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Senate File 2382 - IntroducedA Bill ForAn Act 1relating to criminal law and procedure including certain
2related administrative proceedings, providing penalties, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ExpungementS
3 Section 1. Section 123.46, subsection 6, Code 2018, is
4amended to read as follows:
56. Upon the expiration of two years following conviction
6for a violation of this section and a violation or of a
7similar local ordinance that arose from the same transaction
8or occurrence, a person may petition the court to expunge the
9conviction including the conviction for a violation of a local
10ordinance that arose from the same transaction or occurrence,
11and if the person has had no other criminal convictions, other
12than local traffic violations or simple misdemeanor violations
13of chapter 321 during the two-year period, the conviction and
14the conviction for a violation of a local ordinance that arose
15from the same transaction or occurrence shall be expunged as
16a matter of law. The court shall enter an order that the
17record of the conviction and the conviction for a violation
18of a local ordinance that arose from the same transaction or
19occurrence be expunged by the clerk of the district court.
20Notwithstanding section 692.2, after receipt of notice from the
21clerk of the district court that a record of conviction and
22the conviction for a violation of a local ordinance that arose
23from the same transaction or occurrence has been expunged,
24the record of conviction and the conviction for a violation
25of a local ordinance that arose from the same transaction or
26occurrence shall be removed from the criminal history data
27files maintained by the department of public safety if such a
28record was maintained in the criminal history data files.
29 Sec. 2. NEW SECTION. 901C.3 Misdemeanor — expungement.
301. Upon application of a defendant convicted of a
31misdemeanor offense, the court shall enter an order expunging
32the record of such a criminal case, as a matter of law, if
33the defendant has established that more than eight years
34have passed since the date of the conviction, the defendant
35is not the subject of a protective order or a no-contact
-1-1order, the defendant has no pending criminal charges, the
2defendant has not been subsequently convicted of or granted a
3deferred judgment for any criminal offense, other than a simple
4misdemeanor conviction under chapter 321 or of a similar local
5ordinance, and all court costs, fees, fines, and restitution
6and other financial obligations ordered by the court or
7assessed by the clerk of the district court have been paid.
82. An expungement under this section shall not be entered
9for any of the following misdemeanor convictions:
10a. A conviction under section 123.46 or similar local
11ordinance.
12b. A simple misdemeanor conviction under section 123.47,
13subsection 3, or similar local ordinance.
14c. A conviction for dependent adult abuse under section
15235B.20.
16d. A conviction under section 321.218, 321A.32, or 321J.21.
17e. A conviction under section 321J.2.
18f. A conviction for a sex offense as defined in section
19692A.101.
20g. A conviction for involuntary manslaughter under section
21707.5.
22h. A conviction for assault under section 708.2, subsection
233.
24i. A conviction under section 708.2A.
25j. A conviction for harassment under section 708.7.
26k. A conviction for stalking under section 708.11.
27l. A conviction for removal of an officer’s communication or
28control device under section 708.12.
29m. A conviction for trespass under section 716.8, subsection
303 or 4.
31n. A conviction under chapter 717C.
32o. A conviction under chapter 719.
33p. A conviction under chapter 720.
34q. A conviction under section 721.2.
35r. A conviction under section 721.10.
-2- 1s. A conviction under section 723.1.
2t. A conviction under chapter 724.
3u. A conviction under chapter 726.
4v. A conviction under chapter 728.
5w. A conviction under chapter 901A.
6x. A conviction for a comparable offense listed in 49 C.F.R.
7§383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4).
8y. A conviction under prior law of an offense comparable to
9an offense enumerated in this subsection.
103. A person shall only be allowed to apply for an
11expungement of a record under this section one time in
12the person’s lifetime. However, the one application may
13request the expungement of records relating to more than one
14misdemeanor offense if the misdemeanor offenses arose from the
15same transaction or occurrence, and the application contains
16the misdemeanor offenses to be expunged.
174. The expunged record under this section is a confidential
18record exempt from public access under section 22.7 but shall
19be made available by the clerk of the district court upon court
20order.
215. Notwithstanding section 692.2, after receipt of
22notice from the clerk of the district court that a record of
23conviction has been expunged under subsection 1, the record
24of conviction shall be removed from the criminal history data
25files maintained by the department of public safety if such a
26record was maintained in the criminal history data files.
276. The supreme court may prescribe rules governing the
28procedures applicable to the expungement of a criminal case
29under this section.
307. This section applies to a misdemeanor conviction that
31occurred prior to, on, or after July 1, 2018.
32DIVISION II
33ROBBERY
34 Sec. 3. NEW SECTION. 702.26 Simulated firearm.
35“Simulated firearm” means a device which is not a firearm,
-3-1but which is expressly represented to be a firearm, or
2an object which is not a firearm but which is impliedly
3represented to be a firearm and which under the circumstances
4would lead a reasonable person to believe it to be a firearm.
5 Sec. 4. NEW SECTION. 702.27 Simulated explosive.
6“Simulated explosive” means a device which is not an
7explosive, but which is expressly represented to be an
8explosive, or a device which is not an explosive but is
9impliedly represented to be an explosive and which by its
10appearance would lead a reasonable person to believe it to be
11an explosive.
12 Sec. 5. Section 711.2, Code 2018, is amended to read as
13follows:
14711.2 Robbery in the first degree.
15A person commits robbery in the first degree when, while
16perpetrating a robbery, the person purposely inflicts or
17attempts to inflict serious injury, or is armed with a
18dangerous weapon, simulated firearm, or simulated explosive.
19Robbery in the first degree is a class “B” felony.
20 Sec. 6. Section 711.3, Code 2018, is amended to read as
21follows:
22711.3 Robbery in the second degree.
23All robbery which is not robbery in the first degree is
24robbery in the second degree, except as provided in section
25711.3A. Robbery in the second degree is a class “C” felony.
26 Sec. 7. Section 901.11, Code 2018, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 2A. At the time of sentencing, the court
29shall determine when a person convicted of robbery in the first
30degree as described in section 902.12, subsection 2A, shall
31first become eligible for parole or work release within the
32parameters specified in section 902.12, subsection 2A, based
33upon all pertinent information including the person’s criminal
34record, a validated risk assessment, and the negative impact
35the offense has had on the victim or other persons.
-4-1 Sec. 8. Section 902.12, subsection 1, paragraph e, Code
22018, is amended to read as follows:
3e. Robbery in the first or second degree in violation of
4section 711.2 or 711.3, except as determined in subsection 3.
5 Sec. 9. Section 902.12, Code 2018, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 2A. a. A person serving a sentence for
8a conviction for robbery in the first degree in violation of
9section 711.2 for a conviction that occurs on or after July 1,
102018, shall be denied parole or work release until the person
11has served between one-half and seven-tenths of the maximum
12term of the person’s sentence as determined under section
13901.11, subsection 2A.
14b. Notwithstanding section 902.12, subsection 1, paragraph
15“e”, Code 2018, if a person is serving a sentence for robbery in
16the first degree in violation of section 711.2 for a conviction
17that occurs prior to July 1, 2018, the person shall be denied
18parole or work release until the person has served between
19one-half and seven-tenths of the maximum term of the person’s
20sentence as determined by the board of parole based upon the
21person’s criminal record, a validated risk assessment, and the
22negative impact the offense has had on the victim or other
23persons.
24 Sec. 10. REPEAL. Section 711.3A, Code 2018, is repealed.
25DIVISION III
26PROPERTY CRIMES — VALUE
27 Sec. 11. Section 712.3, Code 2018, is amended to read as
28follows:
29712.3 Arson in the second degree.
30Arson which is not arson in the first degree is arson in the
31second degree when the property which is the subject of the
32arson is a building or a structure, or real property of any
33kind, or standing crops, or is personal property the value of
34which exceeds five seven hundred fifty dollars. Arson in the
35second degree is a class “C” felony.
-5-1 Sec. 12. Section 714.2, Code 2018, is amended to read as
2follows:
3714.2 Degrees of theft.
41. The theft of property exceeding ten thousand dollars in
5value, or the theft of property from the person of another, or
6from a building which has been destroyed or left unoccupied
7because of physical disaster, riot, bombing, or the proximity
8of battle, or the theft of property which has been removed from
9a building because of a physical disaster, riot, bombing, or
10the proximity of battle, is theft in the first degree. Theft
11in the first degree is a class “C” felony.
122. The theft of property exceeding one thousand five
13hundred dollars but not exceeding ten thousand dollars in value
14or theft of a motor vehicle as defined in chapter 321 not
15exceeding ten thousand dollars in value, is theft in the second
16degree. Theft in the second degree is a class “D” felony.
17However, for purposes of this subsection, “motor vehicle” does
18not include a motorized bicycle as defined in section 321.1,
19subsection 40, paragraph “b”.
203. The theft of property exceeding five seven hundred fifty
21 dollars but not exceeding one thousand five hundred dollars in
22value, or the theft of any property not exceeding five hundred
23dollars in value by one who has before been twice convicted of
24theft, is theft in the third degree. Theft in the third degree
25is an aggravated misdemeanor.
264. The theft of property exceeding two three hundred dollars
27in value but not exceeding five seven hundred fifty dollars
28in value is theft in the fourth degree. Theft in the fourth
29degree is a serious misdemeanor.
305. The theft of property not exceeding two three hundred
31dollars in value is theft in the fifth degree. Theft in the
32fifth degree is a simple misdemeanor.
33 Sec. 13. Section 714.3A, subsection 1, Code 2018, is amended
34to read as follows:
351. A person commits aggravated theft when the person commits
-6-1an assault as defined in section 708.1, subsection 2, paragraph
2“a”, that is punishable as a simple misdemeanor under section
3708.2, subsection 6, after the person has removed or attempted
4to remove property not exceeding two three hundred dollars in
5value which has not been purchased from a store or mercantile
6establishment, or has concealed such property of the store or
7mercantile establishment, either on the premises or outside the
8premises of the store or mercantile establishment.
9 Sec. 14. Section 714.7B, subsection 6, paragraphs a and b,
10Code 2018, are amended to read as follows:
11a. A simple misdemeanor if the value of the goods, wares, or
12merchandise does not exceed two three hundred dollars.
13b. A serious misdemeanor if the value of the goods, wares,
14or merchandise exceeds two three hundred dollars.
15 Sec. 15. Section 714.10, subsection 1, Code 2018, is amended
16to read as follows:
171. Fraudulent practice in the second degree is the
18following:
19a. A fraudulent practice where the amount of money or value
20of property or services involved exceeds one thousand five
21hundred dollars but does not exceed ten thousand dollars.
22b. A fraudulent practice where the amount of money or
23value of property or services involved does not exceed one
24thousand five hundred dollars by one who has been convicted of
25a fraudulent practice twice before.
26 Sec. 16. Section 714.11, subsection 1, paragraph a, Code
272018, is amended to read as follows:
28a. A fraudulent practice where the amount of money or value
29of property or services involved exceeds five seven hundred
30fifty dollars but does not exceed one thousand five hundred
31 dollars.
32 Sec. 17. Section 714.12, Code 2018, is amended to read as
33follows:
34714.12 Fraudulent practice in the fourth degree.
351. Fraudulent practice in the fourth degree is a fraudulent
-7-1practice where the amount of money or value of property or
2services involved exceeds two three hundred dollars but does
3not exceed five seven hundred fifty dollars.
42. Fraudulent practice in the fourth degree is a serious
5misdemeanor.
6 Sec. 18. Section 714.13, Code 2018, is amended to read as
7follows:
8714.13 Fraudulent practice in the fifth degree.
91. Fraudulent practice in the fifth degree is a fraudulent
10practice where the amount of money or value of property or
11services involved does not exceed two three hundred dollars.
122. Fraudulent practice in the fifth degree is a simple
13misdemeanor.
14 Sec. 19. Section 715A.6, subsection 2, paragraphs b and c,
15Code 2018, are amended to read as follows:
16b. If the value of the property or services secured or
17sought to be secured by means of the credit card is greater
18than one thousand five hundred dollars but not more than ten
19thousand dollars, an offense under this section is a class “D”
20felony.
21c. If the value of the property or services secured
22or sought to be secured by means of the credit card is one
23thousand five hundred dollars or less, an offense under this
24section is an aggravated misdemeanor.
25 Sec. 20. Section 715A.8, subsection 3, paragraphs b and c,
26Code 2018, are amended to read as follows:
27b. If the value of the credit, property, services, or other
28benefit exceeds one thousand five hundred dollars but does not
29exceed ten thousand dollars, the person commits a class “D”
30felony.
31c. If the value of the credit, property, services, or other
32benefit does not exceed one thousand five hundred dollars, the
33person commits an aggravated misdemeanor.
34 Sec. 21. Section 716.4, subsection 1, Code 2018, is amended
35to read as follows:
-8- 11. Criminal mischief is criminal mischief in the second
2degree if the cost of replacing, repairing, or restoring the
3property that is damaged, defaced, altered, or destroyed
4exceeds one thousand five hundred dollars but does not exceed
5ten thousand dollars.
6 Sec. 22. Section 716.5, subsection 1, paragraph a, Code
72018, is amended to read as follows:
8a. The cost of replacing, repairing, or restoring the
9property that is damaged, defaced, altered, or destroyed
10exceeds five seven hundred fifty dollars, but does not exceed
11one thousand five hundred dollars.
12 Sec. 23. Section 716.6, subsection 1, paragraph a,
13subparagraph (1), Code 2018, is amended to read as follows:
14(1) The cost of replacing, repairing, or restoring the
15property that is damaged, defaced, altered, or destroyed
16exceeds two three hundred dollars, but does not exceed five
17 seven hundred fifty dollars.
18 Sec. 24. Section 716.8, subsections 2 and 4, Code 2018, are
19amended to read as follows:
202. Any person committing a trespass as defined in section
21716.7, other than a trespass as defined in section 716.7,
22subsection 2, paragraph “a”, subparagraph (6), which results in
23injury to any person or damage in an amount more than two three
24 hundred dollars to anything, animate or inanimate, located
25thereon or therein commits a serious misdemeanor.
264. A person committing a trespass as defined in section
27716.7 with the intent to commit a hate crime which results in
28injury to any person or damage in an amount more than two three
29 hundred dollars to anything, animate or inanimate, located
30thereon or therein commits an aggravated misdemeanor.
31 Sec. 25. Section 716.10, subsection 2, paragraphs d, e, f,
32and g, Code 2018, are amended to read as follows:
33d. A person commits railroad vandalism in the fourth degree
34if the person intentionally commits railroad vandalism which
35results in property damage which costs ten thousand dollars
-9-1or less but more than one thousand five hundred dollars to
2replace, repair, or restore. Railroad vandalism in the fourth
3degree is a class “D” felony.
4e. A person commits railroad vandalism in the fifth degree
5if the person intentionally commits railroad vandalism which
6results in property damage which costs more than five seven
7 hundred fifty dollars but does not exceed one thousand five
8hundred dollars to replace, repair, or restore. Railroad
9vandalism in the fifth degree is an aggravated misdemeanor.
