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Senate File 2196 - IntroducedA Bill ForAn Act 1modifying criminal code provisions relating to criminal
2records, penalties, prosecutions, appeals, driving
3privileges, and postconviction relief, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Expungement
3 Section 1. NEW SECTION. 901C.3 Misdemeanor — expungement.
41. Upon application of a defendant convicted of a
5misdemeanor offense, the court shall enter an order expunging
6the record of such a criminal case, as a matter of law, if
7the defendant has established that more than eight years
8have passed since the date of the conviction, the defendant
9is not the subject of a protective order or a no-contact
10order, the defendant has no pending criminal charges, the
11defendant has not been subsequently convicted of or granted a
12deferred judgment for any criminal offense, other than a simple
13misdemeanor conviction under chapter 321 or of a similar local
14ordinance, and all court costs, fees, fines, and restitution
15and other financial obligations ordered by the court or
16assessed by the clerk of the district court have been paid.
172. An expungement under this section shall not be entered
18for any of the following misdemeanor convictions:
19a. A conviction under section 123.46.
20b. A simple misdemeanor conviction under section 123.47,
21subsection 3.
22c. A conviction for dependent adult abuse under section
23235B.20.
24d. A conviction under section 321.218, 321A.32, or 321J.21.
25e. A conviction under section 321J.2.
26f. A conviction for a sex offense as defined in section
27692A.101.
28g. A conviction for involuntary manslaughter under section
29707.5.
30h. A conviction for assault under section 708.2, subsection
313.
32i. A conviction under section 708.2A.
33j. A conviction for harassment under section 708.7.
34k. A conviction for stalking under section 708.11.
35l. A conviction for removal of an officer’s communication or
-1-1control device under section 708.12.
2m. A conviction for trespass under section 716.8, subsection
33 or 4.
4n. A conviction under chapter 717C.
5o. A conviction under chapter 719.
6p. A conviction under chapter 720.
7q. A conviction under section 721.2.
8r. A conviction under section 721.10.
9s. A conviction under section 723.1.
10t. A conviction under chapter 724.
11u. A conviction under chapter 726.
12v. A conviction under chapter 728.
13w. A conviction under chapter 901A.
14x. A conviction for a comparable offense listed in 49 C.F.R.
15§383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4).
16y. A conviction under prior law of an offense comparable to
17an offense enumerated in this subsection.
183. A person shall only be allowed to apply for an
19expungement of a record under this section one time in
20the person’s lifetime. However, the one application may
21request the expungement of records relating to more than one
22misdemeanor offense if the misdemeanor offenses arose from the
23same transaction or occurrence, and the application contains
24the misdemeanor offenses to be expunged.
254. The expunged record under this section is a confidential
26record exempt from public access under section 22.7 but shall
27be made available by the clerk of the district court upon court
28order.
295. Notwithstanding section 692.2, after receipt of
30notice from the clerk of the district court that a record of
31conviction has been expunged under subsection 1, the record
32of conviction shall be removed from the criminal history data
33files maintained by the department of public safety if such a
34record was maintained in the criminal history data files.
356. The supreme court may prescribe rules governing the
-2-1procedures applicable to the expungement of a criminal case
2under this section.
37. This section applies to a misdemeanor conviction that
4occurred prior to, on, or after July 1, 2018.
5DIVISION II
6ROBBERY
7 Sec. 2. NEW SECTION. 702.26 Simulated firearm.
8“Simulated firearm” means a device which is not a firearm,
9but which is expressly represented to be a firearm, or
10an object which is not a firearm but which is impliedly
11represented to be a firearm and which under the circumstances
12would lead a reasonable person to believe it to be a firearm.
13 Sec. 3. NEW SECTION. 702.27 Simulated explosive.
14“Simulated explosive” means a device which is not an
15explosive, but which is expressly represented to be an
16explosive, or a device which is not an explosive but is
17impliedly represented to be an explosive and which by its
18appearance would lead a reasonable person to believe it to be
19an explosive.
20 Sec. 4. Section 711.2, Code 2018, is amended to read as
21follows:
22711.2 Robbery in the first degree.
23A person commits robbery in the first degree when, while
24perpetrating a robbery, the person purposely inflicts or
25attempts to inflict serious injury, or is armed with a
26dangerous weapon, simulated firearm, or simulated explosive.
27Robbery in the first degree is a class “B” felony.
28 Sec. 5. Section 711.3, Code 2018, is amended to read as
29follows:
30711.3 Robbery in the second degree.
31All robbery which is not robbery in the first degree is
32robbery in the second degree, except as provided in section
33711.3A. Robbery in the second degree is a class “C” felony.
34 Sec. 6. Section 901.11, Code 2018, is amended by adding the
35following new subsection:
-3-1 NEW SUBSECTION. 2A. At the time of sentencing, the court
2shall determine when a person convicted of robbery in the first
3degree as described in section 902.12, subsection 2A, shall
4first become eligible for parole or work release within the
5parameters specified in section 902.12, subsection 2A, based
6upon all pertinent information including the person’s criminal
7record, a validated risk assessment, and the negative impact
8the offense has had on the victim or other persons.
9 Sec. 7. Section 902.12, subsection 1, paragraph e, Code
102018, is amended to read as follows:
11e. Robbery in the first or second degree in violation of
12section 711.2 or 711.3, except as determined in subsection 3.
13 Sec. 8. Section 902.12, Code 2018, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 2A. a. A person serving a sentence for
16a conviction for robbery in the first degree in violation of
17section 711.2 for a conviction that occurs on or after July 1,
182018, shall be denied parole or work release until the person
19has served between one-half and seven-tenths of the maximum
20term of the person’s sentence as determined under section
21901.11, subsection 2A.
22b. Notwithstanding section 902.12, subsection 1, paragraph
23“e”, Code 2018, if a person is serving a sentence for robbery in
24the first degree in violation of section 711.2 for a conviction
25that occurs prior to July 1, 2018, the person shall be denied
26parole or work release until the person has served between
27one-half and seven-tenths of the maximum term of the person’s
28sentence as determined by the board of parole based upon the
29person’s criminal record, a validated risk assessment, and the
30negative impact the offense has had on the victim or other
31persons.
32 Sec. 9. REPEAL. Section 711.3A, Code 2018, is repealed.
33DIVISION III
34PROPERTY CRIMES — VALUE
35 Sec. 10. Section 712.3, Code 2018, is amended to read as
-4-1follows:
2712.3 Arson in the second degree.
3Arson which is not arson in the first degree is arson in the
4second degree when the property which is the subject of the
5arson is a building or a structure, or real property of any
6kind, or standing crops, or is personal property the value of
7which exceeds five seven hundred fifty dollars. Arson in the
8second degree is a class “C” felony.
9 Sec. 11. Section 714.2, Code 2018, is amended to read as
10follows:
11714.2 Degrees of theft.
121. The theft of property exceeding ten thousand dollars in
13value, or the theft of property from the person of another, or
14from a building which has been destroyed or left unoccupied
15because of physical disaster, riot, bombing, or the proximity
16of battle, or the theft of property which has been removed from
17a building because of a physical disaster, riot, bombing, or
18the proximity of battle, is theft in the first degree. Theft
19in the first degree is a class “C” felony.
202. The theft of property exceeding one thousand five
21hundred dollars but not exceeding ten thousand dollars in value
22or theft of a motor vehicle as defined in chapter 321 not
23exceeding ten thousand dollars in value, is theft in the second
24degree. Theft in the second degree is a class “D” felony.
25However, for purposes of this subsection, “motor vehicle” does
26not include a motorized bicycle as defined in section 321.1,
27subsection 40, paragraph “b”.
283. The theft of property exceeding five seven hundred fifty
29 dollars but not exceeding one thousand five hundred dollars in
30value, or the theft of any property not exceeding five hundred
31dollars in value by one who has before been twice convicted of
32theft, is theft in the third degree. Theft in the third degree
33is an aggravated misdemeanor.
344. The theft of property exceeding two three hundred dollars
35in value but not exceeding five seven hundred fifty dollars
-5-1in value is theft in the fourth degree. Theft in the fourth
2degree is a serious misdemeanor.
35. The theft of property not exceeding two three hundred
4dollars in value is theft in the fifth degree. Theft in the
5fifth degree is a simple misdemeanor.
6 Sec. 12. Section 714.3A, subsection 1, Code 2018, is amended
7to read as follows:
81. A person commits aggravated theft when the person commits
9an assault as defined in section 708.1, subsection 2, paragraph
10“a”, that is punishable as a simple misdemeanor under section
11708.2, subsection 6, after the person has removed or attempted
12to remove property not exceeding two three hundred dollars in
13value which has not been purchased from a store or mercantile
14establishment, or has concealed such property of the store or
15mercantile establishment, either on the premises or outside the
16premises of the store or mercantile establishment.
17 Sec. 13. Section 714.7B, subsection 6, paragraphs a and b,
18Code 2018, are amended to read as follows:
19a. A simple misdemeanor if the value of the goods, wares, or
20merchandise does not exceed two three hundred dollars.
21b. A serious misdemeanor if the value of the goods, wares,
22or merchandise exceeds two three hundred dollars.
23 Sec. 14. Section 714.10, subsection 1, Code 2018, is amended
24to read as follows:
251. Fraudulent practice in the second degree is the
26following:
27a. A fraudulent practice where the amount of money or value
28of property or services involved exceeds one thousand five
29hundred dollars but does not exceed ten thousand dollars.
30b. A fraudulent practice where the amount of money or
31value of property or services involved does not exceed one
32thousand five hundred dollars by one who has been convicted of
33a fraudulent practice twice before.
34 Sec. 15. Section 714.11, subsection 1, paragraph a, Code
352018, is amended to read as follows:
-6- 1a. A fraudulent practice where the amount of money or value
2of property or services involved exceeds five seven hundred
3fifty dollars but does not exceed one thousand five hundred
4 dollars.
5 Sec. 16. Section 714.12, Code 2018, is amended to read as
6follows:
7714.12 Fraudulent practice in the fourth degree.
81. Fraudulent practice in the fourth degree is a fraudulent
9practice where the amount of money or value of property or
10services involved exceeds two three hundred dollars but does
11not exceed five seven hundred fifty dollars.
122. Fraudulent practice in the fourth degree is a serious
13misdemeanor.
14 Sec. 17. Section 714.13, Code 2018, is amended to read as
15follows:
16714.13 Fraudulent practice in the fifth degree.
171. Fraudulent practice in the fifth degree is a fraudulent
18practice where the amount of money or value of property or
19services involved does not exceed two three hundred dollars.
202. Fraudulent practice in the fifth degree is a simple
21misdemeanor.
22 Sec. 18. Section 715A.6, subsection 2, paragraphs b and c,
23Code 2018, are amended to read as follows:
24b. If the value of the property or services secured or
25sought to be secured by means of the credit card is greater
26than one thousand five hundred dollars but not more than ten
27thousand dollars, an offense under this section is a class “D”
28felony.
29c. If the value of the property or services secured
30or sought to be secured by means of the credit card is one
31thousand five hundred dollars or less, an offense under this
32section is an aggravated misdemeanor.
33 Sec. 19. Section 715A.8, subsection 3, paragraphs b and c,
34Code 2018, are amended to read as follows:
35b. If the value of the credit, property, services, or other
-7-1benefit exceeds one thousand five hundred dollars but does not
2exceed ten thousand dollars, the person commits a class “D”
3felony.
4c. If the value of the credit, property, services, or other
5benefit does not exceed one thousand five hundred dollars, the
6person commits an aggravated misdemeanor.
7 Sec. 20. Section 716.4, subsection 1, Code 2018, is amended
8to read as follows:
91. Criminal mischief is criminal mischief in the second
10degree if the cost of replacing, repairing, or restoring the
11property that is damaged, defaced, altered, or destroyed
12exceeds one thousand five hundred dollars but does not exceed
13ten thousand dollars.
14 Sec. 21. Section 716.5, subsection 1, paragraph a, Code
152018, is amended to read as follows:
16a. The cost of replacing, repairing, or restoring the
17property that is damaged, defaced, altered, or destroyed
18exceeds five seven hundred fifty dollars, but does not exceed
19one thousand five hundred dollars.
20 Sec. 22. Section 716.6, subsection 1, paragraph a,
21subparagraph (1), Code 2018, is amended to read as follows:
22(1) The cost of replacing, repairing, or restoring the
23property that is damaged, defaced, altered, or destroyed
24exceeds two three hundred dollars, but does not exceed five
25 seven hundred fifty dollars.
26 Sec. 23. Section 716.8, subsections 2 and 4, Code 2018, are
27amended to read as follows:
282. Any person committing a trespass as defined in section
29716.7, other than a trespass as defined in section 716.7,
30subsection 2, paragraph “a”, subparagraph (6), which results in
31injury to any person or damage in an amount more than two three
32 hundred dollars to anything, animate or inanimate, located
33thereon or therein commits a serious misdemeanor.
344. A person committing a trespass as defined in section
35716.7 with the intent to commit a hate crime which results in
-8-1injury to any person or damage in an amount more than two three
2 hundred dollars to anything, animate or inanimate, located
3thereon or therein commits an aggravated misdemeanor.
4 Sec. 24. Section 716.10, subsection 2, paragraphs d, e, f,
5and g, Code 2018, are amended to read as follows:
6d. A person commits railroad vandalism in the fourth degree
7if the person intentionally commits railroad vandalism which
8results in property damage which costs ten thousand dollars
9or less but more than one thousand five hundred dollars to
10replace, repair, or restore. Railroad vandalism in the fourth
11degree is a class “D” felony.
12e. A person commits railroad vandalism in the fifth degree
13if the person intentionally commits railroad vandalism which
14results in property damage which costs more than five seven
15 hundred fifty dollars but does not exceed one thousand five
16hundred dollars to replace, repair, or restore. Railroad
17vandalism in the fifth degree is an aggravated misdemeanor.
18f. A person commits railroad vandalism in the sixth degree
19if the person intentionally commits railroad vandalism which
20results in property damage which costs more than one three
21 hundred dollars but does not exceed five seven hundred fifty
22 dollars to replace, repair, or restore. Railroad vandalism in
23the sixth degree is a serious misdemeanor.
24g. A person commits railroad vandalism in the seventh
25degree if the person intentionally commits railroad vandalism
26which results in property damage which costs one three hundred
27dollars or less to replace, repair, or restore. Railroad
28vandalism in the seventh degree is a simple misdemeanor.
29 Sec. 25. Section 716A.2, subsection 2, paragraph b, Code
302018, is amended to read as follows:
31b. The revenue generated from a specific unsolicited bulk
32electronic mail transmission exceeds one thousand five hundred
33 dollars or the total revenue generated from all unsolicited
34bulk electronic mail transmitted to any electronic mail service
35provider by the person exceeds fifty thousand dollars.
