
18RAILROAD VANDALISM. The division increases the value of
19damaged property that is necessary to commit railroad vandalism
20in the fourth degree from damaged property exceeding $1,000 but
21not more than $10,000 to damaged property exceeding $1,500 but
22not more than $10,000. Railroad vandalism in the fourth degree
23is a class “D” felony.
24The division increases the value of damaged property that
25is necessary to commit railroad vandalism in the fifth degree
26from damaged property exceeding $500 but not more than $1,000
27to damaged property exceeding $750 but not more than $1,500.
28Railroad vandalism in the fifth degree is an aggravated
29misdemeanor.
30The division increases the value of damaged property
31that is necessary to commit railroad vandalism in the sixth
32degree from damaged property exceeding $200 but not more than
33$500 to damaged property exceeding $300 but not more than
34$750. Railroad vandalism in the sixth degree is a serious
35misdemeanor.
-25- 1The division increases the value of damaged property that is
2necessary to commit railroad vandalism in the seventh degree
3from damaged property not exceeding $200 to damaged property
4not exceeding $300. Railroad vandalism in the seventh degree
5is a simple misdemeanor.
6TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).
7 Under current law, a person commits the class “D” felony
8offense of transmission of unsolicited bulk email when the
9revenue generated from such a transmissions exceeds $1,000.
10The division increases the minimum value necessary for a
11person to commit such a class “D” felony offense from $1,000
12to $1,500.
13DIVISION IV — THEFT, FRAUD, AND FORGERY REVISIONS.
14THEFT OFFENSES — CONSOLIDATION. This division creates new
15Code section 714.2A relating to the consolidation of theft
16offenses. The division provides that for purposes of charging
17a person with theft, any conduct specified as theft in Code
18section 714.1(1) through (10), constitutes a single offense
19of theft embracing the separated offenses of theft known as
20taking, misappropriation, theft by deception, possession or
21receipt of stolen property, fraudulent conversion, check fraud,
22theft from a public utility, unlawful access to a computer,
23theft of video rental property, and other similar offenses
24related to theft. An accusation of theft may be supported by
25evidence that it was committed in any manner that would be
26theft under Code section 714.1(1) through (10), notwithstanding
27the specification of a different manner of theft in the
28complaint, indictment, or information, subject only to the
29power of the court to ensure a fair trial by granting a
30continuance or other appropriate relief where the conduct of
31the defense would be prejudiced by lack of fair notice or
32surprise.
33DEFINITION OF FORGERY. The division amends Code section
34715A.2(2) relating to forgery. Under the division, a person
35commits forgery when the person possesses a writing that is or
-26-1purports to be a driver’s license, nonoperator’s identification
2card, birth certificate, or occupational license or certificate
3in support of an occupational license issued by a department,
4agency, board, or commission in this state. A person who
5forges such a document commits a class “D” felony. By amending
6the definition of forgery, the division also changes the
7circumstances under which an employer is subject to a civil
8penalty for hiring a person who commits such a forgery,
9pursuant to Code section 715A.2A (accommodation of forgery).
10STATUTE OF LIMITATIONS — FRAUD OR BREACH OF FIDUCIARY
11OBLIGATION. The division amends Code section 802.5 relating
12to extending the periods of time a prosecution may be brought
13against a person for any offense involving a material element
14of fraud or a breach of fiduciary obligation. Under current
15law, a prosecution may be brought within one year after
16discovery of the offense by an aggrieved party or by a person
17who has a legal duty to represent an aggrieved party and who is
18not a party to the offense. The division specifies that such a
19prosecution may be brought within five years.
20DIVISION V — CRIMINAL PROCEEDINGS.
21DEFENDANT RIGHT TO APPEAL. This division amends Code
22section 814.6(1) by prohibiting the right to appeal to a
23defendant who has pled guilty to a criminal offense except
24this prohibition does not apply to a defendant who pleads
25guilty to a class “A” felony. The right to appeal means that
26an appellate court cannot deny a defendant’s statutory or
27constitutional right to have the defendant’s case reviewed on
28appeal.