10f. A person commits railroad vandalism in the sixth degree
11if the person intentionally commits railroad vandalism which
12results in property damage which costs more than one three
13 hundred dollars but does not exceed five seven hundred fifty
14 dollars to replace, repair, or restore. Railroad vandalism in
15the sixth degree is a serious misdemeanor.
16g. A person commits railroad vandalism in the seventh
17degree if the person intentionally commits railroad vandalism
18which results in property damage which costs one three hundred
19dollars or less to replace, repair, or restore. Railroad
20vandalism in the seventh degree is a simple misdemeanor.
21 Sec. 26. Section 716A.2, subsection 2, paragraph b, Code
222018, is amended to read as follows:
23b. The revenue generated from a specific unsolicited bulk
24electronic mail transmission exceeds one thousand five hundred
25 dollars or the total revenue generated from all unsolicited
26bulk electronic mail transmitted to any electronic mail service
27provider by the person exceeds fifty thousand dollars.
28DIVISION IV
29REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS
30 Sec. 27. Section 124.412, Code 2018, is amended to read as
31follows:
32124.412 Notice of conviction.
33If a person enters a plea of guilty to, or forfeits bail
34or collateral deposited to secure the person’s appearance in
35court, and such forfeiture is not vacated, or if a person
-10-1is found guilty upon an indictment or information alleging a
2violation of this chapter, a copy of the minutes attached to
3the indictment returned by the grand jury, or to the county
4attorney’s information, a copy of the judgment and sentence,
5and a copy of the opinion of the judge if one is filed, shall
6be sent by the clerk of the district court or the judge to
7the state department of transportation and to any state board
8or officer by whom the convicted person has been licensed or
9registered to practice the person’s profession or carry on
10the person’s business. On the conviction of a person, the
11court may suspend or revoke the license or registration of the
12convicted defendant to practice the defendant’s profession
13or carry on the defendant’s business. On the application of
14a person whose license or registration has been suspended or
15revoked, and upon proper showing and for good cause, the board
16or officer may reinstate the license or registration.
17 Sec. 28. Section 321.212, subsection 1, paragraph d, Code
182018, is amended by striking the paragraph.
19 Sec. 29. Section 321.215, subsection 1, paragraph b, Code
202018, is amended to read as follows:
21b. However, a temporary restricted license shall not be
22issued to a person whose license is revoked pursuant to a court
23order issued under section 901.5, subsection 10, or under
24section 321.209, subsections 1 through 5 or subsection 7; to a
25juvenile whose license has been suspended or revoked pursuant
26to a dispositional order under section 232.52, subsection
272, paragraph “a”, for a violation of chapter 124 or 453B or
28section 126.3; to a juvenile whose license has been suspended
29under section 321.213B; or to a person whose license has been
30suspended pursuant to a court order under section 714.7D. A
31temporary restricted license may be issued to a person whose
32license is revoked under section 321.209, subsection 6, only
33if the person has no previous drag racing convictions. A
34person holding a temporary restricted license issued by the
35department under this section shall not operate a motor vehicle
-11-1for pleasure.
2 Sec. 30. Section 321.215, subsection 2, unnumbered
3paragraph 1, Code 2018, is amended to read as follows:
4Upon conviction and the suspension or revocation of a
5person’s noncommercial driver’s license under section 321.209,
6subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
7or upon revocation pursuant to a court order issued under
8section 901.5, subsection 10; or upon the denial of issuance
9of a noncommercial driver’s license under section 321.560,
10based solely on offenses enumerated in section 321.555,
11subsection 1, paragraph “c”, or section 321.555, subsection
122; or upon suspension or revocation of a juvenile’s driver’s
13license pursuant to a dispositional order under section 232.52,
14subsection 2, paragraph “a”, for a violation of chapter 124
15or 453B, or section 126.3; or upon suspension of a driver’s
16license pursuant to a court order under section 714.7D, the
17person may apply to the department for a temporary restricted
18license to operate a motor vehicle for the limited purpose or
19purposes specified in subsection 1. The application may be
20granted only if all of the following criteria are satisfied:
21 Sec. 31. Section 321.215, subsection 2, paragraph c, Code
222018, is amended to read as follows:
23c. Proof of financial responsibility is established as
24defined in chapter 321A. However, such proof is not required
25if the driver’s license was suspended under section 321.210A
26or 321.513 or revoked pursuant to a court order issued under
27section 901.5, subsection 10.
28 Sec. 32. Section 321.218, subsection 1, Code 2018, is
29amended to read as follows:
301. A person whose driver’s license or operating privilege
31has been denied, canceled, suspended, or revoked as provided
32in this chapter or as provided in section 252J.8 or section
33901.5, subsection 10, and who operates a motor vehicle upon
34the highways of this state while the license or privilege
35is denied, canceled, suspended, or revoked, commits a
-12-1simple misdemeanor. In addition to any other penalties, the
2punishment imposed for a violation of this subsection shall
3include assessment of a fine of not less than two hundred fifty
4dollars nor more than one thousand five hundred dollars.
5 Sec. 33. Section 321A.17, subsection 4, Code 2018, is
6amended to read as follows:
74. An individual applying for a driver’s license following a
8period of suspension or revocation pursuant to a dispositional
9order issued under section 232.52, subsection 2, paragraph
10“a”, or under section 321.180B, section 321.210, subsection
111, paragraph “a”, subparagraph (4), or section 321.210A,
12321.213A, 321.213B, 321.216B, or 321.513, following a period
13of suspension or revocation under section 321.178 or 321.194,
14or following a period of revocation pursuant to a court order
15issued under section 901.5, subsection 10, or under section
16321J.2A, is not required to maintain proof of financial
17responsibility under this section.
18 Sec. 34. Section 901.5, subsection 10, Code 2018, is amended
19by striking the subsection.
20 Sec. 35. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s
21driver’s license suspended or revoked pursuant to section
22901.5, subsection 10, prior to the effective date of this Act,
23shall be reinstated, if the defendant is otherwise eligible for
24a driver’s license.
25 Sec. 36. CONTINGENT EFFECTIVE DATE. This division of this
26Act takes effect on the date the governor submits to the United
27States secretary of transportation a written certification
28that the governor is opposed to the enforcement in this state
29of a law described in 23 U.S.C. §159(a)(3)(A) and a written
30certification that the general assembly has adopted a joint
31resolution expressing its opposition to the same, in accordance
32with 23 U.S.C. §159(a)(3)(B). The office of the governor shall
33notify the Code editor upon submission of the certifications
34described in this section.
35DIVISION V
-13-1theft, fraud, and forgery revisionS
2 Sec. 37. NEW SECTION. 714.2A Consolidation of theft
3offenses.
4For purposes of charging a person with theft, any conduct
5specified as theft in section 714.1, subsections 1 through 10,
6constitutes a single offense of theft embracing the separated
7offenses of theft known as taking, misappropriation, theft by
8deception, possession or receipt of stolen property, fraudulent
9conversion, check fraud, theft from a public utility, unlawful
10access to a computer, theft of video rental property, and other
11similar offenses related to theft. An accusation of theft may
12be supported by evidence that it was committed in any manner
13that would be theft under sections 714.1, subsections 1 through
1410, notwithstanding the specification of a different manner
15in the complaint, indictment, or information, subject only
16to the power of the court to ensure a fair trial by granting
17a continuance or other appropriate relief where the conduct
18of the defense would be prejudiced by lack of fair notice or
19surprise.
20 Sec. 38. Section 715A.2, subsection 2, paragraph a, Code
212018, is amended by adding the following new subparagraph:
22 NEW SUBPARAGRAPH. (5) A driver’s license, nonoperator’s
23identification card, birth certificate, or occupational license
24or certificate in support of an occupational license issued by
25a department, agency, board, or commission in this state.
26 Sec. 39. Section 715A.2A, subsection 1, paragraphs a and b,
27Code 2018, are amended to read as follows:
28a. Hires a person when the employer or an agent or employee
29of the employer knows that the document evidencing the person’s
30authorized stay or employment in the United States is in
31violation of section 715A.2, subsection 2, paragraph “a”,
32subparagraph (4) or (5), or knows that the person is not
33authorized to be employed in the United States.
34b. Continues to employ a person when the employer or an
35agent or employee of the employer knows that the document
-14-1evidencing the person’s authorized stay or employment in the
2United States is in violation of section 715A.2, subsection 2,
3paragraph “a”, subparagraph (4) or (5), or knows that the person
4is not authorized to be employed in the United States.
5 Sec. 40. Section 802.5, Code 2018, is amended to read as
6follows:
7802.5 Extension for fraud, fiduciary breach.
81. If the periods prescribed in sections 802.3 and 802.4
9have expired, prosecution may nevertheless be commenced for any
10offense a material element of which is either fraud or a breach
11of fiduciary obligation within one year after discovery of the
12offense by an aggrieved party or by a person who has a legal
13duty to represent an aggrieved party and who is not a party to
14the offense, but in no case shall this provision extend the
15period of limitation otherwise applicable by more than three
16 five years.
172. A prosecution may be commenced under this section as
18long as the appropriate law enforcement agency has not delayed
19the investigation in bad faith. This subsection shall not be
20construed to require a law enforcement agency to pursue an
21unknown offender with due diligence.
22DIVISION VI
23criminal proceedings
24 Sec. 41. NEW SECTION. 701.12 Reference to victim in
25criminal proceeding.
26In a criminal prosecution, the prosecuting attorney or
27a witness may refer to a person using the term “victim”
28during any criminal proceeding including at trial, if there
29is sufficient evidence to support a finding that the person
30referred to as the victim meets the definition of a victim in
31section 915.10. A conviction shall not be reversed on appeal
32based upon a reference or references to a person as a victim
33during a criminal proceeding, if there is sufficient evidence
34in the record to support a finding that the person meets the
35definition of victim in section 915.10.
-15-1 Sec. 42. Section 814.6, subsection 1, paragraph a, Code
22018, is amended to read as follows:
3a. A final judgment of sentence, except in case of the
4following cases:
5(1) Asimple misdemeanor and ordinance violation
6convictions conviction.
7(2) An ordinance violation.
8(3) A conviction where the defendant has pled guilty. This
9subparagraph does not apply to a guilty plea for a class “A”
10felony.
11 Sec. 43. Section 814.6, subsection 2, Code 2018, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. f. An order denying a motion in arrest of
14judgment on grounds other than an ineffective assistance of
15counsel claim.
16 Sec. 44. Section 814.7, Code 2018, is amended to read as
17follows:
18814.7 Ineffective assistance claim on appeal in a criminal
19case.
201. An ineffective assistance of counsel claim in a
21criminal case shall be determined by filing an application
22for postconviction relief pursuant to chapter 822, except as
23otherwise provided in this section. The claim need not be
24raised on direct appeal from the criminal proceedings in order
25to preserve the claim for postconviction relief purposes,
26and the claim shall not be decided on direct appeal from the
27criminal proceedings.
282. A party may, but is not required to, raise an ineffective
29assistance claim on direct appeal from the criminal proceedings
30if the party has reasonable grounds to believe that the record
31is adequate to address the claim on direct appeal.
323. If an ineffective assistance of counsel claim is raised
33on direct appeal from the criminal proceedings, the court may
34decide the record is adequate to decide the claim or may choose
35to preserve the claim for determination under chapter 822.
-16-1 Sec. 45. NEW SECTION. 814.28 General verdicts.
2When the prosecution relies on multiple or alternative
3theories to prove the commission of a public offense, a jury
4may return a general verdict. If the jury returns a general
5verdict, an appellate court shall not set aside or reverse such
6a verdict on the basis of a defective or insufficient theory
7if one or more of the theories presented and described in the
8complaint, information, or indictment is sufficient to sustain
9the verdict on at least one count.
10 Sec. 46. NEW SECTION. 814.29 Guilty pleas — challenges.
11If a defendant challenges a guilty plea based on an alleged
12defect in the plea proceedings, the plea shall not be vacated
13unless the defendant demonstrates that the defendant more
14likely than not would not have pled guilty if the defect had
15not occurred. The burden applies whether the challenge is
16made through a motion in arrest of judgment or on appeal. Any
17provision in the Iowa rules of criminal procedure that are
18inconsistent with this section shall have no legal effect.
19 Sec. 47. Section 822.6, unnumbered paragraph 1, Code 2018,
20is amended to read as follows:
21Within thirty days after the docketing of the application,
22or within any further time the court may fix, the state shall
23respond by answer or by motion which may be supported by
24affidavits. At any time prior to entry of judgment the court
25may grant leave to withdraw the application. The court may
26make appropriate orders for amendment of the application or
27any pleading or motion, for pleading over, for filing further
28pleadings or motions, or for extending the time of the filing
29of any pleading. In considering the application the court
30shall take account of substance regardless of defects of form.
31If the application is not accompanied by the record of the
32proceedings challenged therein, the respondent shall file with
33its answer the record or portions thereof that are material to
34the questions raised in the application.
35 Sec. 48. NEW SECTION. 822.10A Underlying criminal offense.
-17- 1The court file containing the conviction for which an
2applicant seeks postconviction relief shall be part of the
3record in any action under this chapter. Upon the filing
4of an application for postconviction relief pursuant to
5section 822.3, the clerk of the district court shall make the
6underlying criminal file records accessible to the applicant,
7county attorney, and attorney general. If the criminal file
8records are not available in electronic format, the clerk of
9the district court shall convert the records to an electronic
10format and make the records available to the applicant, county
11attorney, and attorney general.
12DIVISION VII
13STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND
14INVESTIGATIONS
15 Sec. 49. Section 331.802, subsection 5, Code 2018, is
16amended by adding the following new paragraphs:
17 NEW PARAGRAPH. c. In formulating findings and conclusions
18regarding the cause and manner of death, the state medical
19examiner or county medical examiner shall be allowed to rely
20upon and include in the report referred to in subsection 2,
21paragraph “a”, any information provided by the county attorney
22or law enforcement agency to the medical examiner making the
23autopsy.
24 NEW PARAGRAPH. d. The state medical examiner or county
25medical examiner may rely upon and consider statements by
26witnesses or other persons for purposes of developing a
27clinical history of the decedent that preceded death when
28formulating findings and conclusions on the cause and manner of
29death. A court shall not exclude a medical examiner’s opinion
30as to the cause of death on the basis that the medical examiner
31relied on out-of-court statements in forming that opinion, and
32such an opinion shall not constitute reversible error.
33 Sec. 50. Section 331.802, subsection 6, Code 2018, is
34amended to read as follows:
356. a. The report of an investigation made by the state
-18-1medical examiner or a county medical examiner and the record
2and report of an autopsy made under this section or chapter
3691, shall be received as evidence in any court or other
4proceedings, except that statements by witnesses or other
5persons and conclusions on extraneous matters included in the
6report are not admissible including any findings of the state
7medical examiner or county medical examiner and any information
8provided by a prosecuting attorney or law enforcement agency,
9if the information is admissible under the Iowa rules of
10evidence or have otherwise been substantially admitted into
11evidence. The person preparing a report or record given
12in evidence may be subpoenaed as a witness in any civil or
13criminal case by any party to the cause. A copy of a record,
14photograph, laboratory finding, or record in the office of the
15state medical examiner or any medical examiner, when attested
16to by the state medical examiner or a staff member or the
17medical examiner in whose office the record, photograph, or
18finding is filed, shall be received as evidence in any court
19or other proceedings for any purpose for which the original
20could be received without proof of the official character of
21the person whose name is signed to it.