-9-1DIVISION IV
2REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS
3 Sec. 26. Section 124.412, Code 2018, is amended to read as
4follows:
5124.412 Notice of conviction.
6If a person enters a plea of guilty to, or forfeits bail
7or collateral deposited to secure the person’s appearance in
8court, and such forfeiture is not vacated, or if a person
9is found guilty upon an indictment or information alleging a
10violation of this chapter, a copy of the minutes attached to
11the indictment returned by the grand jury, or to the county
12attorney’s information, a copy of the judgment and sentence,
13and a copy of the opinion of the judge if one is filed, shall
14be sent by the clerk of the district court or the judge to
15the state department of transportation and to any state board
16or officer by whom the convicted person has been licensed or
17registered to practice the person’s profession or carry on
18the person’s business. On the conviction of a person, the
19court may suspend or revoke the license or registration of the
20convicted defendant to practice the defendant’s profession
21or carry on the defendant’s business. On the application of
22a person whose license or registration has been suspended or
23revoked, and upon proper showing and for good cause, the board
24or officer may reinstate the license or registration.
25 Sec. 27. Section 321.212, subsection 1, paragraph d, Code
262018, is amended by striking the paragraph.
27 Sec. 28. Section 321.215, subsection 1, paragraph b, Code
282018, is amended to read as follows:
29b. However, a temporary restricted license shall not be
30issued to a person whose license is revoked pursuant to a court
31order issued under section 901.5, subsection 10, or under
32section 321.209, subsections 1 through 5 or subsection 7; to a
33juvenile whose license has been suspended or revoked pursuant
34to a dispositional order under section 232.52, subsection
352, paragraph “a”, for a violation of chapter 124 or 453B or
-10-1section 126.3; to a juvenile whose license has been suspended
2under section 321.213B; or to a person whose license has been
3suspended pursuant to a court order under section 714.7D. A
4temporary restricted license may be issued to a person whose
5license is revoked under section 321.209, subsection 6, only
6if the person has no previous drag racing convictions. A
7person holding a temporary restricted license issued by the
8department under this section shall not operate a motor vehicle
9for pleasure.
10 Sec. 29. Section 321.215, subsection 2, unnumbered
11paragraph 1, Code 2018, is amended to read as follows:
12Upon conviction and the suspension or revocation of a
13person’s noncommercial driver’s license under section 321.209,
14subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
15or upon revocation pursuant to a court order issued under
16section 901.5, subsection 10; or upon the denial of issuance
17of a noncommercial driver’s license under section 321.560,
18based solely on offenses enumerated in section 321.555,
19subsection 1, paragraph “c”, or section 321.555, subsection
202; or upon suspension or revocation of a juvenile’s driver’s
21license pursuant to a dispositional order under section 232.52,
22subsection 2, paragraph “a”, for a violation of chapter 124
23or 453B, or section 126.3; or upon suspension of a driver’s
24license pursuant to a court order under section 714.7D, the
25person may apply to the department for a temporary restricted
26license to operate a motor vehicle for the limited purpose or
27purposes specified in subsection 1. The application may be
28granted only if all of the following criteria are satisfied:
29 Sec. 30. Section 321.215, subsection 2, paragraph c, Code
302018, is amended to read as follows:
31c. Proof of financial responsibility is established as
32defined in chapter 321A. However, such proof is not required
33if the driver’s license was suspended under section 321.210A
34or 321.513 or revoked pursuant to a court order issued under
35section 901.5, subsection 10.
-11-1 Sec. 31. Section 321.218, subsection 1, Code 2018, is
2amended to read as follows:
31. A person whose driver’s license or operating privilege
4has been denied, canceled, suspended, or revoked as provided
5in this chapter or as provided in section 252J.8 or section
6901.5, subsection 10, and who operates a motor vehicle upon
7the highways of this state while the license or privilege
8is denied, canceled, suspended, or revoked, commits a
9simple misdemeanor. In addition to any other penalties, the
10punishment imposed for a violation of this subsection shall
11include assessment of a fine of not less than two hundred fifty
12dollars nor more than one thousand five hundred dollars.
13 Sec. 32. Section 321A.17, subsection 4, Code 2018, is
14amended to read as follows:
154. An individual applying for a driver’s license following a
16period of suspension or revocation pursuant to a dispositional
17order issued under section 232.52, subsection 2, paragraph
18“a”, or under section 321.180B, section 321.210, subsection
191, paragraph “a”, subparagraph (4), or section 321.210A,
20321.213A, 321.213B, 321.216B, or 321.513, following a period
21of suspension or revocation under section 321.178 or 321.194,
22or following a period of revocation pursuant to a court order
23issued under section 901.5, subsection 10, or under section
24321J.2A, is not required to maintain proof of financial
25responsibility under this section.
26 Sec. 33. Section 901.5, subsection 10, Code 2018, is amended
27by striking the subsection.
28 Sec. 34. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s
29driver’s license suspended or revoked pursuant to section
30901.5, subsection 10, prior to the effective date of this Act,
31shall be reinstated, if the defendant is otherwise eligible for
32a driver’s license.
33 Sec. 35. CONTINGENT EFFECTIVE DATE. This division of this
34Act takes effect on the date the governor submits to the United
35States secretary of transportation a written certification
-12-1that the governor is opposed to the enforcement in this state
2of a law described in 23 U.S.C. §159(a)(3)(A) and a written
3certification that the general assembly has adopted a joint
4resolution expressing its opposition to the same, in accordance
5with 23 U.S.C. §159(a)(3)(B). The office of the governor shall
6notify the Code editor upon submission of the certifications
7described in this section.
8DIVISION V
9theft, fraud, and forgery revisionS
10 Sec. 36. NEW SECTION. 714.2A Consolidation of theft
11offenses.
12For purposes of charging a person with theft, any conduct
13specified as theft in section 714.1, subsections 1 through 10,
14constitutes a single offense of theft embracing the separated
15offenses of theft known as taking, misappropriation, theft by
16deception, possession or receipt of stolen property, fraudulent
17conversion, check fraud, theft from a public utility, unlawful
18access to a computer, theft of video rental property, and other
19similar offenses related to theft. An accusation of theft may
20be supported by evidence that it was committed in any manner
21that would be theft under sections 714.1, subsections 1 through
2210, notwithstanding the specification of a different manner
23in the complaint, indictment, or information, subject only
24to the power of the court to ensure a fair trial by granting
25a continuance or other appropriate relief where the conduct
26of the defense would be prejudiced by lack of fair notice or
27surprise.
28 Sec. 37. Section 715A.2, subsection 2, paragraph a, Code
292018, is amended by adding the following new subparagraph:
30 NEW SUBPARAGRAPH. (5) A document issued by a department,
31agency, board, or commission in this state used as evidence of
32authorized stay or employment in the United States.
33 Sec. 38. Section 715A.2A, subsection 1, paragraphs a and b,
34Code 2018, are amended to read as follows:
35a. Hires a person when the employer or an agent or employee
-13-1of the employer knows that the document evidencing the person’s
2authorized stay or employment in the United States is in
3violation of section 715A.2, subsection 2, paragraph “a”,
4subparagraph (4) or (5), or knows that the person is not
5authorized to be employed in the United States.
6b. Continues to employ a person when the employer or an
7agent or employee of the employer knows that the document
8evidencing the person’s authorized stay or employment in the
9United States is in violation of section 715A.2, subsection 2,
10paragraph “a”, subparagraph (4) or (5), or knows that the person
11is not authorized to be employed in the United States.
12 Sec. 39. Section 802.5, Code 2018, is amended to read as
13follows:
14802.5 Extension for fraud, fiduciary breach.
151. If the periods prescribed in sections 802.3 and 802.4
16have expired, prosecution may nevertheless be commenced for
17any offense a material element of which is either fraud or a
18breach of fiduciary obligation within one year after actual
19 discovery of the offense and the offender’s involvement in the
20offense by an aggrieved party or by a person who has legal duty
21to represent an aggrieved party and who is not a party to the
22offense, but in no case shall this provision extend the period
23of limitation otherwise applicable by more than three five
24 years.
252. A prosecution may be commenced under this section as
26long as the appropriate law enforcement agency has not delayed
27the investigation in bad faith. This subsection shall not be
28construed to require a law enforcement agency to pursue an
29unknown offender with due diligence.
30DIVISION VI
31criminal proceedings
32 Sec. 40. NEW SECTION. 701.12 Reference to victim in
33criminal proceeding.
34In a criminal prosecution, the prosecuting attorney or
35a witness may refer to a person using the term “victim”
-14-1during any criminal proceeding including at trial, if there
2is sufficient evidence to support a finding that the person
3referred to as the victim meets the definition of a victim in
4section 915.10. A conviction shall not be reversed on appeal
5based upon a reference or references to a person as a victim
6during a criminal proceeding, if there is sufficient evidence
7in the record to support a finding that the person meets the
8definition of victim in section 915.10.
9 Sec. 41. Section 814.6, subsection 1, paragraph a, Code
102018, is amended to read as follows:
11a. A final judgment of sentence, except in case of the
12following cases:
13(1) Asimple misdemeanor and ordinance violation
14convictions conviction.
15(2) An ordinance violation.
16(3) A conviction where the defendant has pled guilty. This
17subparagraph does not apply to a guilty plea for a class “A”
18felony.
19 Sec. 42. Section 814.6, subsection 2, Code 2018, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. f. An order denying a motion in arrest of
22judgment on grounds other than an ineffective assistance of
23counsel claim.
24 Sec. 43. Section 814.7, Code 2018, is amended to read as
25follows:
26814.7 Ineffective assistance claim on appeal in a criminal
27case.
281. An ineffective assistance of counsel claim in a
29criminal case shall be determined by filing an application
30for postconviction relief pursuant to chapter 822, except as
31otherwise provided in this section. The claim need not be
32raised on direct appeal from the criminal proceedings in order
33to preserve the claim for postconviction relief purposes,
34and the claim shall not be decided on direct appeal from the
35criminal proceedings.
-15- 12. A party may, but is not required to, raise an ineffective
2assistance claim on direct appeal from the criminal proceedings
3if the party has reasonable grounds to believe that the record
4is adequate to address the claim on direct appeal.
53. If an ineffective assistance of counsel claim is raised
6on direct appeal from the criminal proceedings, the court may
7decide the record is adequate to decide the claim or may choose
8to preserve the claim for determination under chapter 822.
9 Sec. 44. NEW SECTION. 814.28 General verdicts.
10When the prosecution relies on multiple or alternative
11theories to prove the commission of a public offense, a jury
12may return a general verdict. If the jury returns a general
13verdict, an appellate court shall not set aside or reverse such
14a verdict on the basis of a defective or insufficient theory
15if one or more of the theories presented and described in the
16complaint, information, or indictment is sufficient to sustain
17the verdict on at least one count.
18 Sec. 45. NEW SECTION. 814.29 Guilty pleas — challenges.
19If a defendant challenges a guilty plea based on an alleged
20defect in the plea proceedings, the plea shall not be vacated
21unless the defendant demonstrates that the defendant more
22likely than not would not have pled guilty if the defect had
23not occurred. The burden applies whether the challenge is
24made through a motion in arrest of judgment or on appeal. Any
25provision in the Iowa rules of criminal procedure that are
26inconsistent with this section shall have no legal effect.
27 Sec. 46. Section 822.6, unnumbered paragraph 1, Code 2018,
28is amended to read as follows:
29Within thirty days after the docketing of the application,
30or within any further time the court may fix, the state shall
31respond by answer or by motion which may be supported by
32affidavits. At any time prior to entry of judgment the court
33may grant leave to withdraw the application. The court may
34make appropriate orders for amendment of the application or
35any pleading or motion, for pleading over, for filing further
-16-1pleadings or motions, or for extending the time of the filing
2of any pleading. In considering the application the court
3shall take account of substance regardless of defects of form.
4If the application is not accompanied by the record of the
5proceedings challenged therein, the respondent shall file with
6its answer the record or portions thereof that are material to
7the questions raised in the application.
8 Sec. 47. NEW SECTION. 822.10A Underlying criminal offense.
9The court file containing the conviction for which an
10applicant seeks postconviction relief shall be part of the
11record in any action under this chapter. Upon the filing
12of an application for postconviction relief pursuant to
13section 822.3, the clerk of the district court shall make the
14underlying criminal file records accessible to the applicant,
15county attorney, and attorney general. If the criminal file
16records are not available in electronic format, the clerk of
17the district court shall convert the records to an electronic
18format and make the records available to the applicant, county
19attorney, and attorney general.
20DIVISION VII
21STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND
22INVESTIGATIONS
23 Sec. 48. Section 331.802, subsection 5, Code 2018, is
24amended by adding the following new paragraphs:
25 NEW PARAGRAPH. c. In formulating findings and conclusions
26regarding the cause and manner of death, the state medical
27examiner or county medical examiner shall be allowed to rely
28upon and include in the report referred to in subsection 2,
29paragraph “a”, any information provided by the county attorney
30or law enforcement agency to the medical examiner making the
31autopsy.
32 NEW PARAGRAPH. d. The state medical examiner or county
33medical examiner may rely upon and consider statements by
34witnesses or other persons for purposes of developing a
35clinical history of the decedent that preceded death when
-17-1formulating findings and conclusions on the cause and manner of
2death. A court shall not exclude a medical examiner’s opinion
3as to the cause of death on the basis that the medical examiner
4relied on out-of-court statements in forming that opinion, and
5such an opinion shall not constitute reversible error.
6 Sec. 49. Section 331.802, subsection 6, Code 2018, is
7amended to read as follows:
86. a. The report of an investigation made by the state
9medical examiner or a county medical examiner and the record
10and report of an autopsy made under this section or chapter
11691, shall be received as evidence in any court or other
12proceedings, except that statements by witnesses or other
13persons and conclusions on extraneous matters included in the
14report are not admissible including any findings of the state
15medical examiner or county medical examiner and any information
16provided by a prosecuting attorney or law enforcement agency,
17if the information is admissible under the Iowa rules of
18evidence or have otherwise been substantially admitted into
19evidence. The person preparing a report or record given
20in evidence may be subpoenaed as a witness in any civil or
21criminal case by any party to the cause. A copy of a record,
22photograph, laboratory finding, or record in the office of the
23state medical examiner or any medical examiner, when attested
24to by the state medical examiner or a staff member or the
25medical examiner in whose office the record, photograph, or
26finding is filed, shall be received as evidence in any court
27or other proceedings for any purpose for which the original
28could be received without proof of the official character of
29the person whose name is signed to it.
30b. The state medical examiner and county medical examiner
31may rely upon and consider statements by witnesses or other
32persons for purposes of developing a clinical history of the
33decedent that preceded death when formulating findings and
34conclusions on the cause and manner of death.
35 Sec. 50. NEW SECTION. 691.5A Investigations.
-18- 1In lieu of conducting an investigation pursuant to this
2chapter, the state medical examiner may rely exclusively upon
3the findings of the county medical examiner, county attorney,
4or a law enforcement agency.
5DIVISION VIII
6CRIMINAL PENALTIES
7 Sec. 51. Section 124.401, subsection 5, Code 2018, is
8amended to read as follows:
95. a. (1) It is unlawful for any person knowingly or
10intentionally to possess a controlled substance unless such
11substance was obtained directly from, or pursuant to, a valid
12prescription or order of a practitioner while acting in the
13course of the practitioner’s professional practice, or except
14as otherwise authorized by this chapter. Any person who
15violates this subsection is guilty of a serious misdemeanor
16for a first offense. A person who commits a violation of
17this subsection and who has previously been convicted of
18violating this chapter or chapter 124B or 453B, or chapter
19124A as it existed prior to July 1, 2017, is guilty of an
20aggravated misdemeanor. A person who commits a violation of
21this subsection and has previously been convicted two or more
22times of violating this chapter or chapter 124B or 453B, or
23chapter 124A as it existed prior to July 1, 2017, is guilty of a
24class “D” felony.
