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Senate Study Bill 1105 - IntroducedA Bill ForAn Act 1relating to the penalty for public employees and public
2officials taking money from a public employer.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.3, subsection 1, paragraph a, Code
22021, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (15) The defendant was a public employee
4or public official at the time of the offense and the amount
5taken by the defendant from the public employer exceeded ten
6thousand dollars.
7 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2021,
8is amended by adding the following new subparagraph:
9 NEW SUBPARAGRAPH. (9) The defendant was a public employee
10or public official at the time of the offense and the amount
11taken by the defendant from the public employer exceeded ten
12thousand dollars.
13 Sec. 3. Section 907.3, subsection 3, Code 2021, is amended
14by adding the following new paragraph:
15 NEW PARAGRAPH. h. The defendant was a public employee
16or public official at the time of the offense and the amount
17taken by the defendant from the public employer exceeded ten
18thousand dollars unless the defendant establishes, by clear
19and convincing evidence, and the sentencing court finds and
20states specifically on the record, the existence of mitigating
21circumstances warranting a departure from the otherwise
22applicable mandatory term of incarceration.
23 Sec. 4. Section 907.3, Code 2021, is amended by adding the
24following new subsection:
25 NEW SUBSECTION. 4. For the purposes of this section:
26a. “Public employee” means any individual employed by a
27public employer and includes a contractor or vendor.
28b. “Public employer” means the state, its boards,
29commissions, agencies, and departments, and its political
30subdivisions including school districts and other special
31purpose districts.
32c. “Public official” means the same as defined in section
3368B.2.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill prohibits a sentencing court from deferring
3the judgment or deferring the sentence of a defendant if the
4defendant was a public employee or public official at the time
5of the offense and the amount of money taken by the public
6employee or public official in connection with the offense
7exceeded $10,000.
8The bill prohibits a sentencing court from suspending
9the sentence of a defendant if the defendant was a public
10employee or public official at the time of the offense and
11the amount of money taken by the public employee or public
12official in connection with the offense exceeded $10,000 unless
13the defendant establishes, by clear and convincing evidence,
14and the sentencing court finds and states specifically on
15the record, that mitigating circumstances exist warranting
16a departure from the otherwise mandatory minimum term of
17incarceration.
18 The bill defines “public employee” as any individual
19employed by a public employer and includes a contractor
20or vendor, “public employer” as the state, its boards,
21commissions, agencies, and departments, and its political
22subdivisions including school districts and other special
23purpose districts, and “public official” as officials, local
24officials, and members of the general assembly (as defined in
25Code section 68B.2).
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2officials taking money from a public employer.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.3, subsection 1, paragraph a, Code
22021, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (15) The defendant was a public employee
4or public official at the time of the offense and the amount
5taken by the defendant from the public employer exceeded ten
6thousand dollars.
7 Sec. 2. Section 907.3, subsection 2, paragraph a, Code 2021,
8is amended by adding the following new subparagraph:
9 NEW SUBPARAGRAPH. (9) The defendant was a public employee
10or public official at the time of the offense and the amount
11taken by the defendant from the public employer exceeded ten
12thousand dollars.
13 Sec. 3. Section 907.3, subsection 3, Code 2021, is amended
14by adding the following new paragraph:
15 NEW PARAGRAPH. h. The defendant was a public employee
16or public official at the time of the offense and the amount
17taken by the defendant from the public employer exceeded ten
18thousand dollars unless the defendant establishes, by clear
19and convincing evidence, and the sentencing court finds and
20states specifically on the record, the existence of mitigating
21circumstances warranting a departure from the otherwise
22applicable mandatory term of incarceration.
23 Sec. 4. Section 907.3, Code 2021, is amended by adding the
24following new subsection:
25 NEW SUBSECTION. 4. For the purposes of this section:
26a. “Public employee” means any individual employed by a
27public employer and includes a contractor or vendor.
28b. “Public employer” means the state, its boards,
29commissions, agencies, and departments, and its political
30subdivisions including school districts and other special
31purpose districts.
32c. “Public official” means the same as defined in section
3368B.2.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill prohibits a sentencing court from deferring
3the judgment or deferring the sentence of a defendant if the
4defendant was a public employee or public official at the time
5of the offense and the amount of money taken by the public
6employee or public official in connection with the offense
7exceeded $10,000.
8The bill prohibits a sentencing court from suspending
9the sentence of a defendant if the defendant was a public
10employee or public official at the time of the offense and
11the amount of money taken by the public employee or public
12official in connection with the offense exceeded $10,000 unless
13the defendant establishes, by clear and convincing evidence,
14and the sentencing court finds and states specifically on
15the record, that mitigating circumstances exist warranting
16a departure from the otherwise mandatory minimum term of
17incarceration.
18 The bill defines “public employee” as any individual
19employed by a public employer and includes a contractor
20or vendor, “public employer” as the state, its boards,
21commissions, agencies, and departments, and its political
22subdivisions including school districts and other special
23purpose districts, and “public official” as officials, local
24officials, and members of the general assembly (as defined in
25Code section 68B.2).
-2-as/rh