22b. The state medical examiner and county medical examiner
23may rely upon and consider statements by witnesses or other
24persons for purposes of developing a clinical history of the
25decedent that preceded death when formulating findings and
26conclusions on the cause and manner of death.
27 Sec. 51. NEW SECTION. 691.5A Investigations.
28In lieu of conducting an investigation pursuant to this
29chapter, the state medical examiner may rely exclusively upon
30the findings of the county medical examiner, county attorney,
31or a law enforcement agency.
32DIVISION VIII
33CRIMINAL PENALTIES
34 Sec. 52. Section 124.401, subsection 5, Code 2018, is
35amended to read as follows:
-19- 15. It is unlawful for any person knowingly or intentionally
2to possess a controlled substance unless such substance was
3obtained directly from, or pursuant to, a valid prescription
4or order of a practitioner while acting in the course of the
5practitioner’s professional practice, or except as otherwise
6authorized by this chapter. Any Except as otherwise provided
7in this subsection, any person who violates this subsection
8is guilty of a serious misdemeanor for a first offense. A
9person who commits a violation of this subsection and who has
10previously been convicted of violating this chapter or chapter
11124B or 453B, or chapter 124A as it existed prior to July 1,
122017, is guilty of an aggravated misdemeanor. A person who
13commits a violation of this subsection and has previously
14been convicted two or more times of violating this chapter or
15chapter 124B or 453B, or chapter 124A as it existed prior to
16July 1, 2017, is guilty of a class “D” felony.
17a. (1) If Except as otherwise provided in subparagraph (4),
18if the controlled substance is marijuana, the punishment shall
19be by imprisonment in the county jail for not more than six
20months or by a fine of not more than one thousand dollars, or by
21both such fine and imprisonment for a first offense.
22(2) If the controlled substance is marijuana and the person
23has been previously convicted of a violation of this subsection
24in which the controlled substance was marijuana, the punishment
25shall be as provided in section 903.1, subsection 1, paragraph
26“b”.
27(3) If the controlled substance is marijuana and the person
28has been previously convicted two or more times of a violation
29of this subsection in which the controlled substance was
30marijuana, the person is guilty of an aggravated misdemeanor.
31(4) If the controlled substance is marijuana and is five
32grams or less and subparagraphs (2) and (3) do not apply, the
33person is guilty of a simple misdemeanor.
34b. Convictions for violations in any other states under
35statutes substantially corresponding to this subsection shall
-20-1be counted as previous offenses. The courts shall judicially
2notice the statutes of other states which define offenses
3substantially equivalent to the offenses defined in this
4subsection and can therefore be considered corresponding
5statutes. Each previous violation on which a conviction was
6entered prior to the date of the violation charged shall be
7considered and counted as separate previous offense.
8c. All or any part of a sentence imposed pursuant to
9this subsection may be suspended and the person placed upon
10probation upon such terms and conditions as the court may
11impose including the active participation by such person in a
12drug treatment, rehabilitation or education program approved
13by the court.
14d. If a person commits a violation of this subsection, the
15court shall order the person to serve a term of imprisonment of
16not less than forty-eight hours. Any sentence imposed may be
17suspended, and the court shall place the person on probation
18upon such terms and conditions as the court may impose. If
19the person is not sentenced to confinement under the custody
20of the director of the department of corrections, the terms
21and conditions of probation shall require submission to random
22drug testing. If the person fails a drug test, the court may
23transfer the person’s placement to any appropriate placement
24permissible under the court order.
25e. If the controlled substance is amphetamine, its salts,
26isomers, or salts of its isomers, or methamphetamine, its
27salts, isomers, or salts of its isomers, the court shall order
28the person to serve a term of imprisonment of not less than
29forty-eight hours. Any sentence imposed may be suspended,
30and the court shall place the person on probation upon such
31terms and conditions as the court may impose. The court may
32place the person on intensive probation. However, the terms
33and conditions of probation shall require submission to random
34drug testing. If the person fails a drug test, the court may
35transfer the person’s placement to any appropriate placement
-21-1permissible under the court order.
2 Sec. 53. Section 707.6A, subsection 2, Code 2018, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. c. Exceeding the speed limit by twenty-five
5miles per hour or more, in violation of section 321.285,
6321.290, 321.293, or 321.295, if the death of the other person
7directly or indirectly results from the violation of section
8321.285, 321.290, 321.293, or 321.295. This paragraph shall
9not apply to a member of a public safety agency, as defined in
10section 34.1, performing official duties.
11 Sec. 54. Section 901.11, Code 2018, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 4. At the time of sentencing, the court
14shall determine when a person convicted of arson in the first
15degree as described in section 902.12, subsection 4, shall
16first become eligible for parole or work release within the
17parameters specified in section 902.12, subsection 3, based
18upon all pertinent information including the person’s criminal
19record, a validated risk assessment, and the negative impact
20the offense has had on the victim or other persons.
21 Sec. 55. Section 902.12, Code 2018, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4. A person serving a sentence for a
24conviction for arson in the first degree in violation of
25section 712.2 that occurs on or after July 1, 2018, shall
26be denied parole or work release until the person has served
27between one-half and seven-tenths of the maximum term of
28the person’s sentence as determined under section 901.11,
29subsection 4.
30DIVISION IX
31juror SERVICE AND donations
32 Sec. 56. Section 602.1302, subsection 3, Code 2018, is
33amended to read as follows:
343. A revolving fund is created in the state treasury
35for the payment of jury and witness fees, including juror
-22-1compensation and reimbursement donated pursuant to section
2607A.8A, mileage, costs related to summoning jurors by the
3judicial branch, costs and fees related to the management and
4payment of interpreters and translators in judicial branch
5legal proceedings and court-ordered programs, and attorney
6fees paid by the state public defender for counsel appointed
7pursuant to section 600A.6A. The judicial branch shall
8deposit any reimbursements to the state for the payment of
9jury and witness fees and mileage in the revolving fund. In
10each calendar quarter the judicial branch shall reimburse
11the state public defender for attorney fees paid pursuant to
12section 600A.6B. Notwithstanding section 8.33, unencumbered
13and unobligated receipts in the revolving fund at the end of
14a fiscal year do not revert to the general fund of the state.
15The judicial branch shall on or before February 1 file a
16financial accounting of the moneys in the revolving fund with
17the legislative services agency. The accounting shall include
18an estimate of disbursements from the revolving fund for the
19remainder of the fiscal year and for the next fiscal year.
20 Sec. 57. NEW SECTION. 607A.6A Jury manager authority to
21excuse or defer juror service.
22The chief judge of the judicial district may authorize a jury
23manager to excuse persons from juror service in accordance with
24section 607A.4, 607A.5, or 607A.6 and to defer persons from
25juror service in accordance with section 607A.4, 607A.5, or
26607A.6, or for any other reason.
27 Sec. 58. Section 607A.8, subsection 3, Code 2018, is amended
28to read as follows:
293. A grand juror or a petit juror in all courts may
30waive the right of the juror to receive compensation under
31subsection 1 or reimbursement under subsection 2 or donate such
32compensation or reimbursement pursuant to section 607A.8A.
33 Sec. 59. NEW SECTION. 607A.8A Donation of juror
34compensation or reimbursement to state funds and charitable
35organizations.
-23- 11. At the discretion of a juror, the clerk of court may
2deduct an amount specified of the juror’s compensation or
3reimbursement under section 607A.8 for payment to a designated
4eligible state fund or charitable use or organization.
52. Moneys deducted pursuant to this section shall be
6paid promptly to the appropriate state fund or charitable
7organization.
83. The state court administrator shall establish six
9separate accounts for juror designated moneys for deposit into
10the designated state fund or for charitable use or distribution
11as provided in subsection 4.
124. (1) The state funds eligible to receive juror designated
13compensation include all of the following:
14(a) The victim compensation fund established in section
15915.94.
16(b) The court technology and modernization fund established
17in section 602.8108.
18(2) The charitable accounts shall be used for or distributed
19to any of the following:
20(a) Domestic violence shelters or services.
21(b) Specialized courts related to drug treatment, operating
22while intoxicated offenses, or mental health.
23(c) Pro se litigants.
24(d) The Iowa interest on lawyers trust account.
25 Sec. 60. NEW SECTION. 607A.48 Public access to juror
26information.
27Public access to juror and prospective juror information
28shall be limited. The addresses and dates of birth of
29prospective jurors are confidential and not subject to
30disclosure without an order of the court.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to criminal law and procedure including
35certain related administrative proceedings, provides penalties,
-24-1and includes effective date provisions.
2DIVISION I — EXPUNGEMENTS. This division relates to the
3expungement of records of certain misdemeanor offenses.
4The term “expunged” means the court’s criminal record with
5reference to a deferred judgment or any other criminal record
6has been segregated in a secure area or database which is
7exempted from public access.
8A person shall not receive an expungement pursuant to the
9bill unless all court costs, fees, fines, and restitution and
10other financial obligations ordered by the court or assessed by
11the clerk of the district court have been paid.
12The division provides that upon the application of a
13defendant convicted of a misdemeanor, the court shall enter
14an order expunging the record of such criminal case, as a
15matter of law, if the defendant has established that more than
16eight years have passed since the date of the conviction,
17the defendant is not the subject of a protective order or
18a no-contact order, the defendant has no pending criminal
19charges, the defendant has not been subsequently convicted of
20or granted a deferred judgment for a criminal offense, other
21than a simple misdemeanor conviction under Code chapter 321 or
22of a similar local ordinance, and all court costs, fees, fines,
23and restitution and other financial obligations ordered by the
24court or assessed by the clerk of the district court have been
25paid.
26The division strikes the provision allowing for the
27expungement of a local ordinance violation that arose out of
28the same transaction or occurrence of a conviction under Code
29section 123.46 (consumption or intoxication in public place).
30The division does not apply to the following misdemeanor
31offenses: simple misdemeanor convictions under Code sections
32123.46 (consumption or intoxication in public place) or
33similar local ordinances and 123.47(3) (alcohol consumption
34by persons under legal age) or similar local ordinances,
35because expungement procedures already exist for both
-25-1offenses; convictions for dependent adult abuse under Code
2section 235B.20; convictions relating to operating a motor
3vehicle with an invalid driver’s license under Code section
4321.218, 321A.32, or 321J.21; convictions for operating while
5intoxicated under Code section 321J.2; convictions of a sex
6offense as defined in Code section 692A.101; convictions for
7involuntary manslaughter under Code section 707.5; convictions
8for assault involving a dangerous weapon under Code section
9708.2(3); convictions for domestic abuse assault under Code
10section 708.2A; convictions for harassment under Code section
11708.7; convictions for stalking under Code section 708.11;
12convictions for removal of an officer’s communication or
13control device under Code section 708.12; convictions for
14trespass under Code section 716.8(3) or (4); convictions under
15Code chapter 717C (bestiality); convictions under Code chapter
16719 (obstructing justice); convictions under Code chapter 720
17(interference with judicial process); convictions under Code
18section 721.2 (nonfelonious conduct in office); convictions
19under Code section 721.10 (misuse of public records and files);
20convictions under Code section 723.1 (riot); convictions under
21Code chapter 724 (weapons); convictions under Code chapter 726
22(protections of the family and dependent persons); convictions
23under Code chapter 728 (obscenity); convictions under Code
24chapter 901A (sexually predatory offenses); a conviction for
25a comparable offense listed in 49 C.F.R. §383.51(b) (table
261), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s
27licenses); and any conviction under prior law of an offense
28comparable to an offense enumerated in the bill.
29The division prohibits a person from applying more than once
30for an expungement of the person’s record. However, the one
31application may request the expungement of records relating
32to more than one misdemeanor offense if the misdemeanor
33offenses arose from the same transaction or occurrence, and the
34application contains the misdemeanor offenses to be expunged.
35The division provides that the expunged record under the
-26-1bill is a confidential record exempt from public access under
2Code section 22.7 but shall be made available by the clerk of
3the district court upon court order.
4The division also provides that after receipt of notice from
5the clerk of the district court that a record of conviction has
6been expunged, the record of conviction shall be removed from
7the criminal history data files maintained by the department of
8public safety if such a record was maintained in the criminal
9history data files.
10The division provides that the supreme court may prescribe
11rules governing expungement procedures applicable to criminal
12cases pursuant to the division.
13The division applies to misdemeanor convictions that occur
14prior to, on, or after July 1, 2018.
15DIVISION II — ROBBERY. This division modifies the criminal
16offense of robbery in the first degree to include circumstances
17when a person commits a robbery with a simulated firearm or
18simulated explosive. Currently, a person commits robbery in
19the first degree when the person purposely inflicts or attempts
20to inflict serious injury, or is armed with a dangerous weapon.
21Robbery in the first degree is a class “B” felony. A person
22convicted of a class “B” felony shall also be denied parole or
23work release until the person has served at least 70 percent of
24the sentence pursuant to Code section 902.12.
25The division defines “simulated firearm” to mean a device
26which is not a firearm, but which is expressly represented to
27be a firearm, or an object which is not a firearm but which
28is impliedly represented to be a firearm and which under the
29circumstances would lead a reasonable person to believe it to
30be a firearm.
31Under the division, a simulated explosive means a device
32which is not an explosive, but which is expressly represented
33to be an explosive, or a device which is not an explosive but
34which is impliedly represented to be an explosive and which by
35its appearance would lead a reasonable person to believe it to
-27-1be an explosive.
2The division provides that a person serving a sentence for
3a conviction for robbery in the first degree for a conviction
4that occurs on or after July 1, 2018, shall serve between 50
5and 70 percent of a 25-year class “B” felony sentence prior
6to being eligible for parole or work release. In determining
7when the person is first eligible for parole or work release
8within such parameters, the sentencing court shall base its
9determination upon all pertinent information including the
10person’s criminal record, a validated risk assessment, and
11the negative impact the offense has had on the victim or
12other persons. The division provides that a person serving
13a sentence for a conviction of robbery in the first degree
14for a conviction that occurs prior to July 1, 2018, shall
15be denied parole or work release until the person has served
16between one-half and seven-tenths of the maximum term of the
17person’s sentence as determined by the board of parole based
18upon the person’s criminal record, a validated risk assessment,
19and the negative impact the offense has had on the victim or
20other persons. Under current law, such a person sentenced to
21confinement is required to serve at least 70 percent of the
2225-year maximum class “B” felony sentence prior to becoming
23eligible for parole or work release.
24The division does not modify the earned time provisions
25related to the commission of robbery in the first degree, as a
26person who commits robbery in the first degree is eligible for
27a reduction of sentence equal to fifteen eighty-fifths of a day
28for each day of good conduct by the person under Code section
29903A.2.