25(2) If the controlled substance is marijuana, the
26punishment shall be by imprisonment in the county jail for
27not more than six months or by a fine of not more than one
28thousand dollars, or by both such fine and imprisonment for a
29first offense. If the controlled substance is marijuana and
30the person has been previously convicted of a violation of this
31subsection in which the controlled substance was marijuana, the
32punishment shall be as provided in section 903.1, subsection
331, paragraph “b”. If the controlled substance is marijuana
34and the person has been previously convicted two or more times
35of a violation of this subsection in which the controlled
-19-1substance was marijuana, the person is guilty of an aggravated
2misdemeanor.
3(3) Convictions or the equivalent of deferred judgments for
4violations in any other states under statutes substantially
5corresponding to this paragraph “a” shall be counted as previous
6offenses. The courts shall judicially notice the statutes of
7other states which define offenses substantially equivalent to
8the offenses defined in this paragraph “a” and can therefore
9be considered corresponding statutes. Each previous violation
10on which conviction or deferral of judgment was entered prior
11to the date of the violation charged shall be considered and
12counted as a separate previous offense.
13c. All or any part of a sentence imposed pursuant to
14this subsection may be suspended and the person placed upon
15probation upon such terms and conditions as the court may
16impose including the active participation by such person in a
17drug treatment, rehabilitation or education program approved
18by the court.
19d. If a person commits a violation of this subsection, the
20court shall order the person to serve a term of imprisonment of
21not less than forty-eight hours. Any sentence imposed may be
22suspended, and the court shall place the person on probation
23upon such terms and conditions as the court may impose. If
24the person is not sentenced to confinement under the custody
25of the director of the department of corrections, the terms
26and conditions of probation shall require submission to random
27drug testing. If the person fails a drug test, the court may
28transfer the person’s placement to any appropriate placement
29permissible under the court order.
30e. If the controlled substance is amphetamine, its salts,
31isomers, or salts of its isomers, or methamphetamine, its
32salts, isomers, or salts of its isomers, the court shall order
33the person to serve a term of imprisonment of not less than
34forty-eight hours. Any sentence imposed may be suspended,
35and the court shall place the person on probation upon such
-20-1terms and conditions as the court may impose. The court may
2place the person on intensive probation. However, the terms
3and conditions of probation shall require submission to random
4drug testing. If the person fails a drug test, the court may
5transfer the person’s placement to any appropriate placement
6permissible under the court order.
7 Sec. 52. Section 707.6A, subsection 2, Code 2018, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. c. Exceeding the speed limit by twenty-five
10miles per hour or more, in violation of section 321.285,
11321.290, 321.293, or 321.295, if the death of the other person
12directly or indirectly results from the violation of section
13321.285, 321.290, 321.293, or 321.295.
14 Sec. 53. Section 901.11, Code 2018, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 4. At the time of sentencing, the court
17shall determine when a person convicted of arson in the first
18degree as described in section 902.12, subsection 4, shall
19first become eligible for parole or work release within the
20parameters specified in section 902.12, subsection 3, based
21upon all pertinent information including the person’s criminal
22record, a validated risk assessment, and the negative impact
23the offense has had on the victim or other persons.
24 Sec. 54. Section 902.12, Code 2018, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 4. A person serving a sentence for a
27conviction for arson in the first degree in violation of
28section 712.2 that occurs on or after July 1, 2018, shall
29be denied parole or work release until the person has served
30between one-half and seven-tenths of the maximum term of
31the person’s sentence as determined under section 901.11,
32subsection 4.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-21- 1This bill modifies criminal code provisions relating to
2criminal records, penalties, prosecutions, appeals, driving
3privileges, and postconviction relief, and including effective
4date provisions.
5DIVISION I — EXPUNGEMENT. This division relates to the
6expungement of records of certain misdemeanor offenses.
7The term “expunged” means the court’s criminal record with
8reference to a deferred judgment or any other criminal record
9has been segregated in a secure area or database which is
10exempted from public access.
11A person shall not receive an expungement pursuant to the
12bill unless all court costs, fees, fines, and restitution and
13other financial obligations ordered by the court or assessed by
14the clerk of the district court have been paid.
15The division provides that upon the application of a
16defendant convicted of a misdemeanor, the court shall enter
17an order expunging the record of such criminal case, as a
18matter of law, if the defendant has established that more than
19eight years have passed since the date of the conviction,
20the defendant is not the subject of a protective order or
21a no-contact order, the defendant has no pending criminal
22charges, the defendant has not been subsequently convicted of
23or granted a deferred judgment for a criminal offense, other
24than a simple misdemeanor conviction under Code chapter 321 or
25of a similar local ordinance, and all court costs, fees, fines,
26and restitution and other financial obligations ordered by the
27court or assessed by the clerk of the district court have been
28paid.
29The division does not apply to the following misdemeanor
30offenses: simple misdemeanor convictions under Code sections
31123.46 (consumption or intoxication in public place) and
32123.47(3) (alcohol consumption by persons under legal
33age), because expungement procedures already exist for both
34offenses; convictions for dependent adult abuse under Code
35section 235B.20; convictions relating to operating a motor
-22-1vehicle with an invalid driver’s license under Code section
2321.218, 321A.32, or 321J.21; convictions for operating while
3intoxicated under Code section 321J.2; convictions of a sex
4offense as defined in Code section 692A.101; convictions for
5involuntary manslaughter under Code section 707.5; convictions
6for assault involving a dangerous weapon under Code section
7708.2(3); convictions for domestic abuse assault under Code
8section 708.2A; convictions for harassment under Code section
9708.7; convictions for stalking under Code section 708.11;
10convictions for removal of an officer’s communication or
11control device under Code section 708.12; convictions for
12trespass under Code section 716.8(3) or (4); convictions under
13Code chapter 717C (bestiality); convictions under Code chapter
14719 (obstructing justice); convictions under Code chapter 720
15(interference with judicial process); convictions under Code
16section 721.2 (nonfelonious conduct in office); convictions
17under Code section 721.10 (misuse of public records and files);
18convictions under Code section 723.1 (riot); convictions under
19Code chapter 724 (weapons); convictions under Code chapter 726
20(protections of the family and dependent persons); convictions
21under Code chapter 728 (obscenity); convictions under Code
22chapter 901A (sexually predatory offenses); a conviction for
23a comparable offense listed in 49 C.F.R. §383.51(b) (table
241), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s
25licenses); and any conviction under prior law of an offense
26comparable to an offense enumerated in the bill.
27The division prohibits a person from applying more than once
28for an expungement of the person’s record. However, the one
29application may request the expungement of records relating
30to more than one misdemeanor offense if the misdemeanor
31offenses arose from the same transaction or occurrence, and the
32application contains the misdemeanor offenses to be expunged.
33The division provides that the expunged record under the
34bill is a confidential record exempt from public access under
35Code section 22.7 but shall be made available by the clerk of
-23-1the district court upon court order.
2The division also provides that after receipt of notice from
3the clerk of the district court that a record of conviction has
4been expunged, the record of conviction shall be removed from
5the criminal history data files maintained by the department of
6public safety if such a record was maintained in the criminal
7history data files.
8The division provides that the supreme court may prescribe
9rules governing expungement procedures applicable to criminal
10cases pursuant to the division.
11The division applies to misdemeanor convictions that occur
12prior to, on, or after July 1, 2018.
13DIVISION II — ROBBERY. This division modifies the criminal
14offense of robbery in the first degree to include circumstances
15when a person commits a robbery with a simulated firearm or
16simulated explosive. Currently, a person commits robbery in
17the first degree when the person purposely inflicts or attempts
18to inflict serious injury, or is armed with a dangerous weapon.
19Robbery in the first degree is a class “B” felony. A person
20convicted of a class “B” felony shall also be denied parole or
21work release until the person has served at least 70 percent of
22the sentence pursuant to Code section 902.12.
23The division defines “simulated firearm” to mean a device
24which is not a firearm, but which is expressly represented to
25be a firearm, or an object which is not a firearm but which
26is impliedly represented to be a firearm and which under the
27circumstances would lead a reasonable person to believe it to
28be a firearm.
29Under the division, a simulated explosive means a device
30which is not an explosive, but which is expressly represented
31to be an explosive, or a device which is not an explosive but
32which is impliedly represented to be an explosive and which by
33its appearance would lead a reasonable person to believe it to
34be an explosive.
35The division provides that a person serving a sentence for
-24-1a conviction for robbery in the first degree for a conviction
2that occurs on or after July 1, 2018, shall serve between 50
3and 70 percent of a 25-year class “B” felony sentence prior
4to being eligible for parole or work release. In determining
5when the person is first eligible for parole or work release
6within such parameters, the sentencing court shall base its
7determination upon all pertinent information including the
8person’s criminal record, a validated risk assessment, and
9the negative impact the offense has had on the victim or
10other persons. The division provides that a person serving
11a sentence for a conviction of robbery in the first degree
12for a conviction that occurs prior to July 1, 2018, shall
13be denied parole or work release until the person has served
14between one-half and seven-tenths of the maximum term of the
15person’s sentence as determined by the board of parole based
16upon the person’s criminal record, a validated risk assessment,
17and the negative impact the offense has had on the victim or
18other persons. Under current law, such a person sentenced to
19confinement is required to serve at least 70 percent of the
2025-year maximum class “B” felony sentence prior to becoming
21eligible for parole or work release.
22The division does not modify the earned time provisions
23related to the commission of robbery in the first degree, as a
24person who commits robbery in the first degree is eligible for
25a reduction of sentence equal to fifteen eighty-fifths of a day
26for each day of good conduct by the person under Code section
27903A.2.
28Under current law and the division, felonious robbery is
29also classified as a “forcible felony” under Code section
30702.11, and a person convicted of felonious robbery is
31prohibited from receiving a suspended or deferred sentence or
32deferred judgment pursuant to Code section 907.3.
33The division repeals the offense of robbery in the third
34degree, an aggravated misdemeanor. A person commits robbery
35in the third degree when, while perpetrating a robbery, the
-25-1person commits a simple misdemeanor assault in violation of
2Code section 708.2(6).
3DIVISION III — PROPERTY CRIMES — VALUE. This division
4increases the value of damaged or stolen property or services
5necessary to commit certain levels of numerous criminal
6offenses.
7THEFT. The division increases the value of property
8necessary for a person to commit theft in the second degree
9from property exceeding $1,000 but not more than $10,000 to
10property exceeding $1,500 but not more than $10,000. Theft in
11the second degree is a class “D” felony.
12The division increases the value of property necessary for
13a person to commit theft in the third degree from property
14exceeding $500 but not more than $1,000 to property exceeding
15$750 but not more than $1,500. Theft in the third degree is an
16aggravated misdemeanor.
17The division increases the value of property necessary for
18a person to commit theft in the fourth degree from property
19exceeding $200 but not more than $500 to property exceeding
20$300 but not more than $750. Theft in the fourth degree is a
21serious misdemeanor.
22The division increases the value of property necessary for a
23person to commit theft in the fifth degree from property not
24exceeding $200 to property not exceeding $300. Theft in the
25fifth degree is a simple misdemeanor.
26AGGRAVATED THEFT. The division increases the value of
27property necessary for a person to commit aggravated theft from
28property not exceeding $200 to property not exceeding $300.
29Aggravated theft is an aggravated misdemeanor or a class “D”
30felony depending upon the circumstances of the crime. Under
31current law, a person commits aggravated theft when the person
32commits a simple assault after the person has removed or
33attempted to remove property not exceeding $200.
34THEFT DETECTION DEVICES — SHIELD OR REMOVAL. The division
35increases the value of property necessary for a person to
-26-1commit a serious misdemeanor for removal of a theft detection
2device from property exceeding $200 in value to property
3exceeding $300 in value. The division increases the value of
4property necessary for a person to commit a simple misdemeanor
5for removal of a theft detection device from property not
6exceeding $200 in value to property not exceeding $300 in
7value.
8FRAUDULENT PRACTICE. Fraudulent practice is defined in Code
9section 714.8. The division increases the value of property or
10services necessary for a person to commit fraudulent practice
11in the second degree from property or services exceeding $1,000
12but not more than $10,000 to property exceeding $1,500 but not
13more than $10,000. Fraudulent practice in the second degree
14is a class “D” felony.
15The division increases the value of property or services
16necessary for a person to commit fraudulent practice in the
17third degree from property or services exceeding $500 but not
18more than $1,000 to property or services exceeding $750 but not
19more than $1,500. Fraudulent practice in the third degree is
20an aggravated misdemeanor.
21The division increases the value of property or services
22necessary for a person to commit fraudulent practice in the
23fourth degree from property or services exceeding $200 but not
24more than $500 to property or services exceeding $300 but not
25more than $750. Fraudulent practice in the fourth degree is
26a serious misdemeanor.
27The division increases the value of property or services
28necessary for a person to commit fraudulent practice in the
29fifth degree from property or services not exceeding $200 to
30property or services not exceeding $300. Fraudulent practice
31in the fifth degree is a simple misdemeanor.
32CREDIT CARDS. Under current law, a person commits the class
33“D” felony offense of credit card fraud when a person illegally
34secures or seeks to secure property or services by means of
35a credit card and the value of the property or services is
-27-1greater than $1,000 but not more than $10,000. The division
2increases the minimum value of property or services necessary
3for a person to commit such a class “D” felony offense from
4$1,000 to $1,500.
5Under current law, a person commits the aggravated
6misdemeanor offense of credit card fraud when a person
7illegally secures or seeks to secure property or services
8by means of a credit card and the value of the property or
9services is $1,000 or less. The division increases the maximum
10value of property or services necessary for a person to commit
11such an aggravated misdemeanor offense from $1,000 to $1,500.
12IDENTITY THEFT. Under current law, a person commits
13the class “D” felony offense of identity theft when a
14person fraudulently uses or fraudulently attempts to use
15identification information of another person, with the intent
16to obtain credit, property, services, or other benefit, and
17the value of the credit, property, services, or other benefit
18exceeds $1,000 but does not exceed $10,000. The division
19increases the minimum value necessary for a person to commit
20such a class “D” felony offense from $1,000 to $1,500.
21Under current law, a person commits the aggravated
22misdemeanor offense of identity theft when a person
23fraudulently uses or fraudulently attempts to use
24identification information of another person, with the intent
25to obtain credit, property, or services, or other benefit, and
26the value of the credit, property, services, or other benefit
27exceeds $1,000 but does not exceed $10,000. The division
28increases the minimum value necessary for a person to commit
29such an aggravated misdemeanor offense from $1,000 to $1,500.
30CRIMINAL MISCHIEF. The division increases the value of
31damaged property that is necessary to commit criminal mischief
32in the second degree from damaged property exceeding $1,000 but
33not more than $10,000 to damaged property exceeding $1,500 but
34not more than $10,000. Criminal mischief in the second degree
35is a class “D” felony.