29The division amends Code section 814.6(2) by specifying that
30discretionary review by an appellate court applies to an order
31denying a motion in arrest of judgment on grounds other than an
32ineffective assistance claim. Under current law, discretionary
33review applies to an order suppressing or admitting evidence,
34an order granting or denying a motion for a change of venue,
35an order denying probation, simple misdemeanor and ordinance
-27-1violations, and an order raising a question of law important to
2the judiciary and the profession. Discretionary review is the
3process by which an appellate court may exercise its discretion
4to review specified matters not subject to appeal as a matter
5of right.
6PRO SE FILINGS BY DEFENDANT CURRENTLY REPRESENTED BY
7COUNSEL. The division creates new Code section 814.6A relating
8to pro se filings by defendants currently represented by
9counsel. The bill provides that a defendant who is currently
10represented by counsel shall not file any pro se document
11in any Iowa appellate court. The appellate court shall not
12consider, and opposing counsel shall not respond to, such pro
13se filings. The division does not prohibit a defendant from
14proceeding without the assistance of counsel. A defendant
15currently represented by counsel may file a pro se motion
16seeking disqualification of the counsel, which a court may
17grant upon a showing of good cause.
18INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The
19division amends Code section 814.7 relating to an ineffective
20assistance claim on appeal in a criminal case. The division
21prohibits an ineffective assistance claim being raised and
22decided on direct appeal from the criminal proceedings. Under
23current law, such a claim may be raised on direct appeal from
24the criminal proceedings if the record at the trial level is
25sufficient. Generally, an ineffective assistance of counsel
26claim is raised on appeal by a criminal defendant alleging
27the defendant’s attorney was so incompetent it deprived the
28defendant the constitutional right to assistance of counsel.
29APPEALS FROM THE DISTRICT COURT — GENERAL VERDICT.
30 The division creates new Code section 814.28 relating to
31general verdicts. When the prosecution relies on multiple
32or alternative theories to prove the commission of a public
33offense, a jury may return a general verdict. If the jury
34returns a general verdict, the division specifies that a court
35shall not set aside or reverse such a verdict on the basis
-28-1of a defective or insufficient theory if one or more of the
2theories presented and described in the complaint, information,
3indictment, or jury instruction is sufficient to sustain the
4verdict on at least one count.
5GUILTY PLEAS — CHALLENGES. If a defendant challenges a
6guilty plea based on an alleged defect in the plea proceedings,
7the division provides that the plea shall not be vacated unless
8the defendant demonstrates it is more likely than not that the
9defendant would not have pled guilty if the defect had not
10occurred. The burden applies whether the challenge is made
11by motion in arrest of judgment or in a challenge on appeal.
12Any provision in the Iowa rules of criminal procedure that are
13inconsistent with this provision shall have no legal effect.
14POSTCONVICTION RELIEF. The division provides that an
15ineffective assistance of counsel claim contained in an
16application seeking postconviction relief is not a ground
17of fact or law that could not have been raised within the
18applicable time period for purposes of determining if an
19application is timely filed.
20The division provides that an applicant seeking
21postconviction relief who is currently represented by counsel
22shall not file any pro se document in any Iowa district or
23appellate court. The district or appellate court shall not
24consider, and opposing counsel shall not respond to, such
25pro se filings. The bill does not prohibit an applicant for
26postconviction relief from proceeding without the assistance of
27counsel. A represented applicant for postconviction relief may
28file a pro se motion seeking disqualification of counsel, which
29a court may grant upon a showing of good cause.
30The division strikes a provision that requires the
31respondent to an application for postconviction relief, to file
32an answer to the application with relevant portions of the
33record of the proceedings being challenged, if the applicant
34fails to file the application without the record of the
35proceedings being challenged.
-29- 1PRESENTENCE DETERMINATIONS AND STATEMENTS. The division
2creates new Code section 901.4B relating to presentence
3determinations and statements. At sentencing, the court shall
4verify that the defendant and the defendant’s attorney have
5read and discussed the presentence investigation report and any
6addendum to the report. Before imposing sentence, the court
7shall provide the defendant’s attorney an opportunity to speak
8on the defendant’s behalf, address the defendant personally in
9order to permit the defendant to make a statement or present
10any information to mitigate the sentence, and provide the
11prosecuting attorney an opportunity to speak.