30Under current law and the division, felonious robbery is
31also classified as a “forcible felony” under Code section
32702.11, and a person convicted of felonious robbery is
33prohibited from receiving a suspended or deferred sentence or
34deferred judgment pursuant to Code section 907.3.
35The division repeals the offense of robbery in the third
-28-1degree, an aggravated misdemeanor. A person commits robbery
2in the third degree when, while perpetrating a robbery, the
3person commits a simple misdemeanor assault in violation of
4Code section 708.2(6).
5DIVISION III — PROPERTY CRIMES — VALUE. This division
6increases the value of damaged or stolen property or services
7necessary to commit certain levels of numerous criminal
8offenses.
9THEFT. The division increases the value of property
10necessary for a person to commit theft in the second degree
11from property exceeding $1,000 but not more than $10,000 to
12property exceeding $1,500 but not more than $10,000. Theft in
13the second degree is a class “D” felony.
14The division increases the value of property necessary for
15a person to commit theft in the third degree from property
16exceeding $500 but not more than $1,000 to property exceeding
17$750 but not more than $1,500. Theft in the third degree is an
18aggravated misdemeanor.
19The division increases the value of property necessary for
20a person to commit theft in the fourth degree from property
21exceeding $200 but not more than $500 to property exceeding
22$300 but not more than $750. Theft in the fourth degree is a
23serious misdemeanor.
24The division increases the value of property necessary for a
25person to commit theft in the fifth degree from property not
26exceeding $200 to property not exceeding $300. Theft in the
27fifth degree is a simple misdemeanor.
28AGGRAVATED THEFT. The division increases the value of
29property necessary for a person to commit aggravated theft from
30property not exceeding $200 to property not exceeding $300.
31Aggravated theft is an aggravated misdemeanor or a class “D”
32felony depending upon the circumstances of the crime. Under
33current law, a person commits aggravated theft when the person
34commits a simple assault after the person has removed or
35attempted to remove property not exceeding $200.
-29- 1THEFT DETECTION DEVICES — SHIELD OR REMOVAL. The division
2increases the value of property necessary for a person to
3commit a serious misdemeanor for removal of a theft detection
4device from property exceeding $200 in value to property
5exceeding $300 in value. The division increases the value of
6property necessary for a person to commit a simple misdemeanor
7for removal of a theft detection device from property not
8exceeding $200 in value to property not exceeding $300 in
9value.
10FRAUDULENT PRACTICE. Fraudulent practice is defined in Code
11section 714.8. The division increases the value of property or
12services necessary for a person to commit fraudulent practice
13in the second degree from property or services exceeding $1,000
14but not more than $10,000 to property exceeding $1,500 but not
15more than $10,000. Fraudulent practice in the second degree
16is a class “D” felony.
17The division increases the value of property or services
18necessary for a person to commit fraudulent practice in the
19third degree from property or services exceeding $500 but not
20more than $1,000 to property or services exceeding $750 but not
21more than $1,500. Fraudulent practice in the third degree is
22an aggravated misdemeanor.
23The division increases the value of property or services
24necessary for a person to commit fraudulent practice in the
25fourth degree from property or services exceeding $200 but not
26more than $500 to property or services exceeding $300 but not
27more than $750. Fraudulent practice in the fourth degree is
28a serious misdemeanor.
29The division increases the value of property or services
30necessary for a person to commit fraudulent practice in the
31fifth degree from property or services not exceeding $200 to
32property or services not exceeding $300. Fraudulent practice
33in the fifth degree is a simple misdemeanor.
34CREDIT CARDS. Under current law, a person commits the class
35“D” felony offense of credit card fraud when a person illegally
-30-1secures or seeks to secure property or services by means of
2a credit card and the value of the property or services is
3greater than $1,000 but not more than $10,000. The division
4increases the minimum value of property or services necessary
5for a person to commit such a class “D” felony offense from
6$1,000 to $1,500.
7Under current law, a person commits the aggravated
8misdemeanor offense of credit card fraud when a person
9illegally secures or seeks to secure property or services
10by means of a credit card and the value of the property or
11services is $1,000 or less. The division increases the maximum
12value of property or services necessary for a person to commit
13such an aggravated misdemeanor offense from $1,000 to $1,500.
14IDENTITY THEFT. Under current law, a person commits
15the class “D” felony offense of identity theft when a
16person fraudulently uses or fraudulently attempts to use
17identification information of another person, with the intent
18to obtain credit, property, services, or other benefit, and
19the value of the credit, property, services, or other benefit
20exceeds $1,000 but does not exceed $10,000. The division
21increases the minimum value necessary for a person to commit
22such a class “D” felony offense from $1,000 to $1,500.
23Under current law, a person commits the aggravated
24misdemeanor offense of identity theft when a person
25fraudulently uses or fraudulently attempts to use
26identification information of another person, with the intent
27to obtain credit, property, or services, or other benefit, and
28the value of the credit, property, services, or other benefit
29exceeds $1,000 but does not exceed $10,000. The division
30increases the minimum value necessary for a person to commit
31such an aggravated misdemeanor offense from $1,000 to $1,500.
32CRIMINAL MISCHIEF. The division increases the value of
33damaged property that is necessary to commit criminal mischief
34in the second degree from damaged property exceeding $1,000 but
35not more than $10,000 to damaged property exceeding $1,500 but
-31-1not more than $10,000. Criminal mischief in the second degree
2is a class “D” felony.
3The division increases the value of damaged property
4that is necessary to commit criminal mischief in the third
5degree from damaged property exceeding $500 but not more than
6$1,000 to damaged property exceeding $750 but not more than
7$1,500. Criminal mischief in the third degree is an aggravated
8misdemeanor.
9The division increases the value of damaged property
10that is necessary to commit criminal mischief in the fourth
11degree from damaged property exceeding $200 but not more than
12$500 to damaged property exceeding $300 but not more than
13$750. Criminal mischief in the fourth degree is a serious
14misdemeanor.
15The division increases the value of damaged property that
16is necessary to commit criminal mischief in the fifth degree
17from damaged property not exceeding $200 to damaged property
18not exceeding $300. Criminal mischief in the fifth degree is a
19simple misdemeanor.
20TRESPASS. The division increases the value of damaged
21property that is necessary to commit a serious misdemeanor
22trespass offense from damaged property of more than $200 to
23damaged property of more than $300.
24The division increases the value of damaged property that is
25necessary to commit an aggravated misdemeanor trespass offense
26involving a hate crime from damaged property of more than $200
27to damaged property of more than $300.
28RAILROAD VANDALISM. The division increases the value of
29damaged property that is necessary to commit railroad vandalism
30in the fourth degree from damaged property exceeding $1,000 but
31not more than $10,000 to damaged property exceeding $1,500 but
32not more than $10,000. Railroad vandalism in the fourth degree
33is a class “D” felony.
34The division increases the value of damaged property that
35is necessary to commit railroad vandalism in the fifth degree
-32-1from damaged property exceeding $500 but not more than $1,000
2to damaged property exceeding $750 but not more than $1,500.
3Railroad vandalism in the fifth degree is an aggravated
4misdemeanor.
5The division increases the value of damaged property
6that is necessary to commit railroad vandalism in the sixth
7degree from damaged property exceeding $200 but not more than
8$500 to damaged property exceeding $300 but not more than
9$750. Railroad vandalism in the sixth degree is a serious
10misdemeanor.
11The division increases the value of damaged property that is
12necessary to commit railroad vandalism in the seventh degree
13from damaged property not exceeding $200 to damaged property
14not exceeding $300. Railroad vandalism in the seventh degree
15is a simple misdemeanor.
16TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).
17 Under current law, a person commits the class “D” felony
18offense of transmission of unsolicited bulk email when the
19revenue generated from such a transmissions exceeds $1,000.
20The division increases the minimum value necessary for a
21person to commit such a class “D” felony offense from $1,000
22to $1,500.
23DIVISION IV — REVOCATION OF DRIVER’S LICENSE FOR
24DRUG-RELATED CONVICTIONS. Current law requires a court to
25order the department of transportation (DOT) to revoke a
26defendant’s driver’s license for 180 days if a defendant
27is sentenced for a controlled substance offense under Code
28section 124.401 (manufacturers, possessors, and counterfeit
29substances), 124.401A (enhanced penalty for manufacture or
30distribution on certain property), 124.402 (distributors,
31registrants, and proprietors), or 124.403 (distribution, use,
32possession, records, and information), a drug or drug-related
33offense under Code section 126.3 (prohibited acts related to
34drugs, devices, and cosmetics), or a controlled substance tax
35offense under Code chapter 453B. Current law also requires a
-33-1court to send a copy of the order and a notice of the conviction
2to the DOT. The division strikes Code section 901.5(10)
3revoking a defendant’s driver’s license for 180 days if the
4defendant is sentenced for a controlled substance offense for
5an offense under Code section 124.401, 124.401A, 124.402, or
6124.403.
7The division makes conforming Code changes to Code sections
8124.412, 321.212, 321.215, 321.218, and 321A.17.
9The division provides that a defendant’s driver’s license
10suspended or revoked pursuant to Code section 901.5(10) prior
11to the effective date of the division shall be reinstated if
12the defendant is otherwise eligible for a driver’s license.
13The division provides a contingent effective date specifying
14that the division takes effect on the date the governor submits
15to the United States secretary of transportation a written
16certification that the governor is opposed to the enforcement
17in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a
18written certification that the general assembly has adopted
19a joint resolution expressing its opposition to the same, in
20accordance with 23 U.S.C. §159(a)(3)(B). The division requires
21the office of the governor to notify the Code editor upon
22submission of the certifications.
23DIVISION V — THEFT, FRAUD, AND FORGERY REVISIONS.
24THEFT OFFENSES — CONSOLIDATION. The division creates new
25Code section 714.2A relating to the consolidation of theft
26offenses. The division provides that for purposes of charging
27a person with theft, any conduct specified as theft in Code
28section 714.1(1) through (10), constitutes a single offense
29of theft embracing the separated offenses of theft known as
30taking, misappropriation, theft by deception, possession or
31receipt of stolen property, fraudulent conversion, check fraud,
32theft from a public utility, unlawful access to a computer,
33theft of video rental property, and other similar offenses
34related to theft. An accusation of theft may be supported by
35evidence that it was committed in any manner that would be
-34-1theft under Code section 714.1(1) through (10), notwithstanding
2the specification of a different manner of theft in the
3complaint, indictment, or information, subject only to the
4power of the court to ensure a fair trial by granting a
5continuance or other appropriate relief where the conduct of
6the defense would be prejudiced by lack of fair notice or
7surprise.
8DEFINITION OF FORGERY. The division amends Code section
9715A.2(2) relating to forgery. Under the division, a person
10commits forgery when the person possesses a writing that is or
11purports to be a driver’s license, nonoperator’s identification
12card, birth certificate, or occupational license or certificate
13in support of an occupational license issued by a department,
14agency, board, or commission in this state. A person who
15forges such a document commits a class “D” felony. By amending
16the definition of forgery, the division also changes the
17circumstances under which an employer is subject to a civil
18penalty for hiring a person who commits such a forgery,
19pursuant to Code section 715A.2A (accommodation of forgery).
20STATUTE OF LIMITATIONS — FRAUD OR BREACH OF FIDUCIARY
21OBLIGATION. The division amends Code section 802.5 relating
22to extending the periods of time a prosecution may be brought
23against a person for any offense involving a material element
24of fraud or a breach of fiduciary obligation. Under current
25law, a prosecution may be brought within one year after
26discovery of the offense by an aggrieved party or by a person
27who has a legal duty to represent an aggrieved party and who is
28not a party to the offense. The division specifies that such a
29prosecution may be brought within five years.
30DIVISION VI — CRIMINAL PROCEEDINGS.
31REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division
32creates new Code section 701.12 relating to evidence in a
33criminal prosecution. Under the division, the prosecuting
34attorney or a witness may refer to a person using the term
35“victim” during any criminal proceeding including at trial,
-35-1if there is sufficient evidence to support a finding that
2the person referenced as the victim meets the definition of
3a victim in Code section 915.10. A conviction shall not be
4reversed based upon a reference to a person as the victim
5during a criminal proceeding, if there is sufficient evidence
6to support a finding that the person referenced as the victim
7meets the definition of a victim in Code section 915.10.
8DEFENDANT RIGHT TO APPEAL. The division amends Code section
9814.6(1) by prohibiting the right to appeal to a defendant who
10has pled guilty to a criminal offense except this prohibition
11does not apply to a defendant who pleads guilty to a class “A”
12felony. The right to appeal means that an appellate court
13cannot deny a defendant’s statutory or constitutional right to
14have the defendant’s case reviewed on appeal.
15The division amends Code section 814.6(2) by specifying that
16discretionary review by an appellate court applies to an order
17denying a motion in arrest of judgment on grounds other than an
18ineffective assistance claim. Under current law, discretionary
19review applies to an order suppressing or admitting evidence,
20an order granting or denying a motion for a change of venue,
21an order denying probation, simple misdemeanor and ordinance
22violations, and an order raising a question of law important to
23the judiciary and the profession. Discretionary review is the
24process by which an appellate court may exercise its discretion
25to review specified matters not subject to appeal as a matter
26of right.
27INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The
28division amends Code section 814.7 relating to an ineffective
29assistance claim on appeal in a criminal case. The division
30prohibits an ineffective assistance claim being raised and
31decided on direct appeal from the criminal proceedings. Under
32current law, such a claim may be raised on direct appeal from
33the criminal proceedings if the record at the trial level is
34sufficient. Generally, an ineffective assistance of counsel
35claim is raised on appeal by a criminal defendant alleging
-36-1the defendant’s attorney was so incompetent it deprived the
2defendant the constitutional right to assistance of counsel.
3APPEALS FROM THE DISTRICT COURT — GENERAL VERDICT.
4 The division creates new Code section 814.28 relating to
5general verdicts. When the prosecution relies on multiple
6or alternative theories to prove the commission of a public
7offense, a jury may return a general verdict. If the jury
8returns a general verdict, the division specifies that a court
9shall not set aside or reverse such a verdict on the basis
10of a defective or insufficient theory if one or more of the
11theories presented and described in the complaint, information,
12or indictment is sufficient to sustain the verdict on at least
13one count.
14GUILTY PLEAS — CHALLENGES. If a defendant challenges a
15guilty plea based on an alleged defect in the plea proceedings,
16the division provides that the plea shall not be vacated unless
17the defendant demonstrates it is more likely than not that the
18defendant would not have pled guilty if the defect had not
19occurred. The burden applies whether the challenge is made
20by motion in arrest of judgment or in a challenge on appeal.
21Any provision in the Iowa rules of criminal procedure that are
22inconsistent with this provision shall have no legal effect.
23POSTCONVICTION RELIEF — RECORDS. The division creates new
24Code section 822.10A relating to postconviction procedure. The
25division provides that the court file containing the conviction
26for which the applicant seeks postconviction relief shall be
27part of the record in any action under Code chapter 822. Upon
28the filing of an application for postconviction relief pursuant
29to Code section 822.3, the clerk of the district court shall
30make the underlying criminal file accessible to the applicant,
31county attorney, and attorney general. If the criminal file
32records are not available in electronic format, the division
33requires the clerk of the district court to convert the records
34to an electronic format and make the records available to the
35applicant, county attorney, and attorney general.