-28- 1The division increases the value of damaged property
2that is necessary to commit criminal mischief in the third
3degree from damaged property exceeding $500 but not more than
4$1,000 to damaged property exceeding $750 but not more than
5$1,500. Criminal mischief in the third degree is an aggravated
6misdemeanor.
7The division increases the value of damaged property
8that is necessary to commit criminal mischief in the fourth
9degree from damaged property exceeding $200 but not more than
10$500 to damaged property exceeding $300 but not more than
11$750. Criminal mischief in the fourth degree is a serious
12misdemeanor.
13The division increases the value of damaged property that
14is necessary to commit criminal mischief in the fifth degree
15from damaged property not exceeding $200 to damaged property
16not exceeding $300. Criminal mischief in the fifth degree is a
17simple misdemeanor.
18TRESPASS. The division increases the value of damaged
19property that is necessary to commit a serious misdemeanor
20trespass offense from damaged property of more than $200 to
21damaged property of more than $300.
22The division increases the value of damaged property that is
23necessary to commit an aggravated misdemeanor trespass offense
24involving a hate crime from damaged property of more than $200
25to damaged property of more than $300.
26RAILROAD VANDALISM. The division increases the value of
27damaged property that is necessary to commit railroad vandalism
28in the fourth degree from damaged property exceeding $1,000 but
29not more than $10,000 to damaged property exceeding $1,500 but
30not more than $10,000. Railroad vandalism in the fourth degree
31is a class “D” felony.
32The division increases the value of damaged property that
33is necessary to commit railroad vandalism in the fifth degree
34from damaged property exceeding $500 but not more than $1,000
35to damaged property exceeding $750 but not more than $1,500.
-29-1Railroad vandalism in the fifth degree is an aggravated
2misdemeanor.
3The division increases the value of damaged property
4that is necessary to commit railroad vandalism in the sixth
5degree from damaged property exceeding $200 but not more than
6$500 to damaged property exceeding $300 but not more than
7$750. Railroad vandalism in the sixth degree is a serious
8misdemeanor.
9The division increases the value of damaged property that is
10necessary to commit railroad vandalism in the seventh degree
11from damaged property not exceeding $200 to damaged property
12not exceeding $300. Railroad vandalism in the seventh degree
13is a simple misdemeanor.
14TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).
15 Under current law, a person commits the class “D” felony
16offense of transmission of unsolicited bulk email when the
17revenue generated from such a transmissions exceeds $1,000.
18The division increases the minimum value necessary for a
19person to commit such a class “D” felony offense from $1,000
20to $1,500.
21DIVISION IV — REVOCATION OF DRIVER’S LICENSE FOR
22DRUG-RELATED CONVICTIONS. Current law requires a court to
23order the department of transportation (DOT) to revoke a
24defendant’s driver’s license for 180 days if a defendant
25is sentenced for a controlled substance offense under Code
26section 124.401 (manufacturers, possessors, and counterfeit
27substances), 124.401A (enhanced penalty for manufacture or
28distribution on certain property), 124.402 (distributors,
29registrants, and proprietors), or 124.403 (distribution, use,
30possession, records, and information), a drug or drug-related
31offense under Code section 126.3 (prohibited acts related to
32drugs, devices, and cosmetics), or a controlled substance tax
33offense under Code chapter 453B. Current law also requires a
34court to send a copy of the order and a notice of the conviction
35to the DOT. The division strikes Code section 901.5(10)
-30-1revoking a defendant’s driver’s license for 180 days if the
2defendant is sentenced for a controlled substance offense for
3an offense under Code section 124.401, 124.401A, 124.402, or
4124.403.
5The division makes conforming Code changes to Code sections
6124.412, 321.212, 321.215, 321.218, and 321A.17.
7The division provides that a defendant’s driver’s license
8suspended or revoked pursuant to Code section 901.5(10) prior
9to the effective date of the division shall be reinstated if
10the defendant is otherwise eligible for a driver’s license.
11The division provides a contingent effective date specifying
12that the division takes effect on the date the governor submits
13to the United States secretary of transportation a written
14certification that the governor is opposed to the enforcement
15in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a
16written certification that the general assembly has adopted
17a joint resolution expressing its opposition to the same, in
18accordance with 23 U.S.C. §159(a)(3)(B). The division requires
19the office of the governor to notify the Code editor upon
20submission of the certifications.
21DIVISION V — THEFT, FRAUD, AND FORGERY REVISIONS.
22THEFT OFFENSES — CONSOLIDATION. The division creates new
23Code section 714.2A relating to the consolidation of theft
24offenses. The division provides that for purposes of charging
25a person with theft, any conduct specified as theft in Code
26section 714.1(1) through (10), constitutes a single offense
27of theft embracing the separated offenses of theft known as
28taking, misappropriation, theft by deception, possession or
29receipt of stolen property, fraudulent conversion, check fraud,
30theft from a public utility, unlawful access to a computer,
31theft of video rental property, and other similar offenses
32related to theft. An accusation of theft may be supported by
33evidence that it was committed in any manner that would be
34theft under Code section 714.1(1) through (10), notwithstanding
35the specification of a different manner of theft in the
-31-1complaint, indictment, or information, subject only to the
2power of the court to ensure a fair trial by granting a
3continuance or other appropriate relief where the conduct of
4the defense would be prejudiced by lack of fair notice or
5surprise.
6DEFINITION OF FORGERY. The division amends Code section
7715A.2(2) relating to forgery. Under the division, a person
8commits forgery when the person possesses a writing that is
9or purports to be a document issued by a department, agency,
10board, or commission in this state and used as evidence of
11authorized stay or employment in the United States. A person
12who forges such a document commits a class “D” felony. By
13amending the definition of forgery, the division also changes
14the circumstances under which an employer is subject to a
15civil penalty for hiring a person who commits such a forgery,
16pursuant to Code section 715A.2A (accommodation of forgery).
17STATUTE OF LIMITATIONS — FRAUD OR BREACH OF FIDUCIARY
18OBLIGATION. The division amends Code section 802.5 relating
19to extending the periods of time a prosecution may be brought
20against a person for any offense involving a material element
21of fraud or a breach of fiduciary obligation. Under current
22law, a prosecution may be brought within one year after
23discovery of the offense by an aggrieved party or by a person
24who has legal duty to represent an aggrieved party and who is
25not a party to the offense. The division specifies that the
26prosecution may be brought within one year of actual discovery
27of the offense and the offender’s involvement in the offense
28by an aggrieved party or by a person who has legal duty to
29represent an aggrieved party and who is not a party to the
30offense. The division also provides that a prosecution may be
31commenced under this Code section as long as a law enforcement
32agency has not delayed the investigation in bad faith, and does
33not require that a law enforcement agency pursue an unknown
34offender with due diligence.
35DIVISION VI — CRIMINAL PROCEEDINGS.
-32- 1REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division
2creates new Code section 701.12 relating to evidence in a
3criminal prosecution. Under the division, the prosecuting
4attorney or a witness may refer to a person using the term
5“victim” during any criminal proceeding including at trial,
6if there is sufficient evidence to support a finding that
7the person referenced as the victim meets the definition of
8a victim in Code section 915.10. A conviction shall not be
9reversed based upon a reference to a person as the victim
10during a criminal proceeding, if there is sufficient evidence
11to support a finding that the person referenced as the victim
12meets the definition of a victim in Code section 915.10.
13DEFENDANT RIGHT TO APPEAL. The division amends Code section
14814.6(1) by prohibiting the right to appeal to a defendant who
15has pled guilty to a criminal offense except this prohibition
16does not apply to a defendant who pleads guilty to a class “A”
17felony. The right to appeal means that an appellate court
18cannot deny a defendant’s statutory or constitutional right to
19have the defendant’s case reviewed on appeal.
20The division amends Code section 814.6(2) by specifying that
21discretionary review by an appellate court applies to an order
22denying a motion in arrest of judgment on grounds other than an
23ineffective assistance claim. Under current law, discretionary
24review applies to an order suppressing or admitting evidence,
25an order granting or denying a motion for a change of venue,
26an order denying probation, simple misdemeanor and ordinance
27violations, and an order raising a question of law important to
28the judiciary and the profession. Discretionary review is the
29process by which an appellate court may exercise its discretion
30to review specified matters not subject to appeal as a matter
31of right.
32INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The
33division amends Code section 814.7 relating to an ineffective
34assistance claim on appeal in a criminal case. The division
35prohibits an ineffective assistance claim being raised and
-33-1decided on direct appeal from the criminal proceedings. Under
2current law, such a claim may be raised on direct appeal from
3the criminal proceedings if the record at the trial level is
4sufficient. Generally, an ineffective assistance of counsel
5claim is raised on appeal by a criminal defendant alleging
6the defendant’s attorney was so incompetent it deprived the
7defendant the constitutional right to assistance of counsel.
8APPEALS FROM THE DISTRICT COURT — GENERAL VERDICT.
9 The division creates new Code section 814.28 relating to
10general verdicts. When the prosecution relies on multiple
11or alternative theories to prove the commission of a public
12offense, a jury may return a general verdict. If the jury
13returns a general verdict, the division specifies that a court
14shall not set aside or reverse such a verdict on the basis
15of a defective or insufficient theory if one or more of the
16theories presented and described in the complaint, information,
17or indictment is sufficient to sustain the verdict on at least
18one count.
19GUILTY PLEAS — CHALLENGES. If a defendant challenges a
20guilty plea based on an alleged defect in the plea proceedings,
21the division provides that the plea shall not be vacated unless
22the defendant demonstrates it is more likely than not that the
23defendant would not have pled guilty if the defect had not
24occurred. The burden applies whether the challenge is made
25by motion in arrest of judgment or in a challenge on appeal.
26Any provision in the Iowa rules of criminal procedure that are
27inconsistent with this provision shall have no legal effect.
28POSTCONVICTION RELIEF — RECORDS. The division creates new
29Code section 822.10A relating to postconviction procedure. The
30division provides that the court file containing the conviction
31for which the applicant seeks postconviction relief shall be
32part of the record in any action under Code chapter 822. Upon
33the filing of an application for postconviction relief pursuant
34to Code section 822.3, the clerk of the district court shall
35make the underlying criminal file accessible to the applicant,
-34-1county attorney, and attorney general. If the criminal file
2records are not available in electronic format, the division
3requires the clerk of the district court to convert the records
4to an electronic format and make the records available to the
5applicant, county attorney, and attorney general.
6POSTCONVICTION — RELIEF. The bill strikes a provision that
7requires the respondent to an application for postconviction
8relief, to file an answer to the application with relevant
9portions of the record of the proceedings being challenged, if
10the applicant fails to file the application without the record
11of the proceedings being challenged.
12DIVISION VII — STATE AND COUNTY MEDICAL EXAMINER DEATH
13REPORTS AND INVESTIGATIONS. Currently, the report of an
14investigation by the state medical examiner or county medical
15examiner and the record and report of an autopsy shall be
16received as evidence in court or other proceedings, except that
17statements by witnesses or other persons and conclusions on
18extraneous matters included in the report are inadmissible.
19The division provides that the report of an investigation made
20by the state medical examiner or county medical examiner shall
21be admissible in court including any findings of the state
22medical examiner or county medical examiner and any information
23provided by a county attorney or law enforcement agency, if
24the information is otherwise admissible under the Iowa rules
25of evidence.
26The division provides that in formulating findings and
27conclusions regarding the cause and manner of death, the state
28medical examiner or county medical examiner shall be allowed
29to rely upon and include in the report of an investigation
30any information provided to the medical examiner by a county
31attorney or law enforcement agency.
32Additionally, the state medical examiner or county
33medical examiner may also rely upon and consider statements
34by witnesses or other persons for purposes of developing a
35clinical history of the decedent that preceded death when
-35-1formulating findings and conclusions on the cause and manner of
2death. A court shall not exclude a medical examiner opinion
3as the cause of death on the basis that the examiner has
4considered out-of-court statements in forming that opinion, and
5such an opinion shall not constitute reversible error.
6The division also specifies that in lieu of conducting
7its own investigation, the state medical examiner may rely
8exclusively upon the findings of the county medical examiner,
9county attorney, or a law enforcement agency.
10DIVISION VIII — CRIMINAL PENALTIES.
11POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a
12person commits a first offense possession of a controlled
13substance the person commits a serious misdemeanor. If a
14person commits a second offense possession of a controlled
15substance and the person has previously been convicted of
16violating Code chapter 124 (controlled substances), Code
17chapter 124B (precursor substances), Code chapter 453B (excise
18tax on unlawful dealing), or Code chapter 124A (imitation
19controlled substances as it existed on July 1, 2017), the
20person commits an aggravated misdemeanor.
21Currently, if a person commits a first offense possession
22of marijuana, the offense is punishable by imprisonment in
23the county jail for not more than six months or by a fine
24of not more than $1,000, or by both. If a person commits a
25second offense possession of marijuana, the person commits
26a serious misdemeanor, and if a person commits a third or
27subsequent offense possession of marijuana, the person commits
28an aggravated misdemeanor.
29The division makes convictions or the equivalent of deferred
30judgments for violations in any other state count as a previous
31offense if the violation in the other state substantially
32corresponds with possession of controlled substance violations
33in this state, thus making a person with a conviction in
34another state more likely to be subject to enhanced penalties
35for possession of a controlled substance in this state under
-36-1Code section 124.401(5), as amended by the division. The
2division specifies that the court shall judicially notice the
3statutes of other states which define offenses substantially
4equivalent to possession of a controlled substance.
5HOMICIDE BY VEHICLE. The division provides that a person
6commits a class “C” felony when the person unintentionally
7causes the death of another when exceeding the speed limit by
825 miles per hour or more, in violation of Code section 321.285
9(speed restrictions), 321.290 (special restrictions), 321.293
10(local authorities may alter limits), or 321.295 (limitation
11on bridge or elevated structures), if the death of the other
12person directly or indirectly results from such a violation.
13Currently, a person who violates Code section 321.285
14commits a simple misdemeanor or a simple misdemeanor punishable
15as a scheduled fine under Code section 805.8A, a person who
16violates Code section 321.290 or 321.293 commits a simple
17misdemeanor, and a person who violates Code section 321.295
18commits a simple misdemeanor punishable as a scheduled fine of
19$50.
20ARSON IN THE FIRST DEGREE. The division requires an
21offender who commits the criminal offense of arson in the first
22degree to serve 50 to 70 percent of a 25-year class “B” felony
23sentence prior to being eligible for parole or work release.
24Under current law, such an offender is sentenced to confinement
25for 25 years but is eligible for parole upon entering prison.
26At the time of sentencing, the division provides that the
27court determine when a person convicted of arson in the first
28degree first becomes eligible for parole or work release within
29the parameters of 50 to 70 percent of the 25-year sentence,
30based upon all pertinent information including the person’s
31criminal record, a validated risk assessment, and the negative
32impact the offense has had on the victim or other persons. The
33division also makes arson in the first degree a category “B”
34sentence under Code section 903A.2, in effect increasing the
35length of the sentence by reducing the amount of earned time
-37-1such a person is eligible for during confinement from one and
2two-tenths of a day for each day of good conduct to fifteen
3eighty-fifths of a day for each day of good conduct.