12After hearing any statements presented by the above, and
13before imposing sentence, the court is required to address any
14victim of the crime who is present at sentencing and permit
15any victim to be reasonably heard, including but not limited
16to by presenting a victim impact statement in the manner
17described in Code section 915.21. “Victim” means a person who
18has suffered physical, emotional, or financial harm as the
19result of a public offense or a delinquent act, other than
20a simple misdemeanor, committed in this state, or members of
21the victim’s family, and also includes the family members of
22a victim who died or was rendered incompetent as a result of
23the offense or who was under 18 years of age at the time of the
24offense.
25DIVISION VI — ARSON.
26PAROLE OR WORK RELEASE ELIGIBILITY DETERMINATION —
27CERTAIN DRUG, CHILD ENDANGERMENT, AND ROBBERY OFFENSES. This
28division amends Code section 901.11 by providing that at the
29time of sentencing, the court shall determine when a person
30convicted of arson in the first degree as described in Code
31section 902.12(4) shall first become eligible for parole or
32work release within the parameters specified in Code section
33902.12(3) based upon all pertinent information including the
34person’s criminal record, a validated risk assessment, and the
35negative impact the offense has had on the victim or other
-30-1persons.
2MINIMUM SENTENCE FOR CERTAIN FELONIES — ELIGIBILITY FOR
3PAROLE OR WORK RELEASE. The division amends Code section
4902.12 by providing that a person serving a sentence for a
5conviction for arson in the first degree in violation of Code
6section 712.2 that occurs on or after July 1, 2019, shall
7be denied parole or work release until the person has served
8between one-half and seven-tenths of the maximum term of the
9person’s sentence as determined under Code section 901.11(4).
10DIVISION VII — LIMITATION OF CRIMINAL ACTIONS.
11SEXUAL ABUSE — FIRST, SECOND, OR THIRD DEGREE. This
12division amends Code section 802.2 to provide that an
13information or indictment for sexual abuse in the first,
14second, or third degree committed on or with a person who is
15under the age of 18 years shall be found within 15 years of the
16offense.
17INCEST — SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR
18SCHOOL EMPLOYEE. The division amends Code section 802.2A to
19provide that an information or indictment for incest under Code
20section 726.2 committed on or with a person who is under the
21age of 18 shall be found within 15 years after the commission
22of the offense, and an indictment or information for sexual
23exploitation by a counselor, therapist, or school employee
24under Code section 709.15 committed on or with a person who
25is under the age of 18 shall be found within 15 years after
26the commission of the offense. An information or indictment
27for any other sexual exploitation shall be found within 10
28years of the date the victim was last treated by the counselor
29or therapist, or within 10 years of the date the victim was
30enrolled in or attended the school.
31DIVISION VIII — STATE AND COUNTY MEDICAL EXAMINER DEATH
32REPORTS AND INVESTIGATIONS. Currently, the report of an
33investigation by the state medical examiner or county medical
34examiner and the record and report of an autopsy shall be
35received as evidence in court or other proceedings, except that
-31-1statements by witnesses or other persons and conclusions on
2extraneous matters included in the report are inadmissible.
3This division provides that the report of an investigation made
4by the state medical examiner or county medical examiner shall
5be admissible in court including any findings of the state
6medical examiner or county medical examiner and any information
7provided by a county attorney or law enforcement agency, if
8the information is otherwise admissible under the Iowa rules
9of evidence.
10The division provides that in formulating findings and
11conclusions regarding the cause or manner of death, the state
12medical examiner or county medical examiner shall be allowed
13to rely upon and include in the report of an investigation any
14information provided to the medical examiner by an attorney,
15law enforcement agency, witness, or any person with relevant
16information.
17Additionally, in conducting an investigation or autopsy,
18including but not limited to developing a clinical history
19of the decedent and formulating findings and conclusions or
20forming opinions as to the cause and manner of death, the
21state medical examiner or county medical examiner may use any
22information provided or available for review, including but not
23limited to information or statements by a witness, a suspect,
24or any other person with information which is provided by or
25obtained in the course of a law enforcement investigation.
26Information or statements used by the medical examiner in
27making the findings, conclusions, and opinions may be included
28in the report of the medical examiner. A court shall not
29exclude the report or opinion on the basis that the medical
30examiner relied on information from other persons or from a
31law enforcement agency in forming that report or opinion.
32Admission of such a report or opinion shall not constitute
33reversible error.
-32-as/rh