-37- 1POSTCONVICTION — RELIEF. The bill strikes a provision that
2requires the respondent to an application for postconviction
3relief, to file an answer to the application with relevant
4portions of the record of the proceedings being challenged, if
5the applicant fails to file the application without the record
6of the proceedings being challenged.
7DIVISION VII — STATE AND COUNTY MEDICAL EXAMINER DEATH
8REPORTS AND INVESTIGATIONS. Currently, the report of an
9investigation by the state medical examiner or county medical
10examiner and the record and report of an autopsy shall be
11received as evidence in court or other proceedings, except that
12statements by witnesses or other persons and conclusions on
13extraneous matters included in the report are inadmissible.
14The division provides that the report of an investigation made
15by the state medical examiner or county medical examiner shall
16be admissible in court including any findings of the state
17medical examiner or county medical examiner and any information
18provided by a county attorney or law enforcement agency, if
19the information is otherwise admissible under the Iowa rules
20of evidence.
21The division provides that in formulating findings and
22conclusions regarding the cause and manner of death, the state
23medical examiner or county medical examiner shall be allowed
24to rely upon and include in the report of an investigation
25any information provided to the medical examiner by a county
26attorney or law enforcement agency.
27Additionally, the state medical examiner or county
28medical examiner may also rely upon and consider statements
29by witnesses or other persons for purposes of developing a
30clinical history of the decedent that preceded death when
31formulating findings and conclusions on the cause and manner of
32death. A court shall not exclude a medical examiner opinion
33as the cause of death on the basis that the examiner has
34considered out-of-court statements in forming that opinion, and
35such an opinion shall not constitute reversible error.
-38- 1The division also specifies that in lieu of conducting
2its own investigation, the state medical examiner may rely
3exclusively upon the findings of the county medical examiner,
4county attorney, or a law enforcement agency.
5DIVISION VIII — CRIMINAL PENALTIES.
6POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a
7person commits a first offense possession of marijuana, the
8offense is punishable by imprisonment in the county jail for
9not more than six months or by a fine of not more than $1,000,
10or by both. If a person commits a second offense possession
11of marijuana, the person commits a serious misdemeanor, and if
12a person commits a third or subsequent offense possession of
13marijuana, the person commits an aggravated misdemeanor.
14The division decreases the criminal penalty for a first
15offense possession of marijuana offense from an offense
16punishable by imprisonment for not more than six months or
17by a fine of not more than $1,000, or by both, to a simple
18misdemeanor punishable by confinement for no more than 30 days
19or a fine of at least $65 but not more than $625 or by both.
20The division makes convictions for violations in any other
21state count as a previous offense if the violation in the other
22state substantially corresponds with possession of controlled
23substance violations in this state, thus making a person with
24a conviction in another state more likely to be subject to
25enhanced penalties for possession of a controlled substance
26in this state under Code section 124.401(5), as amended by
27the division. The division specifies that the court shall
28judicially notice the statutes of other states which define
29offenses substantially equivalent to possession of a controlled
30substance.
31HOMICIDE BY VEHICLE. The division provides that a person
32commits a class “C” felony when the person unintentionally
33causes the death of another when exceeding the speed limit by
3425 miles per hour or more, in violation of Code section 321.285
35(speed restrictions), 321.290 (special restrictions), 321.293
-39-1(local authorities may alter limits), or 321.295 (limitation
2on bridge or elevated structures), if the death of the other
3person directly or indirectly results from such a violation.
4This new provision does not apply to a member of a public
5safety agency, as defined in Code section 34.1, performing
6official duties.
7Currently, a person who violates Code section 321.285
8commits a simple misdemeanor or a simple misdemeanor punishable
9as a scheduled fine under Code section 805.8A, a person who
10violates Code section 321.290 or 321.293 commits a simple
11misdemeanor, and a person who violates Code section 321.295
12commits a simple misdemeanor punishable as a scheduled fine of
13$50.
14ARSON IN THE FIRST DEGREE. The division requires an
15offender who commits the criminal offense of arson in the first
16degree to serve 50 to 70 percent of a 25-year class “B” felony
17sentence prior to being eligible for parole or work release.
18Under current law, such an offender is sentenced to confinement
19for 25 years but is eligible for parole upon entering prison.
20At the time of sentencing, the division provides that the
21court determine when a person convicted of arson in the first
22degree first becomes eligible for parole or work release within
23the parameters of 50 to 70 percent of the 25-year sentence,
24based upon all pertinent information including the person’s
25criminal record, a validated risk assessment, and the negative
26impact the offense has had on the victim or other persons. The
27division also makes arson in the first degree a category “B”
28sentence under Code section 903A.2, in effect increasing the
29length of the sentence by reducing the amount of earned time
30such a person is eligible for during confinement from one and
31two-tenths of a day for each day of good conduct to fifteen
32eighty-fifths of a day for each day of good conduct.
33JUROR SERVICE AND DONATIONS. The division relates
34to jurors, including donation of juror compensation or
35reimbursement, jury manager authority to excuse or defer
-40-1jurors, and public access to juror information.
2The division provides that with approval by the chief judge
3of the judicial district, a jury manager may excuse or defer
4jurors in accordance with Code section 607A.4, 607A.5, or
5607A.6. Code section 607A.4 provides minimum qualifications
6for jury service. Code section 607A.5 provides certain
7conditions for automatic excuse from jury service. Code
8section 607A.6 provides certain conditions for discretionary
9excuse from jury service. The division provides that a jury
10manager may defer, but not excuse, persons from juror service
11for reasons beyond those enumerated in these Code sections.
12The division provides that a juror may donate
13compensation or reimbursement for juror service to a supreme
14court-designated state fund or charitable organization. The
15division requires the state court administrator to establish
16separate accounts for the deposit of juror-donated moneys
17depending upon the state fund or charitable use or organization
18designated by the juror. The division limits the number
19of state funds or charitable uses or organizations that
20moneys may be donated to by the juror. The division permits
21juror donations to be made to the victim compensation fund
22established in Code section 915.94 or to the court technology
23and modernization fund in Code section 602.8108. The division
24permits juror donations for the following charitable uses
25or organizations: domestic violence shelters or services;
26specialized courts related to drug treatment, operating while
27intoxicated offenses, or mental health; pro se litigants; or
28the Iowa interest on lawyers trust account.
29The division provides that public access to juror and
30prospective juror information is limited. The division
31provides that prospective juror addresses and dates of birth
32are confidential and are not subject to disclosure without an
33order of the court.
-41-jm/rh
2related administrative proceedings, providing penalties, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ExpungementS
3 Section 1. Section 123.46, subsection 6, Code 2018, is
4amended to read as follows:
56. Upon the expiration of two years following conviction
6for a violation of this section and a violation or of a
7similar local ordinance that arose from the same transaction
8or occurrence, a person may petition the court to expunge the
9conviction including the conviction for a violation of a local
10ordinance that arose from the same transaction or occurrence,
11and if the person has had no other criminal convictions, other
12than local traffic violations or simple misdemeanor violations
13of chapter 321 during the two-year period, the conviction and
14the conviction for a violation of a local ordinance that arose
15from the same transaction or occurrence shall be expunged as
16a matter of law. The court shall enter an order that the
17record of the conviction and the conviction for a violation
18of a local ordinance that arose from the same transaction or
19occurrence be expunged by the clerk of the district court.
20Notwithstanding section 692.2, after receipt of notice from the
21clerk of the district court that a record of conviction and
22the conviction for a violation of a local ordinance that arose
23from the same transaction or occurrence has been expunged,
24the record of conviction and the conviction for a violation
25of a local ordinance that arose from the same transaction or
26occurrence shall be removed from the criminal history data
27files maintained by the department of public safety if such a
28record was maintained in the criminal history data files.
29 Sec. 2. NEW SECTION. 901C.3 Misdemeanor — expungement.
301. Upon application of a defendant convicted of a
31misdemeanor offense, the court shall enter an order expunging
32the record of such a criminal case, as a matter of law, if
33the defendant has established that more than eight years
34have passed since the date of the conviction, the defendant
35is not the subject of a protective order or a no-contact
-1-1order, the defendant has no pending criminal charges, the
2defendant has not been subsequently convicted of or granted a
3deferred judgment for any criminal offense, other than a simple
4misdemeanor conviction under chapter 321 or of a similar local
5ordinance, and all court costs, fees, fines, and restitution
6and other financial obligations ordered by the court or
7assessed by the clerk of the district court have been paid.
82. An expungement under this section shall not be entered
9for any of the following misdemeanor convictions:
10a. A conviction under section 123.46 or similar local
11ordinance.
12b. A simple misdemeanor conviction under section 123.47,
13subsection 3, or similar local ordinance.
14c. A conviction for dependent adult abuse under section
15235B.20.
16d. A conviction under section 321.218, 321A.32, or 321J.21.
17e. A conviction under section 321J.2.
18f. A conviction for a sex offense as defined in section
19692A.101.
20g. A conviction for involuntary manslaughter under section
21707.5.
22h. A conviction for assault under section 708.2, subsection
233.
24i. A conviction under section 708.2A.
25j. A conviction for harassment under section 708.7.
26k. A conviction for stalking under section 708.11.
27l. A conviction for removal of an officer’s communication or
28control device under section 708.12.
29m. A conviction for trespass under section 716.8, subsection
303 or 4.
31n. A conviction under chapter 717C.
32o. A conviction under chapter 719.
33p. A conviction under chapter 720.
34q. A conviction under section 721.2.
35r. A conviction under section 721.10.
-2- 1s. A conviction under section 723.1.
2t. A conviction under chapter 724.
3u. A conviction under chapter 726.
4v. A conviction under chapter 728.
5w. A conviction under chapter 901A.
6x. A conviction for a comparable offense listed in 49 C.F.R.
7§383.51(b) (table 1), and 49 C.F.R. §383.51(e) (table 4).
8y. A conviction under prior law of an offense comparable to
9an offense enumerated in this subsection.
103. A person shall only be allowed to apply for an
11expungement of a record under this section one time in
12the person’s lifetime. However, the one application may
13request the expungement of records relating to more than one
14misdemeanor offense if the misdemeanor offenses arose from the
15same transaction or occurrence, and the application contains
16the misdemeanor offenses to be expunged.
174. The expunged record under this section is a confidential
18record exempt from public access under section 22.7 but shall
19be made available by the clerk of the district court upon court
20order.
215. Notwithstanding section 692.2, after receipt of
22notice from the clerk of the district court that a record of
23conviction has been expunged under subsection 1, the record
24of conviction shall be removed from the criminal history data
25files maintained by the department of public safety if such a
26record was maintained in the criminal history data files.
276. The supreme court may prescribe rules governing the
28procedures applicable to the expungement of a criminal case
29under this section.
307. This section applies to a misdemeanor conviction that
31occurred prior to, on, or after July 1, 2018.
32DIVISION II
33ROBBERY
34 Sec. 3. NEW SECTION. 702.26 Simulated firearm.
35“Simulated firearm” means a device which is not a firearm,
-3-1but which is expressly represented to be a firearm, or
2an object which is not a firearm but which is impliedly
3represented to be a firearm and which under the circumstances
4would lead a reasonable person to believe it to be a firearm.
5 Sec. 4. NEW SECTION. 702.27 Simulated explosive.
6“Simulated explosive” means a device which is not an
7explosive, but which is expressly represented to be an
8explosive, or a device which is not an explosive but is
9impliedly represented to be an explosive and which by its
10appearance would lead a reasonable person to believe it to be
11an explosive.
12 Sec. 5. Section 711.2, Code 2018, is amended to read as
13follows:
14711.2 Robbery in the first degree.
15A person commits robbery in the first degree when, while
16perpetrating a robbery, the person purposely inflicts or
17attempts to inflict serious injury, or is armed with a
18dangerous weapon, simulated firearm, or simulated explosive.
19Robbery in the first degree is a class “B” felony.
20 Sec. 6. Section 711.3, Code 2018, is amended to read as
21follows:
22711.3 Robbery in the second degree.
23All robbery which is not robbery in the first degree is
24robbery in the second degree, except as provided in section
25711.3A. Robbery in the second degree is a class “C” felony.
26 Sec. 7. Section 901.11, Code 2018, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 2A. At the time of sentencing, the court
29shall determine when a person convicted of robbery in the first
30degree as described in section 902.12, subsection 2A, shall
31first become eligible for parole or work release within the
32parameters specified in section 902.12, subsection 2A, based
33upon all pertinent information including the person’s criminal
34record, a validated risk assessment, and the negative impact
35the offense has had on the victim or other persons.
-4-1 Sec. 8. Section 902.12, subsection 1, paragraph e, Code
22018, is amended to read as follows:
3e. Robbery in the first or second degree in violation of
4section 711.2 or 711.3, except as determined in subsection 3.
5 Sec. 9. Section 902.12, Code 2018, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 2A. a. A person serving a sentence for
8a conviction for robbery in the first degree in violation of
9section 711.2 for a conviction that occurs on or after July 1,
102018, shall be denied parole or work release until the person
11has served between one-half and seven-tenths of the maximum
12term of the person’s sentence as determined under section
13901.11, subsection 2A.
14b. Notwithstanding section 902.12, subsection 1, paragraph
15“e”, Code 2018, if a person is serving a sentence for robbery in
16the first degree in violation of section 711.2 for a conviction
17that occurs prior to July 1, 2018, the person shall be denied
18parole or work release until the person has served between
19one-half and seven-tenths of the maximum term of the person’s
20sentence as determined by the board of parole based upon the
21person’s criminal record, a validated risk assessment, and the
22negative impact the offense has had on the victim or other
23persons.
24 Sec. 10. REPEAL. Section 711.3A, Code 2018, is repealed.
25DIVISION III
26PROPERTY CRIMES — VALUE
27 Sec. 11. Section 712.3, Code 2018, is amended to read as
28follows:
29712.3 Arson in the second degree.
30Arson which is not arson in the first degree is arson in the
31second degree when the property which is the subject of the
32arson is a building or a structure, or real property of any
33kind, or standing crops, or is personal property the value of
34which exceeds five seven hundred fifty dollars. Arson in the
35second degree is a class “C” felony.
-5-1 Sec. 12. Section 714.2, Code 2018, is amended to read as
2follows:
3714.2 Degrees of theft.
41. The theft of property exceeding ten thousand dollars in
5value, or the theft of property from the person of another, or
6from a building which has been destroyed or left unoccupied
7because of physical disaster, riot, bombing, or the proximity
8of battle, or the theft of property which has been removed from
9a building because of a physical disaster, riot, bombing, or
10the proximity of battle, is theft in the first degree. Theft
11in the first degree is a class “C” felony.
122. The theft of property exceeding one thousand five
13hundred dollars but not exceeding ten thousand dollars in value
14or theft of a motor vehicle as defined in chapter 321 not
15exceeding ten thousand dollars in value, is theft in the second
16degree. Theft in the second degree is a class “D” felony.