-38-jm/rh
2records, penalties, prosecutions, appeals, driving
3privileges, and postconviction relief, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Expungement
3 Section 1. NEW SECTION. 901C.3 Misdemeanor — expungement.
41. Upon application of a defendant convicted of a
5misdemeanor offense, the court shall enter an order expunging
6the record of such a criminal case, as a matter of law, if
7the defendant has established that more than eight years
8have passed since the date of the conviction, the defendant
9is not the subject of a protective order or a no-contact
10order, the defendant has no pending criminal charges, the
11defendant has not been subsequently convicted of or granted a
12deferred judgment for any criminal offense, other than a simple
13misdemeanor conviction under chapter 321 or of a similar local
14ordinance, and all court costs, fees, fines, and restitution
15and other financial obligations ordered by the court or
16assessed by the clerk of the district court have been paid.
172. An expungement under this section shall not be entered
18for any of the following misdemeanor convictions:
19a. A conviction under section 123.46.
20b. A simple misdemeanor conviction under section 123.47,
21subsection 3.
22c. A conviction for dependent adult abuse under section
23235B.20.
24d. A conviction under section 321.218, 321A.32, or 321J.21.
25e. A conviction under section 321J.2.
26f. A conviction for a sex offense as defined in section
27692A.101.
28g. A conviction for involuntary manslaughter under section
29707.5.
30h. A conviction for assault under section 708.2, subsection
313.
32i. A conviction under section 708.2A.
33j. A conviction for harassment under section 708.7.
34k. A conviction for stalking under section 708.11.
35l. A conviction for removal of an officer’s communication or
-1-1control device under section 708.12.
2m. A conviction for trespass under section 716.8, subsection
33 or 4.
4n. A conviction under chapter 717C.
5o. A conviction under chapter 719.
6p. A conviction under chapter 720.
7q. A conviction under section 721.2.
8r. A conviction under section 721.10.
9s. A conviction under section 723.1.
10t. A conviction under chapter 724.
11u. A conviction under chapter 726.
12v. A conviction under chapter 728.
13w. A conviction under chapter 901A.
14x. A conviction for a comparable offense listed in 49 C.F.R.
15§383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4).
16y. A conviction under prior law of an offense comparable to
17an offense enumerated in this subsection.
183. A person shall only be allowed to apply for an
19expungement of a record under this section one time in
20the person’s lifetime. However, the one application may
21request the expungement of records relating to more than one
22misdemeanor offense if the misdemeanor offenses arose from the
23same transaction or occurrence, and the application contains
24the misdemeanor offenses to be expunged.
254. The expunged record under this section is a confidential
26record exempt from public access under section 22.7 but shall
27be made available by the clerk of the district court upon court
28order.
295. Notwithstanding section 692.2, after receipt of
30notice from the clerk of the district court that a record of
31conviction has been expunged under subsection 1, the record
32of conviction shall be removed from the criminal history data
33files maintained by the department of public safety if such a
34record was maintained in the criminal history data files.
356. The supreme court may prescribe rules governing the
-2-1procedures applicable to the expungement of a criminal case
2under this section.
37. This section applies to a misdemeanor conviction that
4occurred prior to, on, or after July 1, 2018.
5DIVISION II
6ROBBERY
7 Sec. 2. NEW SECTION. 702.26 Simulated firearm.
8“Simulated firearm” means a device which is not a firearm,
9but which is expressly represented to be a firearm, or
10an object which is not a firearm but which is impliedly
11represented to be a firearm and which under the circumstances
12would lead a reasonable person to believe it to be a firearm.
13 Sec. 3. NEW SECTION. 702.27 Simulated explosive.
14“Simulated explosive” means a device which is not an
15explosive, but which is expressly represented to be an
16explosive, or a device which is not an explosive but is
17impliedly represented to be an explosive and which by its
18appearance would lead a reasonable person to believe it to be
19an explosive.
20 Sec. 4. Section 711.2, Code 2018, is amended to read as
21follows:
22711.2 Robbery in the first degree.
23A person commits robbery in the first degree when, while
24perpetrating a robbery, the person purposely inflicts or
25attempts to inflict serious injury, or is armed with a
26dangerous weapon, simulated firearm, or simulated explosive.
27Robbery in the first degree is a class “B” felony.
28 Sec. 5. Section 711.3, Code 2018, is amended to read as
29follows:
30711.3 Robbery in the second degree.
31All robbery which is not robbery in the first degree is
32robbery in the second degree, except as provided in section
33711.3A. Robbery in the second degree is a class “C” felony.
34 Sec. 6. Section 901.11, Code 2018, is amended by adding the
35following new subsection:
-3-1 NEW SUBSECTION. 2A. At the time of sentencing, the court
2shall determine when a person convicted of robbery in the first
3degree as described in section 902.12, subsection 2A, shall
4first become eligible for parole or work release within the
5parameters specified in section 902.12, subsection 2A, based
6upon all pertinent information including the person’s criminal
7record, a validated risk assessment, and the negative impact
8the offense has had on the victim or other persons.
9 Sec. 7. Section 902.12, subsection 1, paragraph e, Code
102018, is amended to read as follows:
11e. Robbery in the first or second degree in violation of
12section 711.2 or 711.3, except as determined in subsection 3.
13 Sec. 8. Section 902.12, Code 2018, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 2A. a. A person serving a sentence for
16a conviction for robbery in the first degree in violation of
17section 711.2 for a conviction that occurs on or after July 1,
182018, shall be denied parole or work release until the person
19has served between one-half and seven-tenths of the maximum
20term of the person’s sentence as determined under section
21901.11, subsection 2A.
22b. Notwithstanding section 902.12, subsection 1, paragraph
23“e”, Code 2018, if a person is serving a sentence for robbery in
24the first degree in violation of section 711.2 for a conviction
25that occurs prior to July 1, 2018, the person shall be denied
26parole or work release until the person has served between
27one-half and seven-tenths of the maximum term of the person’s
28sentence as determined by the board of parole based upon the
29person’s criminal record, a validated risk assessment, and the
30negative impact the offense has had on the victim or other
31persons.
32 Sec. 9. REPEAL. Section 711.3A, Code 2018, is repealed.
33DIVISION III
34PROPERTY CRIMES — VALUE
35 Sec. 10. Section 712.3, Code 2018, is amended to read as
-4-1follows:
2712.3 Arson in the second degree.
3Arson which is not arson in the first degree is arson in the
4second degree when the property which is the subject of the
5arson is a building or a structure, or real property of any
6kind, or standing crops, or is personal property the value of
7which exceeds five seven hundred fifty dollars. Arson in the
8second degree is a class “C” felony.
9 Sec. 11. Section 714.2, Code 2018, is amended to read as
10follows:
11714.2 Degrees of theft.
121. The theft of property exceeding ten thousand dollars in
13value, or the theft of property from the person of another, or
14from a building which has been destroyed or left unoccupied
15because of physical disaster, riot, bombing, or the proximity
16of battle, or the theft of property which has been removed from
17a building because of a physical disaster, riot, bombing, or
18the proximity of battle, is theft in the first degree. Theft
19in the first degree is a class “C” felony.
202. The theft of property exceeding one thousand five
21hundred dollars but not exceeding ten thousand dollars in value
22or theft of a motor vehicle as defined in chapter 321 not
23exceeding ten thousand dollars in value, is theft in the second
24degree. Theft in the second degree is a class “D” felony.
25However, for purposes of this subsection, “motor vehicle” does
26not include a motorized bicycle as defined in section 321.1,
27subsection 40, paragraph “b”.
283. The theft of property exceeding five seven hundred fifty
29 dollars but not exceeding one thousand five hundred dollars in
30value, or the theft of any property not exceeding five hundred
31dollars in value by one who has before been twice convicted of
32theft, is theft in the third degree. Theft in the third degree
33is an aggravated misdemeanor.
344. The theft of property exceeding two three hundred dollars
35in value but not exceeding five seven hundred fifty dollars
-5-1in value is theft in the fourth degree. Theft in the fourth
2degree is a serious misdemeanor.
35. The theft of property not exceeding two three hundred
4dollars in value is theft in the fifth degree. Theft in the
5fifth degree is a simple misdemeanor.
6 Sec. 12. Section 714.3A, subsection 1, Code 2018, is amended
7to read as follows:
81. A person commits aggravated theft when the person commits
9an assault as defined in section 708.1, subsection 2, paragraph
10“a”, that is punishable as a simple misdemeanor under section
11708.2, subsection 6, after the person has removed or attempted
12to remove property not exceeding two three hundred dollars in
13value which has not been purchased from a store or mercantile
14establishment, or has concealed such property of the store or
15mercantile establishment, either on the premises or outside the
16premises of the store or mercantile establishment.
17 Sec. 13. Section 714.7B, subsection 6, paragraphs a and b,
18Code 2018, are amended to read as follows:
19a. A simple misdemeanor if the value of the goods, wares, or
20merchandise does not exceed two three hundred dollars.
21b. A serious misdemeanor if the value of the goods, wares,
22or merchandise exceeds two three hundred dollars.
23 Sec. 14. Section 714.10, subsection 1, Code 2018, is amended
24to read as follows:
251. Fraudulent practice in the second degree is the
26following:
27a. A fraudulent practice where the amount of money or value
28of property or services involved exceeds one thousand five
29hundred dollars but does not exceed ten thousand dollars.
30b. A fraudulent practice where the amount of money or
31value of property or services involved does not exceed one
32thousand five hundred dollars by one who has been convicted of
33a fraudulent practice twice before.
34 Sec. 15. Section 714.11, subsection 1, paragraph a, Code
352018, is amended to read as follows:
-6- 1a. A fraudulent practice where the amount of money or value
2of property or services involved exceeds five seven hundred
3fifty dollars but does not exceed one thousand five hundred
4 dollars.
5 Sec. 16. Section 714.12, Code 2018, is amended to read as
6follows:
7714.12 Fraudulent practice in the fourth degree.
81. Fraudulent practice in the fourth degree is a fraudulent
9practice where the amount of money or value of property or
10services involved exceeds two three hundred dollars but does
11not exceed five seven hundred fifty dollars.
122. Fraudulent practice in the fourth degree is a serious
13misdemeanor.
14 Sec. 17. Section 714.13, Code 2018, is amended to read as
15follows:
16714.13 Fraudulent practice in the fifth degree.
171. Fraudulent practice in the fifth degree is a fraudulent
18practice where the amount of money or value of property or
19services involved does not exceed two three hundred dollars.
202. Fraudulent practice in the fifth degree is a simple
21misdemeanor.
22 Sec. 18. Section 715A.6, subsection 2, paragraphs b and c,
23Code 2018, are amended to read as follows:
24b. If the value of the property or services secured or
25sought to be secured by means of the credit card is greater
26than one thousand five hundred dollars but not more than ten
27thousand dollars, an offense under this section is a class “D”
28felony.
29c. If the value of the property or services secured
30or sought to be secured by means of the credit card is one
31thousand five hundred dollars or less, an offense under this
32section is an aggravated misdemeanor.
33 Sec. 19. Section 715A.8, subsection 3, paragraphs b and c,
34Code 2018, are amended to read as follows:
35b. If the value of the credit, property, services, or other
-7-1benefit exceeds one thousand five hundred dollars but does not
2exceed ten thousand dollars, the person commits a class “D”
3felony.
4c. If the value of the credit, property, services, or other
5benefit does not exceed one thousand five hundred dollars, the
6person commits an aggravated misdemeanor.
7 Sec. 20. Section 716.4, subsection 1, Code 2018, is amended
8to read as follows:
91. Criminal mischief is criminal mischief in the second
10degree if the cost of replacing, repairing, or restoring the
11property that is damaged, defaced, altered, or destroyed
12exceeds one thousand five hundred dollars but does not exceed
13ten thousand dollars.
14 Sec. 21. Section 716.5, subsection 1, paragraph a, Code
152018, is amended to read as follows:
16a. The cost of replacing, repairing, or restoring the
17property that is damaged, defaced, altered, or destroyed
18exceeds five seven hundred fifty dollars, but does not exceed
19one thousand five hundred dollars.
20 Sec. 22. Section 716.6, subsection 1, paragraph a,
21subparagraph (1), Code 2018, is amended to read as follows:
22(1) The cost of replacing, repairing, or restoring the
23property that is damaged, defaced, altered, or destroyed
24exceeds two three hundred dollars, but does not exceed five
25 seven hundred fifty dollars.
26 Sec. 23. Section 716.8, subsections 2 and 4, Code 2018, are
27amended to read as follows:
282. Any person committing a trespass as defined in section
29716.7, other than a trespass as defined in section 716.7,
30subsection 2, paragraph “a”, subparagraph (6), which results in
31injury to any person or damage in an amount more than two three
32 hundred dollars to anything, animate or inanimate, located
33thereon or therein commits a serious misdemeanor.
344. A person committing a trespass as defined in section
35716.7 with the intent to commit a hate crime which results in
-8-1injury to any person or damage in an amount more than two three
2 hundred dollars to anything, animate or inanimate, located
3thereon or therein commits an aggravated misdemeanor.
4 Sec. 24. Section 716.10, subsection 2, paragraphs d, e, f,
5and g, Code 2018, are amended to read as follows:
6d. A person commits railroad vandalism in the fourth degree
7if the person intentionally commits railroad vandalism which
8results in property damage which costs ten thousand dollars
9or less but more than one thousand five hundred dollars to
10replace, repair, or restore. Railroad vandalism in the fourth
11degree is a class “D” felony.
12e. A person commits railroad vandalism in the fifth degree
13if the person intentionally commits railroad vandalism which
14results in property damage which costs more than five seven
15 hundred fifty dollars but does not exceed one thousand five
16hundred dollars to replace, repair, or restore. Railroad
17vandalism in the fifth degree is an aggravated misdemeanor.
18f. A person commits railroad vandalism in the sixth degree
19if the person intentionally commits railroad vandalism which
20results in property damage which costs more than one three
21 hundred dollars but does not exceed five seven hundred fifty
22 dollars to replace, repair, or restore. Railroad vandalism in
23the sixth degree is a serious misdemeanor.
24g. A person commits railroad vandalism in the seventh
25degree if the person intentionally commits railroad vandalism
26which results in property damage which costs one three hundred
27dollars or less to replace, repair, or restore. Railroad
28vandalism in the seventh degree is a simple misdemeanor.
29 Sec. 25. Section 716A.2, subsection 2, paragraph b, Code
302018, is amended to read as follows:
31b. The revenue generated from a specific unsolicited bulk
32electronic mail transmission exceeds one thousand five hundred
33 dollars or the total revenue generated from all unsolicited
34bulk electronic mail transmitted to any electronic mail service
35provider by the person exceeds fifty thousand dollars.