17However, for purposes of this subsection, “motor vehicle” does
18not include a motorized bicycle as defined in section 321.1,
19subsection 40, paragraph “b”.
203. The theft of property exceeding five seven hundred fifty
21 dollars but not exceeding one thousand five hundred dollars in
22value, or the theft of any property not exceeding five hundred
23dollars in value by one who has before been twice convicted of
24theft, is theft in the third degree. Theft in the third degree
25is an aggravated misdemeanor.
264. The theft of property exceeding two three hundred dollars
27in value but not exceeding five seven hundred fifty dollars
28in value is theft in the fourth degree. Theft in the fourth
29degree is a serious misdemeanor.
305. The theft of property not exceeding two three hundred
31dollars in value is theft in the fifth degree. Theft in the
32fifth degree is a simple misdemeanor.
33 Sec. 13. Section 714.3A, subsection 1, Code 2018, is amended
34to read as follows:
351. A person commits aggravated theft when the person commits
-6-1an assault as defined in section 708.1, subsection 2, paragraph
2“a”, that is punishable as a simple misdemeanor under section
3708.2, subsection 6, after the person has removed or attempted
4to remove property not exceeding two three hundred dollars in
5value which has not been purchased from a store or mercantile
6establishment, or has concealed such property of the store or
7mercantile establishment, either on the premises or outside the
8premises of the store or mercantile establishment.
9 Sec. 14. Section 714.7B, subsection 6, paragraphs a and b,
10Code 2018, are amended to read as follows:
11a. A simple misdemeanor if the value of the goods, wares, or
12merchandise does not exceed two three hundred dollars.
13b. A serious misdemeanor if the value of the goods, wares,
14or merchandise exceeds two three hundred dollars.
15 Sec. 15. Section 714.10, subsection 1, Code 2018, is amended
16to read as follows:
171. Fraudulent practice in the second degree is the
18following:
19a. A fraudulent practice where the amount of money or value
20of property or services involved exceeds one thousand five
21hundred dollars but does not exceed ten thousand dollars.
22b. A fraudulent practice where the amount of money or
23value of property or services involved does not exceed one
24thousand five hundred dollars by one who has been convicted of
25a fraudulent practice twice before.
26 Sec. 16. Section 714.11, subsection 1, paragraph a, Code
272018, is amended to read as follows:
28a. A fraudulent practice where the amount of money or value
29of property or services involved exceeds five seven hundred
30fifty dollars but does not exceed one thousand five hundred
31 dollars.
32 Sec. 17. Section 714.12, Code 2018, is amended to read as
33follows:
34714.12 Fraudulent practice in the fourth degree.
351. Fraudulent practice in the fourth degree is a fraudulent
-7-1practice where the amount of money or value of property or
2services involved exceeds two three hundred dollars but does
3not exceed five seven hundred fifty dollars.
42. Fraudulent practice in the fourth degree is a serious
5misdemeanor.
6 Sec. 18. Section 714.13, Code 2018, is amended to read as
7follows:
8714.13 Fraudulent practice in the fifth degree.
91. Fraudulent practice in the fifth degree is a fraudulent
10practice where the amount of money or value of property or
11services involved does not exceed two three hundred dollars.
122. Fraudulent practice in the fifth degree is a simple
13misdemeanor.
14 Sec. 19. Section 715A.6, subsection 2, paragraphs b and c,
15Code 2018, are amended to read as follows:
16b. If the value of the property or services secured or
17sought to be secured by means of the credit card is greater
18than one thousand five hundred dollars but not more than ten
19thousand dollars, an offense under this section is a class “D”
20felony.
21c. If the value of the property or services secured
22or sought to be secured by means of the credit card is one
23thousand five hundred dollars or less, an offense under this
24section is an aggravated misdemeanor.
25 Sec. 20. Section 715A.8, subsection 3, paragraphs b and c,
26Code 2018, are amended to read as follows:
27b. If the value of the credit, property, services, or other
28benefit exceeds one thousand five hundred dollars but does not
29exceed ten thousand dollars, the person commits a class “D”
30felony.
31c. If the value of the credit, property, services, or other
32benefit does not exceed one thousand five hundred dollars, the
33person commits an aggravated misdemeanor.
34 Sec. 21. Section 716.4, subsection 1, Code 2018, is amended
35to read as follows:
-8- 11. Criminal mischief is criminal mischief in the second
2degree if the cost of replacing, repairing, or restoring the
3property that is damaged, defaced, altered, or destroyed
4exceeds one thousand five hundred dollars but does not exceed
5ten thousand dollars.
6 Sec. 22. Section 716.5, subsection 1, paragraph a, Code
72018, is amended to read as follows:
8a. The cost of replacing, repairing, or restoring the
9property that is damaged, defaced, altered, or destroyed
10exceeds five seven hundred fifty dollars, but does not exceed
11one thousand five hundred dollars.
12 Sec. 23. Section 716.6, subsection 1, paragraph a,
13subparagraph (1), Code 2018, is amended to read as follows:
14(1) The cost of replacing, repairing, or restoring the
15property that is damaged, defaced, altered, or destroyed
16exceeds two three hundred dollars, but does not exceed five
17 seven hundred fifty dollars.
18 Sec. 24. Section 716.8, subsections 2 and 4, Code 2018, are
19amended to read as follows:
202. Any person committing a trespass as defined in section
21716.7, other than a trespass as defined in section 716.7,
22subsection 2, paragraph “a”, subparagraph (6), which results in
23injury to any person or damage in an amount more than two three
24 hundred dollars to anything, animate or inanimate, located
25thereon or therein commits a serious misdemeanor.
264. A person committing a trespass as defined in section
27716.7 with the intent to commit a hate crime which results in
28injury to any person or damage in an amount more than two three
29 hundred dollars to anything, animate or inanimate, located
30thereon or therein commits an aggravated misdemeanor.
31 Sec. 25. Section 716.10, subsection 2, paragraphs d, e, f,
32and g, Code 2018, are amended to read as follows:
33d. A person commits railroad vandalism in the fourth degree
34if the person intentionally commits railroad vandalism which
35results in property damage which costs ten thousand dollars
-9-1or less but more than one thousand five hundred dollars to
2replace, repair, or restore. Railroad vandalism in the fourth
3degree is a class “D” felony.
4e. A person commits railroad vandalism in the fifth degree
5if the person intentionally commits railroad vandalism which
6results in property damage which costs more than five seven
7 hundred fifty dollars but does not exceed one thousand five
8hundred dollars to replace, repair, or restore. Railroad
9vandalism in the fifth degree is an aggravated misdemeanor.
10f. A person commits railroad vandalism in the sixth degree
11if the person intentionally commits railroad vandalism which
12results in property damage which costs more than one three
13 hundred dollars but does not exceed five seven hundred fifty
14 dollars to replace, repair, or restore. Railroad vandalism in
15the sixth degree is a serious misdemeanor.
16g. A person commits railroad vandalism in the seventh
17degree if the person intentionally commits railroad vandalism
18which results in property damage which costs one three hundred
19dollars or less to replace, repair, or restore. Railroad
20vandalism in the seventh degree is a simple misdemeanor.
21 Sec. 26. Section 716A.2, subsection 2, paragraph b, Code
222018, is amended to read as follows:
23b. The revenue generated from a specific unsolicited bulk
24electronic mail transmission exceeds one thousand five hundred
25 dollars or the total revenue generated from all unsolicited
26bulk electronic mail transmitted to any electronic mail service
27provider by the person exceeds fifty thousand dollars.
28DIVISION IV
29REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS
30 Sec. 27. Section 124.412, Code 2018, is amended to read as
31follows:
32124.412 Notice of conviction.
33If a person enters a plea of guilty to, or forfeits bail
34or collateral deposited to secure the person’s appearance in
35court, and such forfeiture is not vacated, or if a person
-10-1is found guilty upon an indictment or information alleging a
2violation of this chapter, a copy of the minutes attached to
3the indictment returned by the grand jury, or to the county
4attorney’s information, a copy of the judgment and sentence,
5and a copy of the opinion of the judge if one is filed, shall
6be sent by the clerk of the district court or the judge to
7the state department of transportation and to any state board
8or officer by whom the convicted person has been licensed or
9registered to practice the person’s profession or carry on
10the person’s business. On the conviction of a person, the
11court may suspend or revoke the license or registration of the
12convicted defendant to practice the defendant’s profession
13or carry on the defendant’s business. On the application of
14a person whose license or registration has been suspended or
15revoked, and upon proper showing and for good cause, the board
16or officer may reinstate the license or registration.
17 Sec. 28. Section 321.212, subsection 1, paragraph d, Code
182018, is amended by striking the paragraph.
19 Sec. 29. Section 321.215, subsection 1, paragraph b, Code
202018, is amended to read as follows:
21b. However, a temporary restricted license shall not be
22issued to a person whose license is revoked pursuant to a court
23order issued under section 901.5, subsection 10, or under
24section 321.209, subsections 1 through 5 or subsection 7; to a
25juvenile whose license has been suspended or revoked pursuant
26to a dispositional order under section 232.52, subsection
272, paragraph “a”, for a violation of chapter 124 or 453B or
28section 126.3; to a juvenile whose license has been suspended
29under section 321.213B; or to a person whose license has been
30suspended pursuant to a court order under section 714.7D. A
31temporary restricted license may be issued to a person whose
32license is revoked under section 321.209, subsection 6, only
33if the person has no previous drag racing convictions. A
34person holding a temporary restricted license issued by the
35department under this section shall not operate a motor vehicle
-11-1for pleasure.
2 Sec. 30. Section 321.215, subsection 2, unnumbered
3paragraph 1, Code 2018, is amended to read as follows:
4Upon conviction and the suspension or revocation of a
5person’s noncommercial driver’s license under section 321.209,
6subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
7or upon revocation pursuant to a court order issued under
8section 901.5, subsection 10; or upon the denial of issuance
9of a noncommercial driver’s license under section 321.560,
10based solely on offenses enumerated in section 321.555,
11subsection 1, paragraph “c”, or section 321.555, subsection
122; or upon suspension or revocation of a juvenile’s driver’s
13license pursuant to a dispositional order under section 232.52,
14subsection 2, paragraph “a”, for a violation of chapter 124
15or 453B, or section 126.3; or upon suspension of a driver’s
16license pursuant to a court order under section 714.7D, the
17person may apply to the department for a temporary restricted
18license to operate a motor vehicle for the limited purpose or
19purposes specified in subsection 1. The application may be
20granted only if all of the following criteria are satisfied:
21 Sec. 31. Section 321.215, subsection 2, paragraph c, Code
222018, is amended to read as follows:
23c. Proof of financial responsibility is established as
24defined in chapter 321A. However, such proof is not required
25if the driver’s license was suspended under section 321.210A
26or 321.513 or revoked pursuant to a court order issued under
27section 901.5, subsection 10.
28 Sec. 32. Section 321.218, subsection 1, Code 2018, is
29amended to read as follows:
301. A person whose driver’s license or operating privilege
31has been denied, canceled, suspended, or revoked as provided
32in this chapter or as provided in section 252J.8 or section
33901.5, subsection 10, and who operates a motor vehicle upon
34the highways of this state while the license or privilege
35is denied, canceled, suspended, or revoked, commits a
-12-1simple misdemeanor. In addition to any other penalties, the
2punishment imposed for a violation of this subsection shall
3include assessment of a fine of not less than two hundred fifty
4dollars nor more than one thousand five hundred dollars.
5 Sec. 33. Section 321A.17, subsection 4, Code 2018, is
6amended to read as follows:
74. An individual applying for a driver’s license following a
8period of suspension or revocation pursuant to a dispositional
9order issued under section 232.52, subsection 2, paragraph
10“a”, or under section 321.180B, section 321.210, subsection
111, paragraph “a”, subparagraph (4), or section 321.210A,
12321.213A, 321.213B, 321.216B, or 321.513, following a period
13of suspension or revocation under section 321.178 or 321.194,
14or following a period of revocation pursuant to a court order
15issued under section 901.5, subsection 10, or under section
16321J.2A, is not required to maintain proof of financial
17responsibility under this section.
18 Sec. 34. Section 901.5, subsection 10, Code 2018, is amended
19by striking the subsection.
20 Sec. 35. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s
21driver’s license suspended or revoked pursuant to section
22901.5, subsection 10, prior to the effective date of this Act,
23shall be reinstated, if the defendant is otherwise eligible for
24a driver’s license.
25 Sec. 36. CONTINGENT EFFECTIVE DATE. This division of this
26Act takes effect on the date the governor submits to the United
27States secretary of transportation a written certification
28that the governor is opposed to the enforcement in this state
29of a law described in 23 U.S.C. §159(a)(3)(A) and a written
30certification that the general assembly has adopted a joint
31resolution expressing its opposition to the same, in accordance
32with 23 U.S.C. §159(a)(3)(B). The office of the governor shall
33notify the Code editor upon submission of the certifications
34described in this section.
35DIVISION V
-13-1theft, fraud, and forgery revisionS
2 Sec. 37. NEW SECTION. 714.2A Consolidation of theft
3offenses.
4For purposes of charging a person with theft, any conduct
5specified as theft in section 714.1, subsections 1 through 10,
6constitutes a single offense of theft embracing the separated
7offenses of theft known as taking, misappropriation, theft by
8deception, possession or receipt of stolen property, fraudulent
9conversion, check fraud, theft from a public utility, unlawful
10access to a computer, theft of video rental property, and other
11similar offenses related to theft. An accusation of theft may
12be supported by evidence that it was committed in any manner
13that would be theft under sections 714.1, subsections 1 through
1410, notwithstanding the specification of a different manner
15in the complaint, indictment, or information, subject only
16to the power of the court to ensure a fair trial by granting
17a continuance or other appropriate relief where the conduct
18of the defense would be prejudiced by lack of fair notice or
19surprise.
20 Sec. 38. Section 715A.2, subsection 2, paragraph a, Code
212018, is amended by adding the following new subparagraph:
22 NEW SUBPARAGRAPH. (5) A driver’s license, nonoperator’s
23identification card, birth certificate, or occupational license
24or certificate in support of an occupational license issued by
25a department, agency, board, or commission in this state.
26 Sec. 39. Section 715A.2A, subsection 1, paragraphs a and b,
27Code 2018, are amended to read as follows:
28a. Hires a person when the employer or an agent or employee
29of the employer knows that the document evidencing the person’s
30authorized stay or employment in the United States is in
31violation of section 715A.2, subsection 2, paragraph “a”,
32subparagraph (4) or (5), or knows that the person is not
33authorized to be employed in the United States.
34b. Continues to employ a person when the employer or an
35agent or employee of the employer knows that the document
-14-1evidencing the person’s authorized stay or employment in the
2United States is in violation of section 715A.2, subsection 2,
3paragraph “a”, subparagraph (4) or (5), or knows that the person
4is not authorized to be employed in the United States.