-9-1DIVISION IV
2REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS
3 Sec. 26. Section 124.412, Code 2018, is amended to read as
4follows:
5124.412 Notice of conviction.
6If a person enters a plea of guilty to, or forfeits bail
7or collateral deposited to secure the person’s appearance in
8court, and such forfeiture is not vacated, or if a person
9is found guilty upon an indictment or information alleging a
10violation of this chapter, a copy of the minutes attached to
11the indictment returned by the grand jury, or to the county
12attorney’s information, a copy of the judgment and sentence,
13and a copy of the opinion of the judge if one is filed, shall
14be sent by the clerk of the district court or the judge to
15the state department of transportation and to any state board
16or officer by whom the convicted person has been licensed or
17registered to practice the person’s profession or carry on
18the person’s business. On the conviction of a person, the
19court may suspend or revoke the license or registration of the
20convicted defendant to practice the defendant’s profession
21or carry on the defendant’s business. On the application of
22a person whose license or registration has been suspended or
23revoked, and upon proper showing and for good cause, the board
24or officer may reinstate the license or registration.
25 Sec. 27. Section 321.212, subsection 1, paragraph d, Code
262018, is amended by striking the paragraph.
27 Sec. 28. Section 321.215, subsection 1, paragraph b, Code
282018, is amended to read as follows:
29b. However, a temporary restricted license shall not be
30issued to a person whose license is revoked pursuant to a court
31order issued under section 901.5, subsection 10, or under
32section 321.209, subsections 1 through 5 or subsection 7; to a
33juvenile whose license has been suspended or revoked pursuant
34to a dispositional order under section 232.52, subsection
352, paragraph “a”, for a violation of chapter 124 or 453B or
-10-1section 126.3; to a juvenile whose license has been suspended
2under section 321.213B; or to a person whose license has been
3suspended pursuant to a court order under section 714.7D. A
4temporary restricted license may be issued to a person whose
5license is revoked under section 321.209, subsection 6, only
6if the person has no previous drag racing convictions. A
7person holding a temporary restricted license issued by the
8department under this section shall not operate a motor vehicle
9for pleasure.
10 Sec. 29. Section 321.215, subsection 2, unnumbered
11paragraph 1, Code 2018, is amended to read as follows:
12Upon conviction and the suspension or revocation of a
13person’s noncommercial driver’s license under section 321.209,
14subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
15or upon revocation pursuant to a court order issued under
16section 901.5, subsection 10; or upon the denial of issuance
17of a noncommercial driver’s license under section 321.560,
18based solely on offenses enumerated in section 321.555,
19subsection 1, paragraph “c”, or section 321.555, subsection
202; or upon suspension or revocation of a juvenile’s driver’s
21license pursuant to a dispositional order under section 232.52,
22subsection 2, paragraph “a”, for a violation of chapter 124
23or 453B, or section 126.3; or upon suspension of a driver’s
24license pursuant to a court order under section 714.7D, the
25person may apply to the department for a temporary restricted
26license to operate a motor vehicle for the limited purpose or
27purposes specified in subsection 1. The application may be
28granted only if all of the following criteria are satisfied:
29 Sec. 30. Section 321.215, subsection 2, paragraph c, Code
302018, is amended to read as follows:
31c. Proof of financial responsibility is established as
32defined in chapter 321A. However, such proof is not required
33if the driver’s license was suspended under section 321.210A
34or 321.513 or revoked pursuant to a court order issued under
35section 901.5, subsection 10.
-11-1 Sec. 31. Section 321.218, subsection 1, Code 2018, is
2amended to read as follows:
31. A person whose driver’s license or operating privilege
4has been denied, canceled, suspended, or revoked as provided
5in this chapter or as provided in section 252J.8 or section
6901.5, subsection 10, and who operates a motor vehicle upon
7the highways of this state while the license or privilege
8is denied, canceled, suspended, or revoked, commits a
9simple misdemeanor. In addition to any other penalties, the
10punishment imposed for a violation of this subsection shall
11include assessment of a fine of not less than two hundred fifty
12dollars nor more than one thousand five hundred dollars.
13 Sec. 32. Section 321A.17, subsection 4, Code 2018, is
14amended to read as follows:
154. An individual applying for a driver’s license following a
16period of suspension or revocation pursuant to a dispositional
17order issued under section 232.52, subsection 2, paragraph
18“a”, or under section 321.180B, section 321.210, subsection
191, paragraph “a”, subparagraph (4), or section 321.210A,
20321.213A, 321.213B, 321.216B, or 321.513, following a period
21of suspension or revocation under section 321.178 or 321.194,
22or following a period of revocation pursuant to a court order
23issued under section 901.5, subsection 10, or under section
24321J.2A, is not required to maintain proof of financial
25responsibility under this section.
26 Sec. 33. Section 901.5, subsection 10, Code 2018, is amended
27by striking the subsection.
28 Sec. 34. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s
29driver’s license suspended or revoked pursuant to section
30901.5, subsection 10, prior to the effective date of this Act,
31shall be reinstated, if the defendant is otherwise eligible for
32a driver’s license.
33 Sec. 35. CONTINGENT EFFECTIVE DATE. This division of this
34Act takes effect on the date the governor submits to the United
35States secretary of transportation a written certification
-12-1that the governor is opposed to the enforcement in this state
2of a law described in 23 U.S.C. §159(a)(3)(A) and a written
3certification that the general assembly has adopted a joint
4resolution expressing its opposition to the same, in accordance
5with 23 U.S.C. §159(a)(3)(B). The office of the governor shall
6notify the Code editor upon submission of the certifications
7described in this section.
8DIVISION V
9theft, fraud, and forgery revisionS
10 Sec. 36. NEW SECTION. 714.2A Consolidation of theft
11offenses.
12For purposes of charging a person with theft, any conduct
13specified as theft in section 714.1, subsections 1 through 10,
14constitutes a single offense of theft embracing the separated
15offenses of theft known as taking, misappropriation, theft by
16deception, possession or receipt of stolen property, fraudulent
17conversion, check fraud, theft from a public utility, unlawful
18access to a computer, theft of video rental property, and other
19similar offenses related to theft. An accusation of theft may
20be supported by evidence that it was committed in any manner
21that would be theft under sections 714.1, subsections 1 through
2210, notwithstanding the specification of a different manner
23in the complaint, indictment, or information, subject only
24to the power of the court to ensure a fair trial by granting
25a continuance or other appropriate relief where the conduct
26of the defense would be prejudiced by lack of fair notice or
27surprise.
28 Sec. 37. Section 715A.2, subsection 2, paragraph a, Code
292018, is amended by adding the following new subparagraph:
30 NEW SUBPARAGRAPH. (5) A document issued by a department,
31agency, board, or commission in this state used as evidence of
32authorized stay or employment in the United States.
33 Sec. 38. Section 715A.2A, subsection 1, paragraphs a and b,
34Code 2018, are amended to read as follows:
35a. Hires a person when the employer or an agent or employee
-13-1of the employer knows that the document evidencing the person’s
2authorized stay or employment in the United States is in
3violation of section 715A.2, subsection 2, paragraph “a”,
4subparagraph (4) or (5), or knows that the person is not
5authorized to be employed in the United States.
6b. Continues to employ a person when the employer or an
7agent or employee of the employer knows that the document
8evidencing the person’s authorized stay or employment in the
9United States is in violation of section 715A.2, subsection 2,
10paragraph “a”, subparagraph (4) or (5), or knows that the person
11is not authorized to be employed in the United States.
12 Sec. 39. Section 802.5, Code 2018, is amended to read as
13follows:
14802.5 Extension for fraud, fiduciary breach.
151. If the periods prescribed in sections 802.3 and 802.4
16have expired, prosecution may nevertheless be commenced for
17any offense a material element of which is either fraud or a
18breach of fiduciary obligation within one year after actual
19 discovery of the offense and the offender’s involvement in the
20offense by an aggrieved party or by a person who has legal duty
21to represent an aggrieved party and who is not a party to the
22offense, but in no case shall this provision extend the period
23of limitation otherwise applicable by more than three five
24 years.
252. A prosecution may be commenced under this section as
26long as the appropriate law enforcement agency has not delayed
27the investigation in bad faith. This subsection shall not be
28construed to require a law enforcement agency to pursue an
29unknown offender with due diligence.
30DIVISION VI
31criminal proceedings
32 Sec. 40. NEW SECTION. 701.12 Reference to victim in
33criminal proceeding.
34In a criminal prosecution, the prosecuting attorney or
35a witness may refer to a person using the term “victim”
-14-1during any criminal proceeding including at trial, if there
2is sufficient evidence to support a finding that the person
3referred to as the victim meets the definition of a victim in
4section 915.10. A conviction shall not be reversed on appeal
5based upon a reference or references to a person as a victim
6during a criminal proceeding, if there is sufficient evidence
7in the record to support a finding that the person meets the
8definition of victim in section 915.10.
9 Sec. 41. Section 814.6, subsection 1, paragraph a, Code
102018, is amended to read as follows:
11a. A final judgment of sentence, except in case of the
12following cases:
13(1) Asimple misdemeanor and ordinance violation
14convictions conviction.
15(2) An ordinance violation.
16(3) A conviction where the defendant has pled guilty. This
17subparagraph does not apply to a guilty plea for a class “A”
18felony.
19 Sec. 42. Section 814.6, subsection 2, Code 2018, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. f. An order denying a motion in arrest of
22judgment on grounds other than an ineffective assistance of
23counsel claim.
24 Sec. 43. Section 814.7, Code 2018, is amended to read as
25follows:
26814.7 Ineffective assistance claim on appeal in a criminal
27case.
281. An ineffective assistance of counsel claim in a
29criminal case shall be determined by filing an application
30for postconviction relief pursuant to chapter 822, except as
31otherwise provided in this section. The claim need not be
32raised on direct appeal from the criminal proceedings in order
33to preserve the claim for postconviction relief purposes,
34and the claim shall not be decided on direct appeal from the
35criminal proceedings.
-15- 12. A party may, but is not required to, raise an ineffective
2assistance claim on direct appeal from the criminal proceedings
3if the party has reasonable grounds to believe that the record
4is adequate to address the claim on direct appeal.
53. If an ineffective assistance of counsel claim is raised
6on direct appeal from the criminal proceedings, the court may
7decide the record is adequate to decide the claim or may choose
8to preserve the claim for determination under chapter 822.
9 Sec. 44. NEW SECTION. 814.28 General verdicts.
10When the prosecution relies on multiple or alternative
11theories to prove the commission of a public offense, a jury
12may return a general verdict. If the jury returns a general
13verdict, an appellate court shall not set aside or reverse such
14a verdict on the basis of a defective or insufficient theory
15if one or more of the theories presented and described in the
16complaint, information, or indictment is sufficient to sustain
17the verdict on at least one count.
18 Sec. 45. NEW SECTION. 814.29 Guilty pleas — challenges.
19If a defendant challenges a guilty plea based on an alleged
20defect in the plea proceedings, the plea shall not be vacated
21unless the defendant demonstrates that the defendant more
22likely than not would not have pled guilty if the defect had
23not occurred. The burden applies whether the challenge is
24made through a motion in arrest of judgment or on appeal. Any
25provision in the Iowa rules of criminal procedure that are
26inconsistent with this section shall have no legal effect.
27 Sec. 46. Section 822.6, unnumbered paragraph 1, Code 2018,
28is amended to read as follows:
29Within thirty days after the docketing of the application,
30or within any further time the court may fix, the state shall
31respond by answer or by motion which may be supported by
32affidavits. At any time prior to entry of judgment the court
33may grant leave to withdraw the application. The court may
34make appropriate orders for amendment of the application or
35any pleading or motion, for pleading over, for filing further
-16-1pleadings or motions, or for extending the time of the filing
2of any pleading. In considering the application the court
3shall take account of substance regardless of defects of form.
4If the application is not accompanied by the record of the
5proceedings challenged therein, the respondent shall file with
6its answer the record or portions thereof that are material to
7the questions raised in the application.
8 Sec. 47. NEW SECTION. 822.10A Underlying criminal offense.
9The court file containing the conviction for which an
10applicant seeks postconviction relief shall be part of the
11record in any action under this chapter. Upon the filing
12of an application for postconviction relief pursuant to
13section 822.3, the clerk of the district court shall make the
14underlying criminal file records accessible to the applicant,
15county attorney, and attorney general. If the criminal file
16records are not available in electronic format, the clerk of
17the district court shall convert the records to an electronic
18format and make the records available to the applicant, county
19attorney, and attorney general.
20DIVISION VII
21STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND
22INVESTIGATIONS
23 Sec. 48. Section 331.802, subsection 5, Code 2018, is
24amended by adding the following new paragraphs:
25 NEW PARAGRAPH. c. In formulating findings and conclusions
26regarding the cause and manner of death, the state medical
27examiner or county medical examiner shall be allowed to rely
28upon and include in the report referred to in subsection 2,
29paragraph “a”, any information provided by the county attorney
30or law enforcement agency to the medical examiner making the
31autopsy.
32 NEW PARAGRAPH. d. The state medical examiner or county
33medical examiner may rely upon and consider statements by
34witnesses or other persons for purposes of developing a
35clinical history of the decedent that preceded death when
-17-1formulating findings and conclusions on the cause and manner of
2death. A court shall not exclude a medical examiner’s opinion
3as to the cause of death on the basis that the medical examiner
4relied on out-of-court statements in forming that opinion, and
5such an opinion shall not constitute reversible error.
6 Sec. 49. Section 331.802, subsection 6, Code 2018, is
7amended to read as follows:
86. a. The report of an investigation made by the state
9medical examiner or a county medical examiner and the record
10and report of an autopsy made under this section or chapter
11691, shall be received as evidence in any court or other
12proceedings, except that statements by witnesses or other
13persons and conclusions on extraneous matters included in the
14report are not admissible including any findings of the state
15medical examiner or county medical examiner and any information
16provided by a prosecuting attorney or law enforcement agency,
17if the information is admissible under the Iowa rules of
18evidence or have otherwise been substantially admitted into
19evidence. The person preparing a report or record given
20in evidence may be subpoenaed as a witness in any civil or
21criminal case by any party to the cause. A copy of a record,
22photograph, laboratory finding, or record in the office of the
23state medical examiner or any medical examiner, when attested
24to by the state medical examiner or a staff member or the
25medical examiner in whose office the record, photograph, or
26finding is filed, shall be received as evidence in any court
27or other proceedings for any purpose for which the original
28could be received without proof of the official character of
29the person whose name is signed to it.
30b. The state medical examiner and county medical examiner
31may rely upon and consider statements by witnesses or other
32persons for purposes of developing a clinical history of the
33decedent that preceded death when formulating findings and
34conclusions on the cause and manner of death.
35 Sec. 50. NEW SECTION. 691.5A Investigations.
-18- 1In lieu of conducting an investigation pursuant to this
2chapter, the state medical examiner may rely exclusively upon
3the findings of the county medical examiner, county attorney,
4or a law enforcement agency.
5DIVISION VIII
6CRIMINAL PENALTIES
7 Sec. 51. Section 124.401, subsection 5, Code 2018, is
8amended to read as follows:
95. a. (1) It is unlawful for any person knowingly or
10intentionally to possess a controlled substance unless such
11substance was obtained directly from, or pursuant to, a valid
12prescription or order of a practitioner while acting in the
13course of the practitioner’s professional practice, or except
14as otherwise authorized by this chapter. Any person who
15violates this subsection is guilty of a serious misdemeanor
16for a first offense. A person who commits a violation of
17this subsection and who has previously been convicted of
18violating this chapter or chapter 124B or 453B, or chapter
19124A as it existed prior to July 1, 2017, is guilty of an
20aggravated misdemeanor. A person who commits a violation of
21this subsection and has previously been convicted two or more
22times of violating this chapter or chapter 124B or 453B, or
23chapter 124A as it existed prior to July 1, 2017, is guilty of a
24class “D” felony.
25(2) If the controlled substance is marijuana, the
26punishment shall be by imprisonment in the county jail for
27not more than six months or by a fine of not more than one
28thousand dollars, or by both such fine and imprisonment for a
29first offense. If the controlled substance is marijuana and
30the person has been previously convicted of a violation of this
31subsection in which the controlled substance was marijuana, the
32punishment shall be as provided in section 903.1, subsection
331, paragraph “b”. If the controlled substance is marijuana
34and the person has been previously convicted two or more times
35of a violation of this subsection in which the controlled
-19-1substance was marijuana, the person is guilty of an aggravated
2misdemeanor.
3(3) Convictions or the equivalent of deferred judgments for
4violations in any other states under statutes substantially
5corresponding to this paragraph “a” shall be counted as previous
6offenses. The courts shall judicially notice the statutes of
7other states which define offenses substantially equivalent to
8the offenses defined in this paragraph “a” and can therefore
9be considered corresponding statutes. Each previous violation
10on which conviction or deferral of judgment was entered prior
11to the date of the violation charged shall be considered and
12counted as a separate previous offense.
13c. All or any part of a sentence imposed pursuant to
14this subsection may be suspended and the person placed upon
15probation upon such terms and conditions as the court may
16impose including the active participation by such person in a
17drug treatment, rehabilitation or education program approved
18by the court.
19d. If a person commits a violation of this subsection, the
20court shall order the person to serve a term of imprisonment of
21not less than forty-eight hours. Any sentence imposed may be
22suspended, and the court shall place the person on probation
23upon such terms and conditions as the court may impose. If
24the person is not sentenced to confinement under the custody
25of the director of the department of corrections, the terms
26and conditions of probation shall require submission to random
27drug testing. If the person fails a drug test, the court may
28transfer the person’s placement to any appropriate placement
29permissible under the court order.
30e. If the controlled substance is amphetamine, its salts,
31isomers, or salts of its isomers, or methamphetamine, its
32salts, isomers, or salts of its isomers, the court shall order
33the person to serve a term of imprisonment of not less than
34forty-eight hours. Any sentence imposed may be suspended,
35and the court shall place the person on probation upon such
-20-1terms and conditions as the court may impose. The court may
2place the person on intensive probation. However, the terms
3and conditions of probation shall require submission to random
4drug testing. If the person fails a drug test, the court may
5transfer the person’s placement to any appropriate placement
6permissible under the court order.
7 Sec. 52. Section 707.6A, subsection 2, Code 2018, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. c. Exceeding the speed limit by twenty-five
10miles per hour or more, in violation of section 321.285,
11321.290, 321.293, or 321.295, if the death of the other person
12directly or indirectly results from the violation of section
13321.285, 321.290, 321.293, or 321.295.
14 Sec. 53. Section 901.11, Code 2018, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 4. At the time of sentencing, the court
17shall determine when a person convicted of arson in the first
18degree as described in section 902.12, subsection 4, shall
19first become eligible for parole or work release within the
20parameters specified in section 902.12, subsection 3, based
21upon all pertinent information including the person’s criminal
22record, a validated risk assessment, and the negative impact
23the offense has had on the victim or other persons.
24 Sec. 54. Section 902.12, Code 2018, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 4. A person serving a sentence for a
27conviction for arson in the first degree in violation of
28section 712.2 that occurs on or after July 1, 2018, shall
29be denied parole or work release until the person has served
30between one-half and seven-tenths of the maximum term of
31the person’s sentence as determined under section 901.11,
32subsection 4.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-21- 1This bill modifies criminal code provisions relating to
2criminal records, penalties, prosecutions, appeals, driving
3privileges, and postconviction relief, and including effective
4date provisions.
5DIVISION I — EXPUNGEMENT. This division relates to the
6expungement of records of certain misdemeanor offenses.
7The term “expunged” means the court’s criminal record with
8reference to a deferred judgment or any other criminal record
9has been segregated in a secure area or database which is
10exempted from public access.
11A person shall not receive an expungement pursuant to the
12bill unless all court costs, fees, fines, and restitution and
13other financial obligations ordered by the court or assessed by
14the clerk of the district court have been paid.
15The division provides that upon the application of a
16defendant convicted of a misdemeanor, the court shall enter
17an order expunging the record of such criminal case, as a
18matter of law, if the defendant has established that more than
19eight years have passed since the date of the conviction,
20the defendant is not the subject of a protective order or
21a no-contact order, the defendant has no pending criminal
22charges, the defendant has not been subsequently convicted of
23or granted a deferred judgment for a criminal offense, other
24than a simple misdemeanor conviction under Code chapter 321 or
25of a similar local ordinance, and all court costs, fees, fines,
26and restitution and other financial obligations ordered by the
27court or assessed by the clerk of the district court have been
28paid.
29The division does not apply to the following misdemeanor
30offenses: simple misdemeanor convictions under Code sections
31123.46 (consumption or intoxication in public place) and
32123.47(3) (alcohol consumption by persons under legal
33age), because expungement procedures already exist for both
34offenses; convictions for dependent adult abuse under Code
35section 235B.20; convictions relating to operating a motor
-22-1vehicle with an invalid driver’s license under Code section
2321.218, 321A.32, or 321J.21; convictions for operating while
3intoxicated under Code section 321J.2; convictions of a sex
4offense as defined in Code section 692A.101; convictions for
5involuntary manslaughter under Code section 707.5; convictions
6for assault involving a dangerous weapon under Code section
7708.2(3); convictions for domestic abuse assault under Code
8section 708.2A; convictions for harassment under Code section
9708.7; convictions for stalking under Code section 708.11;
10convictions for removal of an officer’s communication or
11control device under Code section 708.12; convictions for
12trespass under Code section 716.8(3) or (4); convictions under
13Code chapter 717C (bestiality); convictions under Code chapter
14719 (obstructing justice); convictions under Code chapter 720
15(interference with judicial process); convictions under Code
16section 721.2 (nonfelonious conduct in office); convictions
17under Code section 721.10 (misuse of public records and files);
18convictions under Code section 723.1 (riot); convictions under
19Code chapter 724 (weapons); convictions under Code chapter 726
20(protections of the family and dependent persons); convictions
21under Code chapter 728 (obscenity); convictions under Code
22chapter 901A (sexually predatory offenses); a conviction for
23a comparable offense listed in 49 C.F.R. §383.51(b) (table
241), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s
25licenses); and any conviction under prior law of an offense
26comparable to an offense enumerated in the bill.
27The division prohibits a person from applying more than once
28for an expungement of the person’s record. However, the one
29application may request the expungement of records relating
30to more than one misdemeanor offense if the misdemeanor
31offenses arose from the same transaction or occurrence, and the
32application contains the misdemeanor offenses to be expunged.
33The division provides that the expunged record under the
34bill is a confidential record exempt from public access under
35Code section 22.7 but shall be made available by the clerk of
-23-1the district court upon court order.
2The division also provides that after receipt of notice from
3the clerk of the district court that a record of conviction has
4been expunged, the record of conviction shall be removed from
5the criminal history data files maintained by the department of
6public safety if such a record was maintained in the criminal
7history data files.
8The division provides that the supreme court may prescribe
9rules governing expungement procedures applicable to criminal
10cases pursuant to the division.
11The division applies to misdemeanor convictions that occur
12prior to, on, or after July 1, 2018.
13DIVISION II — ROBBERY. This division modifies the criminal
14offense of robbery in the first degree to include circumstances
15when a person commits a robbery with a simulated firearm or
16simulated explosive. Currently, a person commits robbery in
17the first degree when the person purposely inflicts or attempts
18to inflict serious injury, or is armed with a dangerous weapon.
19Robbery in the first degree is a class “B” felony. A person
20convicted of a class “B” felony shall also be denied parole or
21work release until the person has served at least 70 percent of
22the sentence pursuant to Code section 902.12.
23The division defines “simulated firearm” to mean a device
24which is not a firearm, but which is expressly represented to
25be a firearm, or an object which is not a firearm but which
26is impliedly represented to be a firearm and which under the
27circumstances would lead a reasonable person to believe it to
28be a firearm.
29Under the division, a simulated explosive means a device
30which is not an explosive, but which is expressly represented
31to be an explosive, or a device which is not an explosive but
32which is impliedly represented to be an explosive and which by
33its appearance would lead a reasonable person to believe it to
34be an explosive.
35The division provides that a person serving a sentence for
-24-1a conviction for robbery in the first degree for a conviction
2that occurs on or after July 1, 2018, shall serve between 50
3and 70 percent of a 25-year class “B” felony sentence prior
4to being eligible for parole or work release. In determining
5when the person is first eligible for parole or work release
6within such parameters, the sentencing court shall base its
7determination upon all pertinent information including the
8person’s criminal record, a validated risk assessment, and
9the negative impact the offense has had on the victim or
10other persons. The division provides that a person serving
11a sentence for a conviction of robbery in the first degree
12for a conviction that occurs prior to July 1, 2018, shall
13be denied parole or work release until the person has served
14between one-half and seven-tenths of the maximum term of the
15person’s sentence as determined by the board of parole based
16upon the person’s criminal record, a validated risk assessment,
17and the negative impact the offense has had on the victim or
18other persons. Under current law, such a person sentenced to
19confinement is required to serve at least 70 percent of the
2025-year maximum class “B” felony sentence prior to becoming
21eligible for parole or work release.
22The division does not modify the earned time provisions
23related to the commission of robbery in the first degree, as a
24person who commits robbery in the first degree is eligible for
25a reduction of sentence equal to fifteen eighty-fifths of a day
26for each day of good conduct by the person under Code section
27903A.2.
28Under current law and the division, felonious robbery is
29also classified as a “forcible felony” under Code section
30702.11, and a person convicted of felonious robbery is
31prohibited from receiving a suspended or deferred sentence or
32deferred judgment pursuant to Code section 907.3.
33The division repeals the offense of robbery in the third
34degree, an aggravated misdemeanor. A person commits robbery
35in the third degree when, while perpetrating a robbery, the
-25-1person commits a simple misdemeanor assault in violation of
2Code section 708.2(6).
3DIVISION III — PROPERTY CRIMES — VALUE. This division
4increases the value of damaged or stolen property or services
5necessary to commit certain levels of numerous criminal
6offenses.
7THEFT. The division increases the value of property
8necessary for a person to commit theft in the second degree
9from property exceeding $1,000 but not more than $10,000 to
10property exceeding $1,500 but not more than $10,000. Theft in
11the second degree is a class “D” felony.
12The division increases the value of property necessary for
13a person to commit theft in the third degree from property
14exceeding $500 but not more than $1,000 to property exceeding
15$750 but not more than $1,500. Theft in the third degree is an
16aggravated misdemeanor.
17The division increases the value of property necessary for
18a person to commit theft in the fourth degree from property
19exceeding $200 but not more than $500 to property exceeding
20$300 but not more than $750. Theft in the fourth degree is a
21serious misdemeanor.
22The division increases the value of property necessary for a
23person to commit theft in the fifth degree from property not
24exceeding $200 to property not exceeding $300. Theft in the
25fifth degree is a simple misdemeanor.
26AGGRAVATED THEFT. The division increases the value of
27property necessary for a person to commit aggravated theft from
28property not exceeding $200 to property not exceeding $300.
29Aggravated theft is an aggravated misdemeanor or a class “D”
30felony depending upon the circumstances of the crime. Under
31current law, a person commits aggravated theft when the person
32commits a simple assault after the person has removed or
33attempted to remove property not exceeding $200.
34THEFT DETECTION DEVICES — SHIELD OR REMOVAL. The division
35increases the value of property necessary for a person to
-26-1commit a serious misdemeanor for removal of a theft detection
2device from property exceeding $200 in value to property
3exceeding $300 in value. The division increases the value of
4property necessary for a person to commit a simple misdemeanor
5for removal of a theft detection device from property not
6exceeding $200 in value to property not exceeding $300 in
7value.
8FRAUDULENT PRACTICE. Fraudulent practice is defined in Code
9section 714.8. The division increases the value of property or
10services necessary for a person to commit fraudulent practice
11in the second degree from property or services exceeding $1,000
12but not more than $10,000 to property exceeding $1,500 but not
13more than $10,000. Fraudulent practice in the second degree
14is a class “D” felony.
15The division increases the value of property or services
16necessary for a person to commit fraudulent practice in the
17third degree from property or services exceeding $500 but not
18more than $1,000 to property or services exceeding $750 but not
19more than $1,500. Fraudulent practice in the third degree is
20an aggravated misdemeanor.
21The division increases the value of property or services
22necessary for a person to commit fraudulent practice in the
23fourth degree from property or services exceeding $200 but not
24more than $500 to property or services exceeding $300 but not
25more than $750. Fraudulent practice in the fourth degree is
26a serious misdemeanor.
27The division increases the value of property or services
28necessary for a person to commit fraudulent practice in the
29fifth degree from property or services not exceeding $200 to
30property or services not exceeding $300. Fraudulent practice
31in the fifth degree is a simple misdemeanor.
32CREDIT CARDS. Under current law, a person commits the class
33“D” felony offense of credit card fraud when a person illegally
34secures or seeks to secure property or services by means of
35a credit card and the value of the property or services is
-27-1greater than $1,000 but not more than $10,000. The division
2increases the minimum value of property or services necessary
3for a person to commit such a class “D” felony offense from
4$1,000 to $1,500.
5Under current law, a person commits the aggravated
6misdemeanor offense of credit card fraud when a person
7illegally secures or seeks to secure property or services
8by means of a credit card and the value of the property or
9services is $1,000 or less. The division increases the maximum
10value of property or services necessary for a person to commit
11such an aggravated misdemeanor offense from $1,000 to $1,500.
12IDENTITY THEFT. Under current law, a person commits
13the class “D” felony offense of identity theft when a
14person fraudulently uses or fraudulently attempts to use
15identification information of another person, with the intent
16to obtain credit, property, services, or other benefit, and
17the value of the credit, property, services, or other benefit
18exceeds $1,000 but does not exceed $10,000. The division
19increases the minimum value necessary for a person to commit
20such a class “D” felony offense from $1,000 to $1,500.
21Under current law, a person commits the aggravated
22misdemeanor offense of identity theft when a person
23fraudulently uses or fraudulently attempts to use
24identification information of another person, with the intent
25to obtain credit, property, or services, or other benefit, and
26the value of the credit, property, services, or other benefit
27exceeds $1,000 but does not exceed $10,000. The division
28increases the minimum value necessary for a person to commit
29such an aggravated misdemeanor offense from $1,000 to $1,500.
30CRIMINAL MISCHIEF. The division increases the value of
31damaged property that is necessary to commit criminal mischief
32in the second degree from damaged property exceeding $1,000 but
33not more than $10,000 to damaged property exceeding $1,500 but
34not more than $10,000. Criminal mischief in the second degree
35is a class “D” felony.