5 Sec. 40. Section 802.5, Code 2018, is amended to read as
6follows:
7802.5 Extension for fraud, fiduciary breach.
81. If the periods prescribed in sections 802.3 and 802.4
9have expired, prosecution may nevertheless be commenced for any
10offense a material element of which is either fraud or a breach
11of fiduciary obligation within one year after discovery of the
12offense by an aggrieved party or by a person who has a legal
13duty to represent an aggrieved party and who is not a party to
14the offense, but in no case shall this provision extend the
15period of limitation otherwise applicable by more than three
16 five years.
172. A prosecution may be commenced under this section as
18long as the appropriate law enforcement agency has not delayed
19the investigation in bad faith. This subsection shall not be
20construed to require a law enforcement agency to pursue an
21unknown offender with due diligence.
22DIVISION VI
23criminal proceedings
24 Sec. 41. NEW SECTION. 701.12 Reference to victim in
25criminal proceeding.
26In a criminal prosecution, the prosecuting attorney or
27a witness may refer to a person using the term “victim”
28during any criminal proceeding including at trial, if there
29is sufficient evidence to support a finding that the person
30referred to as the victim meets the definition of a victim in
31section 915.10. A conviction shall not be reversed on appeal
32based upon a reference or references to a person as a victim
33during a criminal proceeding, if there is sufficient evidence
34in the record to support a finding that the person meets the
35definition of victim in section 915.10.
-15-1 Sec. 42. Section 814.6, subsection 1, paragraph a, Code
22018, is amended to read as follows:
3a. A final judgment of sentence, except in case of the
4following cases:
5(1) Asimple misdemeanor and ordinance violation
6convictions conviction.
7(2) An ordinance violation.
8(3) A conviction where the defendant has pled guilty. This
9subparagraph does not apply to a guilty plea for a class “A”
10felony.
11 Sec. 43. Section 814.6, subsection 2, Code 2018, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. f. An order denying a motion in arrest of
14judgment on grounds other than an ineffective assistance of
15counsel claim.
16 Sec. 44. Section 814.7, Code 2018, is amended to read as
17follows:
18814.7 Ineffective assistance claim on appeal in a criminal
19case.
201. An ineffective assistance of counsel claim in a
21criminal case shall be determined by filing an application
22for postconviction relief pursuant to chapter 822, except as
23otherwise provided in this section. The claim need not be
24raised on direct appeal from the criminal proceedings in order
25to preserve the claim for postconviction relief purposes,
26and the claim shall not be decided on direct appeal from the
27criminal proceedings.
282. A party may, but is not required to, raise an ineffective
29assistance claim on direct appeal from the criminal proceedings
30if the party has reasonable grounds to believe that the record
31is adequate to address the claim on direct appeal.
323. If an ineffective assistance of counsel claim is raised
33on direct appeal from the criminal proceedings, the court may
34decide the record is adequate to decide the claim or may choose
35to preserve the claim for determination under chapter 822.
-16-1 Sec. 45. NEW SECTION. 814.28 General verdicts.
2When the prosecution relies on multiple or alternative
3theories to prove the commission of a public offense, a jury
4may return a general verdict. If the jury returns a general
5verdict, an appellate court shall not set aside or reverse such
6a verdict on the basis of a defective or insufficient theory
7if one or more of the theories presented and described in the
8complaint, information, or indictment is sufficient to sustain
9the verdict on at least one count.
10 Sec. 46. NEW SECTION. 814.29 Guilty pleas — challenges.
11If a defendant challenges a guilty plea based on an alleged
12defect in the plea proceedings, the plea shall not be vacated
13unless the defendant demonstrates that the defendant more
14likely than not would not have pled guilty if the defect had
15not occurred. The burden applies whether the challenge is
16made through a motion in arrest of judgment or on appeal. Any
17provision in the Iowa rules of criminal procedure that are
18inconsistent with this section shall have no legal effect.
19 Sec. 47. Section 822.6, unnumbered paragraph 1, Code 2018,
20is amended to read as follows:
21Within thirty days after the docketing of the application,
22or within any further time the court may fix, the state shall
23respond by answer or by motion which may be supported by
24affidavits. At any time prior to entry of judgment the court
25may grant leave to withdraw the application. The court may
26make appropriate orders for amendment of the application or
27any pleading or motion, for pleading over, for filing further
28pleadings or motions, or for extending the time of the filing
29of any pleading. In considering the application the court
30shall take account of substance regardless of defects of form.
31If the application is not accompanied by the record of the
32proceedings challenged therein, the respondent shall file with
33its answer the record or portions thereof that are material to
34the questions raised in the application.
35 Sec. 48. NEW SECTION. 822.10A Underlying criminal offense.
-17- 1The court file containing the conviction for which an
2applicant seeks postconviction relief shall be part of the
3record in any action under this chapter. Upon the filing
4of an application for postconviction relief pursuant to
5section 822.3, the clerk of the district court shall make the
6underlying criminal file records accessible to the applicant,
7county attorney, and attorney general. If the criminal file
8records are not available in electronic format, the clerk of
9the district court shall convert the records to an electronic
10format and make the records available to the applicant, county
11attorney, and attorney general.
12DIVISION VII
13STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND
14INVESTIGATIONS
15 Sec. 49. Section 331.802, subsection 5, Code 2018, is
16amended by adding the following new paragraphs:
17 NEW PARAGRAPH. c. In formulating findings and conclusions
18regarding the cause and manner of death, the state medical
19examiner or county medical examiner shall be allowed to rely
20upon and include in the report referred to in subsection 2,
21paragraph “a”, any information provided by the county attorney
22or law enforcement agency to the medical examiner making the
23autopsy.
24 NEW PARAGRAPH. d. The state medical examiner or county
25medical examiner may rely upon and consider statements by
26witnesses or other persons for purposes of developing a
27clinical history of the decedent that preceded death when
28formulating findings and conclusions on the cause and manner of
29death. A court shall not exclude a medical examiner’s opinion
30as to the cause of death on the basis that the medical examiner
31relied on out-of-court statements in forming that opinion, and
32such an opinion shall not constitute reversible error.
33 Sec. 50. Section 331.802, subsection 6, Code 2018, is
34amended to read as follows:
356. a. The report of an investigation made by the state
-18-1medical examiner or a county medical examiner and the record
2and report of an autopsy made under this section or chapter
3691, shall be received as evidence in any court or other
4proceedings, except that statements by witnesses or other
5persons and conclusions on extraneous matters included in the
6report are not admissible including any findings of the state
7medical examiner or county medical examiner and any information
8provided by a prosecuting attorney or law enforcement agency,
9if the information is admissible under the Iowa rules of
10evidence or have otherwise been substantially admitted into
11evidence. The person preparing a report or record given
12in evidence may be subpoenaed as a witness in any civil or
13criminal case by any party to the cause. A copy of a record,
14photograph, laboratory finding, or record in the office of the
15state medical examiner or any medical examiner, when attested
16to by the state medical examiner or a staff member or the
17medical examiner in whose office the record, photograph, or
18finding is filed, shall be received as evidence in any court
19or other proceedings for any purpose for which the original
20could be received without proof of the official character of
21the person whose name is signed to it.
22b. The state medical examiner and county medical examiner
23may rely upon and consider statements by witnesses or other
24persons for purposes of developing a clinical history of the
25decedent that preceded death when formulating findings and
26conclusions on the cause and manner of death.
27 Sec. 51. NEW SECTION. 691.5A Investigations.
28In lieu of conducting an investigation pursuant to this
29chapter, the state medical examiner may rely exclusively upon
30the findings of the county medical examiner, county attorney,
31or a law enforcement agency.
32DIVISION VIII
33CRIMINAL PENALTIES
34 Sec. 52. Section 124.401, subsection 5, Code 2018, is
35amended to read as follows:
-19- 15. It is unlawful for any person knowingly or intentionally
2to possess a controlled substance unless such substance was
3obtained directly from, or pursuant to, a valid prescription
4or order of a practitioner while acting in the course of the
5practitioner’s professional practice, or except as otherwise
6authorized by this chapter. Any Except as otherwise provided
7in this subsection, any person who violates this subsection
8is guilty of a serious misdemeanor for a first offense. A
9person who commits a violation of this subsection and who has
10previously been convicted of violating this chapter or chapter
11124B or 453B, or chapter 124A as it existed prior to July 1,
122017, is guilty of an aggravated misdemeanor. A person who
13commits a violation of this subsection and has previously
14been convicted two or more times of violating this chapter or
15chapter 124B or 453B, or chapter 124A as it existed prior to
16July 1, 2017, is guilty of a class “D” felony.
17a. (1) If Except as otherwise provided in subparagraph (4),
18if the controlled substance is marijuana, the punishment shall
19be by imprisonment in the county jail for not more than six
20months or by a fine of not more than one thousand dollars, or by
21both such fine and imprisonment for a first offense.
22(2) If the controlled substance is marijuana and the person
23has been previously convicted of a violation of this subsection
24in which the controlled substance was marijuana, the punishment
25shall be as provided in section 903.1, subsection 1, paragraph
26“b”.
27(3) If the controlled substance is marijuana and the person
28has been previously convicted two or more times of a violation
29of this subsection in which the controlled substance was
30marijuana, the person is guilty of an aggravated misdemeanor.
31(4) If the controlled substance is marijuana and is five
32grams or less and subparagraphs (2) and (3) do not apply, the
33person is guilty of a simple misdemeanor.
34b. Convictions for violations in any other states under
35statutes substantially corresponding to this subsection shall
-20-1be counted as previous offenses. The courts shall judicially
2notice the statutes of other states which define offenses
3substantially equivalent to the offenses defined in this
4subsection and can therefore be considered corresponding
5statutes. Each previous violation on which a conviction was
6entered prior to the date of the violation charged shall be
7considered and counted as separate previous offense.
8c. All or any part of a sentence imposed pursuant to
9this subsection may be suspended and the person placed upon
10probation upon such terms and conditions as the court may
11impose including the active participation by such person in a
12drug treatment, rehabilitation or education program approved
13by the court.
14d. If a person commits a violation of this subsection, the
15court shall order the person to serve a term of imprisonment of
16not less than forty-eight hours. Any sentence imposed may be
17suspended, and the court shall place the person on probation
18upon such terms and conditions as the court may impose. If
19the person is not sentenced to confinement under the custody
20of the director of the department of corrections, the terms
21and conditions of probation shall require submission to random
22drug testing. If the person fails a drug test, the court may
23transfer the person’s placement to any appropriate placement
24permissible under the court order.
25e. If the controlled substance is amphetamine, its salts,
26isomers, or salts of its isomers, or methamphetamine, its
27salts, isomers, or salts of its isomers, the court shall order
28the person to serve a term of imprisonment of not less than
29forty-eight hours. Any sentence imposed may be suspended,
30and the court shall place the person on probation upon such
31terms and conditions as the court may impose. The court may
32place the person on intensive probation. However, the terms
33and conditions of probation shall require submission to random
34drug testing. If the person fails a drug test, the court may
35transfer the person’s placement to any appropriate placement
-21-1permissible under the court order.
2 Sec. 53. Section 707.6A, subsection 2, Code 2018, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. c. Exceeding the speed limit by twenty-five
5miles per hour or more, in violation of section 321.285,
6321.290, 321.293, or 321.295, if the death of the other person
7directly or indirectly results from the violation of section
8321.285, 321.290, 321.293, or 321.295. This paragraph shall
9not apply to a member of a public safety agency, as defined in
10section 34.1, performing official duties.
11 Sec. 54. Section 901.11, Code 2018, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 4. At the time of sentencing, the court
14shall determine when a person convicted of arson in the first
15degree as described in section 902.12, subsection 4, shall
16first become eligible for parole or work release within the
17parameters specified in section 902.12, subsection 3, based
18upon all pertinent information including the person’s criminal
19record, a validated risk assessment, and the negative impact
20the offense has had on the victim or other persons.
21 Sec. 55. Section 902.12, Code 2018, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4. A person serving a sentence for a
24conviction for arson in the first degree in violation of
25section 712.2 that occurs on or after July 1, 2018, shall
26be denied parole or work release until the person has served
27between one-half and seven-tenths of the maximum term of
28the person’s sentence as determined under section 901.11,
29subsection 4.
30DIVISION IX
31juror SERVICE AND donations
32 Sec. 56. Section 602.1302, subsection 3, Code 2018, is
33amended to read as follows:
343. A revolving fund is created in the state treasury
35for the payment of jury and witness fees, including juror
-22-1compensation and reimbursement donated pursuant to section
2607A.8A, mileage, costs related to summoning jurors by the
3judicial branch, costs and fees related to the management and
4payment of interpreters and translators in judicial branch
5legal proceedings and court-ordered programs, and attorney
6fees paid by the state public defender for counsel appointed
7pursuant to section 600A.6A. The judicial branch shall
8deposit any reimbursements to the state for the payment of
9jury and witness fees and mileage in the revolving fund. In
10each calendar quarter the judicial branch shall reimburse
11the state public defender for attorney fees paid pursuant to
12section 600A.6B. Notwithstanding section 8.33, unencumbered
13and unobligated receipts in the revolving fund at the end of
14a fiscal year do not revert to the general fund of the state.
15The judicial branch shall on or before February 1 file a
16financial accounting of the moneys in the revolving fund with
17the legislative services agency. The accounting shall include
18an estimate of disbursements from the revolving fund for the
19remainder of the fiscal year and for the next fiscal year.
20 Sec. 57. NEW SECTION. 607A.6A Jury manager authority to
21excuse or defer juror service.
22The chief judge of the judicial district may authorize a jury
23manager to excuse persons from juror service in accordance with
24section 607A.4, 607A.5, or 607A.6 and to defer persons from
25juror service in accordance with section 607A.4, 607A.5, or
26607A.6, or for any other reason.
27 Sec. 58. Section 607A.8, subsection 3, Code 2018, is amended
28to read as follows:
293. A grand juror or a petit juror in all courts may
30waive the right of the juror to receive compensation under
31subsection 1 or reimbursement under subsection 2 or donate such
32compensation or reimbursement pursuant to section 607A.8A.
33 Sec. 59. NEW SECTION. 607A.8A Donation of juror
34compensation or reimbursement to state funds and charitable
35organizations.
-23- 11. At the discretion of a juror, the clerk of court may
2deduct an amount specified of the juror’s compensation or
3reimbursement under section 607A.8 for payment to a designated
4eligible state fund or charitable use or organization.
52. Moneys deducted pursuant to this section shall be
6paid promptly to the appropriate state fund or charitable
7organization.
83. The state court administrator shall establish six
9separate accounts for juror designated moneys for deposit into
10the designated state fund or for charitable use or distribution
11as provided in subsection 4.
124. (1) The state funds eligible to receive juror designated
13compensation include all of the following:
14(a) The victim compensation fund established in section
15915.94.
16(b) The court technology and modernization fund established
17in section 602.8108.
18(2) The charitable accounts shall be used for or distributed
19to any of the following:
20(a) Domestic violence shelters or services.
21(b) Specialized courts related to drug treatment, operating
22while intoxicated offenses, or mental health.