-28- 1The division increases the value of damaged property
2that is necessary to commit criminal mischief in the third
3degree from damaged property exceeding $500 but not more than
4$1,000 to damaged property exceeding $750 but not more than
5$1,500. Criminal mischief in the third degree is an aggravated
6misdemeanor.
7The division increases the value of damaged property
8that is necessary to commit criminal mischief in the fourth
9degree from damaged property exceeding $200 but not more than
10$500 to damaged property exceeding $300 but not more than
11$750. Criminal mischief in the fourth degree is a serious
12misdemeanor.
13The division increases the value of damaged property that
14is necessary to commit criminal mischief in the fifth degree
15from damaged property not exceeding $200 to damaged property
16not exceeding $300. Criminal mischief in the fifth degree is a
17simple misdemeanor.
18TRESPASS. The division increases the value of damaged
19property that is necessary to commit a serious misdemeanor
20trespass offense from damaged property of more than $200 to
21damaged property of more than $300.
22The division increases the value of damaged property that is
23necessary to commit an aggravated misdemeanor trespass offense
24involving a hate crime from damaged property of more than $200
25to damaged property of more than $300.
26RAILROAD VANDALISM. The division increases the value of
27damaged property that is necessary to commit railroad vandalism
28in the fourth degree from damaged property exceeding $1,000 but
29not more than $10,000 to damaged property exceeding $1,500 but
30not more than $10,000. Railroad vandalism in the fourth degree
31is a class “D” felony.
32The division increases the value of damaged property that
33is necessary to commit railroad vandalism in the fifth degree
34from damaged property exceeding $500 but not more than $1,000
35to damaged property exceeding $750 but not more than $1,500.
-29-1Railroad vandalism in the fifth degree is an aggravated
2misdemeanor.
3The division increases the value of damaged property
4that is necessary to commit railroad vandalism in the sixth
5degree from damaged property exceeding $200 but not more than
6$500 to damaged property exceeding $300 but not more than
7$750. Railroad vandalism in the sixth degree is a serious
8misdemeanor.
9The division increases the value of damaged property that is
10necessary to commit railroad vandalism in the seventh degree
11from damaged property not exceeding $200 to damaged property
12not exceeding $300. Railroad vandalism in the seventh degree
13is a simple misdemeanor.
14TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).
15 Under current law, a person commits the class “D” felony
16offense of transmission of unsolicited bulk email when the
17revenue generated from such a transmissions exceeds $1,000.
18The division increases the minimum value necessary for a
19person to commit such a class “D” felony offense from $1,000
20to $1,500.
21DIVISION IV — REVOCATION OF DRIVER’S LICENSE FOR
22DRUG-RELATED CONVICTIONS. Current law requires a court to
23order the department of transportation (DOT) to revoke a
24defendant’s driver’s license for 180 days if a defendant
25is sentenced for a controlled substance offense under Code
26section 124.401 (manufacturers, possessors, and counterfeit
27substances), 124.401A (enhanced penalty for manufacture or
28distribution on certain property), 124.402 (distributors,
29registrants, and proprietors), or 124.403 (distribution, use,
30possession, records, and information), a drug or drug-related
31offense under Code section 126.3 (prohibited acts related to
32drugs, devices, and cosmetics), or a controlled substance tax
33offense under Code chapter 453B. Current law also requires a
34court to send a copy of the order and a notice of the conviction
35to the DOT. The division strikes Code section 901.5(10)
-30-1revoking a defendant’s driver’s license for 180 days if the
2defendant is sentenced for a controlled substance offense for
3an offense under Code section 124.401, 124.401A, 124.402, or
4124.403.
5The division makes conforming Code changes to Code sections
6124.412, 321.212, 321.215, 321.218, and 321A.17.
7The division provides that a defendant’s driver’s license
8suspended or revoked pursuant to Code section 901.5(10) prior
9to the effective date of the division shall be reinstated if
10the defendant is otherwise eligible for a driver’s license.
11The division provides a contingent effective date specifying
12that the division takes effect on the date the governor submits
13to the United States secretary of transportation a written
14certification that the governor is opposed to the enforcement
15in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a
16written certification that the general assembly has adopted
17a joint resolution expressing its opposition to the same, in
18accordance with 23 U.S.C. §159(a)(3)(B). The division requires
19the office of the governor to notify the Code editor upon
20submission of the certifications.
21DIVISION V — THEFT, FRAUD, AND FORGERY REVISIONS.
22THEFT OFFENSES — CONSOLIDATION. The division creates new
23Code section 714.2A relating to the consolidation of theft
24offenses. The division provides that for purposes of charging
25a person with theft, any conduct specified as theft in Code
26section 714.1(1) through (10), constitutes a single offense
27of theft embracing the separated offenses of theft known as
28taking, misappropriation, theft by deception, possession or
29receipt of stolen property, fraudulent conversion, check fraud,
30theft from a public utility, unlawful access to a computer,
31theft of video rental property, and other similar offenses
32related to theft. An accusation of theft may be supported by
33evidence that it was committed in any manner that would be
34theft under Code section 714.1(1) through (10), notwithstanding
35the specification of a different manner of theft in the
-31-1complaint, indictment, or information, subject only to the
2power of the court to ensure a fair trial by granting a
3continuance or other appropriate relief where the conduct of
4the defense would be prejudiced by lack of fair notice or
5surprise.
6DEFINITION OF FORGERY. The division amends Code section
7715A.2(2) relating to forgery. Under the division, a person
8commits forgery when the person possesses a writing that is
9or purports to be a document issued by a department, agency,
10board, or commission in this state and used as evidence of
11authorized stay or employment in the United States. A person
12who forges such a document commits a class “D” felony. By
13amending the definition of forgery, the division also changes
14the circumstances under which an employer is subject to a
15civil penalty for hiring a person who commits such a forgery,
16pursuant to Code section 715A.2A (accommodation of forgery).
17STATUTE OF LIMITATIONS — FRAUD OR BREACH OF FIDUCIARY
18OBLIGATION. The division amends Code section 802.5 relating
19to extending the periods of time a prosecution may be brought
20against a person for any offense involving a material element
21of fraud or a breach of fiduciary obligation. Under current
22law, a prosecution may be brought within one year after
23discovery of the offense by an aggrieved party or by a person
24who has legal duty to represent an aggrieved party and who is
25not a party to the offense. The division specifies that the
26prosecution may be brought within one year of actual discovery
27of the offense and the offender’s involvement in the offense
28by an aggrieved party or by a person who has legal duty to
29represent an aggrieved party and who is not a party to the
30offense. The division also provides that a prosecution may be
31commenced under this Code section as long as a law enforcement
32agency has not delayed the investigation in bad faith, and does
33not require that a law enforcement agency pursue an unknown
34offender with due diligence.
35DIVISION VI — CRIMINAL PROCEEDINGS.
-32- 1REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division
2creates new Code section 701.12 relating to evidence in a
3criminal prosecution. Under the division, the prosecuting
4attorney or a witness may refer to a person using the term
5“victim” during any criminal proceeding including at trial,
6if there is sufficient evidence to support a finding that
7the person referenced as the victim meets the definition of
8a victim in Code section 915.10. A conviction shall not be
9reversed based upon a reference to a person as the victim
10during a criminal proceeding, if there is sufficient evidence
11to support a finding that the person referenced as the victim
12meets the definition of a victim in Code section 915.10.
13DEFENDANT RIGHT TO APPEAL. The division amends Code section
14814.6(1) by prohibiting the right to appeal to a defendant who
15has pled guilty to a criminal offense except this prohibition
16does not apply to a defendant who pleads guilty to a class “A”
17felony. The right to appeal means that an appellate court
18cannot deny a defendant’s statutory or constitutional right to
19have the defendant’s case reviewed on appeal.
20The division amends Code section 814.6(2) by specifying that
21discretionary review by an appellate court applies to an order
22denying a motion in arrest of judgment on grounds other than an
23ineffective assistance claim. Under current law, discretionary
24review applies to an order suppressing or admitting evidence,
25an order granting or denying a motion for a change of venue,
26an order denying probation, simple misdemeanor and ordinance
27violations, and an order raising a question of law important to
28the judiciary and the profession. Discretionary review is the
29process by which an appellate court may exercise its discretion
30to review specified matters not subject to appeal as a matter
31of right.
32INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The
33division amends Code section 814.7 relating to an ineffective
34assistance claim on appeal in a criminal case. The division
35prohibits an ineffective assistance claim being raised and
-33-1decided on direct appeal from the criminal proceedings. Under
2current law, such a claim may be raised on direct appeal from
3the criminal proceedings if the record at the trial level is
4sufficient. Generally, an ineffective assistance of counsel
5claim is raised on appeal by a criminal defendant alleging
6the defendant’s attorney was so incompetent it deprived the
7defendant the constitutional right to assistance of counsel.
8APPEALS FROM THE DISTRICT COURT — GENERAL VERDICT.
9 The division creates new Code section 814.28 relating to
10general verdicts. When the prosecution relies on multiple
11or alternative theories to prove the commission of a public
12offense, a jury may return a general verdict. If the jury
13returns a general verdict, the division specifies that a court
14shall not set aside or reverse such a verdict on the basis
15of a defective or insufficient theory if one or more of the
16theories presented and described in the complaint, information,
17or indictment is sufficient to sustain the verdict on at least
18one count.
19GUILTY PLEAS — CHALLENGES. If a defendant challenges a
20guilty plea based on an alleged defect in the plea proceedings,
21the division provides that the plea shall not be vacated unless
22the defendant demonstrates it is more likely than not that the
23defendant would not have pled guilty if the defect had not
24occurred. The burden applies whether the challenge is made
25by motion in arrest of judgment or in a challenge on appeal.
26Any provision in the Iowa rules of criminal procedure that are
27inconsistent with this provision shall have no legal effect.
28POSTCONVICTION RELIEF — RECORDS. The division creates new
29Code section 822.10A relating to postconviction procedure. The
30division provides that the court file containing the conviction
31for which the applicant seeks postconviction relief shall be
32part of the record in any action under Code chapter 822. Upon
33the filing of an application for postconviction relief pursuant
34to Code section 822.3, the clerk of the district court shall
35make the underlying criminal file accessible to the applicant,
-34-1county attorney, and attorney general. If the criminal file
2records are not available in electronic format, the division
3requires the clerk of the district court to convert the records
4to an electronic format and make the records available to the
5applicant, county attorney, and attorney general.
6POSTCONVICTION — RELIEF. The bill strikes a provision that
7requires the respondent to an application for postconviction
8relief, to file an answer to the application with relevant
9portions of the record of the proceedings being challenged, if
10the applicant fails to file the application without the record
11of the proceedings being challenged.
12DIVISION VII — STATE AND COUNTY MEDICAL EXAMINER DEATH
13REPORTS AND INVESTIGATIONS. Currently, the report of an
14investigation by the state medical examiner or county medical
15examiner and the record and report of an autopsy shall be
16received as evidence in court or other proceedings, except that
17statements by witnesses or other persons and conclusions on
18extraneous matters included in the report are inadmissible.
19The division provides that the report of an investigation made
20by the state medical examiner or county medical examiner shall
21be admissible in court including any findings of the state
22medical examiner or county medical examiner and any information
23provided by a county attorney or law enforcement agency, if
24the information is otherwise admissible under the Iowa rules
25of evidence.
26The division provides that in formulating findings and
27conclusions regarding the cause and manner of death, the state
28medical examiner or county medical examiner shall be allowed
29to rely upon and include in the report of an investigation
30any information provided to the medical examiner by a county
31attorney or law enforcement agency.
32Additionally, the state medical examiner or county
33medical examiner may also rely upon and consider statements
34by witnesses or other persons for purposes of developing a
35clinical history of the decedent that preceded death when
-35-1formulating findings and conclusions on the cause and manner of
2death. A court shall not exclude a medical examiner opinion
3as the cause of death on the basis that the examiner has
4considered out-of-court statements in forming that opinion, and
5such an opinion shall not constitute reversible error.
6The division also specifies that in lieu of conducting
7its own investigation, the state medical examiner may rely
8exclusively upon the findings of the county medical examiner,
9county attorney, or a law enforcement agency.
10DIVISION VIII — CRIMINAL PENALTIES.
11POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a
12person commits a first offense possession of a controlled
13substance the person commits a serious misdemeanor. If a
14person commits a second offense possession of a controlled
15substance and the person has previously been convicted of
16violating Code chapter 124 (controlled substances), Code
17chapter 124B (precursor substances), Code chapter 453B (excise
18tax on unlawful dealing), or Code chapter 124A (imitation
19controlled substances as it existed on July 1, 2017), the
20person commits an aggravated misdemeanor.
21Currently, if a person commits a first offense possession
22of marijuana, the offense is punishable by imprisonment in
23the county jail for not more than six months or by a fine
24of not more than $1,000, or by both. If a person commits a
25second offense possession of marijuana, the person commits
26a serious misdemeanor, and if a person commits a third or
27subsequent offense possession of marijuana, the person commits
28an aggravated misdemeanor.
29The division makes convictions or the equivalent of deferred
30judgments for violations in any other state count as a previous
31offense if the violation in the other state substantially
32corresponds with possession of controlled substance violations
33in this state, thus making a person with a conviction in
34another state more likely to be subject to enhanced penalties
35for possession of a controlled substance in this state under
-36-1Code section 124.401(5), as amended by the division. The
2division specifies that the court shall judicially notice the
3statutes of other states which define offenses substantially
4equivalent to possession of a controlled substance.
5HOMICIDE BY VEHICLE. The division provides that a person
6commits a class “C” felony when the person unintentionally
7causes the death of another when exceeding the speed limit by
825 miles per hour or more, in violation of Code section 321.285
9(speed restrictions), 321.290 (special restrictions), 321.293
10(local authorities may alter limits), or 321.295 (limitation
11on bridge or elevated structures), if the death of the other
12person directly or indirectly results from such a violation.
13Currently, a person who violates Code section 321.285
14commits a simple misdemeanor or a simple misdemeanor punishable
15as a scheduled fine under Code section 805.8A, a person who
16violates Code section 321.290 or 321.293 commits a simple
17misdemeanor, and a person who violates Code section 321.295
18commits a simple misdemeanor punishable as a scheduled fine of
19$50.
20ARSON IN THE FIRST DEGREE. The division requires an
21offender who commits the criminal offense of arson in the first
22degree to serve 50 to 70 percent of a 25-year class “B” felony
23sentence prior to being eligible for parole or work release.
24Under current law, such an offender is sentenced to confinement
25for 25 years but is eligible for parole upon entering prison.
26At the time of sentencing, the division provides that the
27court determine when a person convicted of arson in the first
28degree first becomes eligible for parole or work release within
29the parameters of 50 to 70 percent of the 25-year sentence,
30based upon all pertinent information including the person’s
31criminal record, a validated risk assessment, and the negative
32impact the offense has had on the victim or other persons. The
33division also makes arson in the first degree a category “B”
34sentence under Code section 903A.2, in effect increasing the
35length of the sentence by reducing the amount of earned time
-37-1such a person is eligible for during confinement from one and
2two-tenths of a day for each day of good conduct to fifteen
3eighty-fifths of a day for each day of good conduct.
-38-jm/rh