23(c) Pro se litigants.
24(d) The Iowa interest on lawyers trust account.
25 Sec. 60. NEW SECTION. 607A.48 Public access to juror
26information.
27Public access to juror and prospective juror information
28shall be limited. The addresses and dates of birth of
29prospective jurors are confidential and not subject to
30disclosure without an order of the court.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to criminal law and procedure including
35certain related administrative proceedings, provides penalties,
-24-1and includes effective date provisions.
2DIVISION I — EXPUNGEMENTS. This division relates to the
3expungement of records of certain misdemeanor offenses.
4The term “expunged” means the court’s criminal record with
5reference to a deferred judgment or any other criminal record
6has been segregated in a secure area or database which is
7exempted from public access.
8A person shall not receive an expungement pursuant to the
9bill unless all court costs, fees, fines, and restitution and
10other financial obligations ordered by the court or assessed by
11the clerk of the district court have been paid.
12The division provides that upon the application of a
13defendant convicted of a misdemeanor, the court shall enter
14an order expunging the record of such criminal case, as a
15matter of law, if the defendant has established that more than
16eight years have passed since the date of the conviction,
17the defendant is not the subject of a protective order or
18a no-contact order, the defendant has no pending criminal
19charges, the defendant has not been subsequently convicted of
20or granted a deferred judgment for a criminal offense, other
21than a simple misdemeanor conviction under Code chapter 321 or
22of a similar local ordinance, and all court costs, fees, fines,
23and restitution and other financial obligations ordered by the
24court or assessed by the clerk of the district court have been
25paid.
26The division strikes the provision allowing for the
27expungement of a local ordinance violation that arose out of
28the same transaction or occurrence of a conviction under Code
29section 123.46 (consumption or intoxication in public place).
30The division does not apply to the following misdemeanor
31offenses: simple misdemeanor convictions under Code sections
32123.46 (consumption or intoxication in public place) or
33similar local ordinances and 123.47(3) (alcohol consumption
34by persons under legal age) or similar local ordinances,
35because expungement procedures already exist for both
-25-1offenses; convictions for dependent adult abuse under Code
2section 235B.20; convictions relating to operating a motor
3vehicle with an invalid driver’s license under Code section
4321.218, 321A.32, or 321J.21; convictions for operating while
5intoxicated under Code section 321J.2; convictions of a sex
6offense as defined in Code section 692A.101; convictions for
7involuntary manslaughter under Code section 707.5; convictions
8for assault involving a dangerous weapon under Code section
9708.2(3); convictions for domestic abuse assault under Code
10section 708.2A; convictions for harassment under Code section
11708.7; convictions for stalking under Code section 708.11;
12convictions for removal of an officer’s communication or
13control device under Code section 708.12; convictions for
14trespass under Code section 716.8(3) or (4); convictions under
15Code chapter 717C (bestiality); convictions under Code chapter
16719 (obstructing justice); convictions under Code chapter 720
17(interference with judicial process); convictions under Code
18section 721.2 (nonfelonious conduct in office); convictions
19under Code section 721.10 (misuse of public records and files);
20convictions under Code section 723.1 (riot); convictions under
21Code chapter 724 (weapons); convictions under Code chapter 726
22(protections of the family and dependent persons); convictions
23under Code chapter 728 (obscenity); convictions under Code
24chapter 901A (sexually predatory offenses); a conviction for
25a comparable offense listed in 49 C.F.R. §383.51(b) (table
261), and 49 C.F.R. §383.51(e) (table 4) (commercial driver’s
27licenses); and any conviction under prior law of an offense
28comparable to an offense enumerated in the bill.
29The division prohibits a person from applying more than once
30for an expungement of the person’s record. However, the one
31application may request the expungement of records relating
32to more than one misdemeanor offense if the misdemeanor
33offenses arose from the same transaction or occurrence, and the
34application contains the misdemeanor offenses to be expunged.
35The division provides that the expunged record under the
-26-1bill is a confidential record exempt from public access under
2Code section 22.7 but shall be made available by the clerk of
3the district court upon court order.
4The division also provides that after receipt of notice from
5the clerk of the district court that a record of conviction has
6been expunged, the record of conviction shall be removed from
7the criminal history data files maintained by the department of
8public safety if such a record was maintained in the criminal
9history data files.
10The division provides that the supreme court may prescribe
11rules governing expungement procedures applicable to criminal
12cases pursuant to the division.
13The division applies to misdemeanor convictions that occur
14prior to, on, or after July 1, 2018.
15DIVISION II — ROBBERY. This division modifies the criminal
16offense of robbery in the first degree to include circumstances
17when a person commits a robbery with a simulated firearm or
18simulated explosive. Currently, a person commits robbery in
19the first degree when the person purposely inflicts or attempts
20to inflict serious injury, or is armed with a dangerous weapon.
21Robbery in the first degree is a class “B” felony. A person
22convicted of a class “B” felony shall also be denied parole or
23work release until the person has served at least 70 percent of
24the sentence pursuant to Code section 902.12.
25The division defines “simulated firearm” to mean a device
26which is not a firearm, but which is expressly represented to
27be a firearm, or an object which is not a firearm but which
28is impliedly represented to be a firearm and which under the
29circumstances would lead a reasonable person to believe it to
30be a firearm.
31Under the division, a simulated explosive means a device
32which is not an explosive, but which is expressly represented
33to be an explosive, or a device which is not an explosive but
34which is impliedly represented to be an explosive and which by
35its appearance would lead a reasonable person to believe it to
-27-1be an explosive.
2The division provides that a person serving a sentence for
3a conviction for robbery in the first degree for a conviction
4that occurs on or after July 1, 2018, shall serve between 50
5and 70 percent of a 25-year class “B” felony sentence prior
6to being eligible for parole or work release. In determining
7when the person is first eligible for parole or work release
8within such parameters, the sentencing court shall base its
9determination upon all pertinent information including the
10person’s criminal record, a validated risk assessment, and
11the negative impact the offense has had on the victim or
12other persons. The division provides that a person serving
13a sentence for a conviction of robbery in the first degree
14for a conviction that occurs prior to July 1, 2018, shall
15be denied parole or work release until the person has served
16between one-half and seven-tenths of the maximum term of the
17person’s sentence as determined by the board of parole based
18upon the person’s criminal record, a validated risk assessment,
19and the negative impact the offense has had on the victim or
20other persons. Under current law, such a person sentenced to
21confinement is required to serve at least 70 percent of the
2225-year maximum class “B” felony sentence prior to becoming
23eligible for parole or work release.
24The division does not modify the earned time provisions
25related to the commission of robbery in the first degree, as a
26person who commits robbery in the first degree is eligible for
27a reduction of sentence equal to fifteen eighty-fifths of a day
28for each day of good conduct by the person under Code section
29903A.2.
30Under current law and the division, felonious robbery is
31also classified as a “forcible felony” under Code section
32702.11, and a person convicted of felonious robbery is
33prohibited from receiving a suspended or deferred sentence or
34deferred judgment pursuant to Code section 907.3.
35The division repeals the offense of robbery in the third
-28-1degree, an aggravated misdemeanor. A person commits robbery
2in the third degree when, while perpetrating a robbery, the
3person commits a simple misdemeanor assault in violation of
4Code section 708.2(6).
5DIVISION III — PROPERTY CRIMES — VALUE. This division
6increases the value of damaged or stolen property or services
7necessary to commit certain levels of numerous criminal
8offenses.
9THEFT. The division increases the value of property
10necessary for a person to commit theft in the second degree
11from property exceeding $1,000 but not more than $10,000 to
12property exceeding $1,500 but not more than $10,000. Theft in
13the second degree is a class “D” felony.
14The division increases the value of property necessary for
15a person to commit theft in the third degree from property
16exceeding $500 but not more than $1,000 to property exceeding
17$750 but not more than $1,500. Theft in the third degree is an
18aggravated misdemeanor.
19The division increases the value of property necessary for
20a person to commit theft in the fourth degree from property
21exceeding $200 but not more than $500 to property exceeding
22$300 but not more than $750. Theft in the fourth degree is a
23serious misdemeanor.
24The division increases the value of property necessary for a
25person to commit theft in the fifth degree from property not
26exceeding $200 to property not exceeding $300. Theft in the
27fifth degree is a simple misdemeanor.
28AGGRAVATED THEFT. The division increases the value of
29property necessary for a person to commit aggravated theft from
30property not exceeding $200 to property not exceeding $300.
31Aggravated theft is an aggravated misdemeanor or a class “D”
32felony depending upon the circumstances of the crime. Under
33current law, a person commits aggravated theft when the person
34commits a simple assault after the person has removed or
35attempted to remove property not exceeding $200.
-29- 1THEFT DETECTION DEVICES — SHIELD OR REMOVAL. The division
2increases the value of property necessary for a person to
3commit a serious misdemeanor for removal of a theft detection
4device from property exceeding $200 in value to property
5exceeding $300 in value. The division increases the value of
6property necessary for a person to commit a simple misdemeanor
7for removal of a theft detection device from property not
8exceeding $200 in value to property not exceeding $300 in
9value.
10FRAUDULENT PRACTICE. Fraudulent practice is defined in Code
11section 714.8. The division increases the value of property or
12services necessary for a person to commit fraudulent practice
13in the second degree from property or services exceeding $1,000
14but not more than $10,000 to property exceeding $1,500 but not
15more than $10,000. Fraudulent practice in the second degree
16is a class “D” felony.
17The division increases the value of property or services
18necessary for a person to commit fraudulent practice in the
19third degree from property or services exceeding $500 but not
20more than $1,000 to property or services exceeding $750 but not
21more than $1,500. Fraudulent practice in the third degree is
22an aggravated misdemeanor.
23The division increases the value of property or services
24necessary for a person to commit fraudulent practice in the
25fourth degree from property or services exceeding $200 but not
26more than $500 to property or services exceeding $300 but not
27more than $750. Fraudulent practice in the fourth degree is
28a serious misdemeanor.
29The division increases the value of property or services
30necessary for a person to commit fraudulent practice in the
31fifth degree from property or services not exceeding $200 to
32property or services not exceeding $300. Fraudulent practice
33in the fifth degree is a simple misdemeanor.
34CREDIT CARDS. Under current law, a person commits the class
35“D” felony offense of credit card fraud when a person illegally
-30-1secures or seeks to secure property or services by means of
2a credit card and the value of the property or services is
3greater than $1,000 but not more than $10,000. The division
4increases the minimum value of property or services necessary
5for a person to commit such a class “D” felony offense from
6$1,000 to $1,500.
7Under current law, a person commits the aggravated
8misdemeanor offense of credit card fraud when a person
9illegally secures or seeks to secure property or services
10by means of a credit card and the value of the property or
11services is $1,000 or less. The division increases the maximum
12value of property or services necessary for a person to commit
13such an aggravated misdemeanor offense from $1,000 to $1,500.
14IDENTITY THEFT. Under current law, a person commits
15the class “D” felony offense of identity theft when a
16person fraudulently uses or fraudulently attempts to use
17identification information of another person, with the intent
18to obtain credit, property, services, or other benefit, and
19the value of the credit, property, services, or other benefit
20exceeds $1,000 but does not exceed $10,000. The division
21increases the minimum value necessary for a person to commit
22such a class “D” felony offense from $1,000 to $1,500.
23Under current law, a person commits the aggravated
24misdemeanor offense of identity theft when a person
25fraudulently uses or fraudulently attempts to use
26identification information of another person, with the intent
27to obtain credit, property, or services, or other benefit, and
28the value of the credit, property, services, or other benefit
29exceeds $1,000 but does not exceed $10,000. The division
30increases the minimum value necessary for a person to commit
31such an aggravated misdemeanor offense from $1,000 to $1,500.
32CRIMINAL MISCHIEF. The division increases the value of
33damaged property that is necessary to commit criminal mischief
34in the second degree from damaged property exceeding $1,000 but
35not more than $10,000 to damaged property exceeding $1,500 but
-31-1not more than $10,000. Criminal mischief in the second degree
2is a class “D” felony.
3The division increases the value of damaged property
4that is necessary to commit criminal mischief in the third
5degree from damaged property exceeding $500 but not more than
6$1,000 to damaged property exceeding $750 but not more than
7$1,500. Criminal mischief in the third degree is an aggravated
8misdemeanor.
9The division increases the value of damaged property
10that is necessary to commit criminal mischief in the fourth
11degree from damaged property exceeding $200 but not more than
12$500 to damaged property exceeding $300 but not more than
13$750. Criminal mischief in the fourth degree is a serious
14misdemeanor.
15The division increases the value of damaged property that
16is necessary to commit criminal mischief in the fifth degree
17from damaged property not exceeding $200 to damaged property
18not exceeding $300. Criminal mischief in the fifth degree is a
19simple misdemeanor.
20TRESPASS. The division increases the value of damaged
21property that is necessary to commit a serious misdemeanor
22trespass offense from damaged property of more than $200 to
23damaged property of more than $300.
24The division increases the value of damaged property that is
25necessary to commit an aggravated misdemeanor trespass offense
26involving a hate crime from damaged property of more than $200
27to damaged property of more than $300.
28RAILROAD VANDALISM. The division increases the value of
29damaged property that is necessary to commit railroad vandalism
30in the fourth degree from damaged property exceeding $1,000 but
31not more than $10,000 to damaged property exceeding $1,500 but
32not more than $10,000. Railroad vandalism in the fourth degree
33is a class “D” felony.
34The division increases the value of damaged property that
35is necessary to commit railroad vandalism in the fifth degree
-32-1from damaged property exceeding $500 but not more than $1,000
2to damaged property exceeding $750 but not more than $1,500.
3Railroad vandalism in the fifth degree is an aggravated
4misdemeanor.
5The division increases the value of damaged property
6that is necessary to commit railroad vandalism in the sixth
7degree from damaged property exceeding $200 but not more than
8$500 to damaged property exceeding $300 but not more than
9$750. Railroad vandalism in the sixth degree is a serious
10misdemeanor.
11The division increases the value of damaged property that is
12necessary to commit railroad vandalism in the seventh degree
13from damaged property not exceeding $200 to damaged property
14not exceeding $300. Railroad vandalism in the seventh degree
15is a simple misdemeanor.
16TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL).
17 Under current law, a person commits the class “D” felony
18offense of transmission of unsolicited bulk email when the
19revenue generated from such a transmissions exceeds $1,000.
20The division increases the minimum value necessary for a
21person to commit such a class “D” felony offense from $1,000
22to $1,500.
23DIVISION IV — REVOCATION OF DRIVER’S LICENSE FOR
24DRUG-RELATED CONVICTIONS. Current law requires a court to
25order the department of transportation (DOT) to revoke a
26defendant’s driver’s license for 180 days if a defendant
27is sentenced for a controlled substance offense under Code
28section 124.401 (manufacturers, possessors, and counterfeit
29substances), 124.401A (enhanced penalty for manufacture or
30distribution on certain property), 124.402 (distributors,
31registrants, and proprietors), or 124.403 (distribution, use,
32possession, records, and information), a drug or drug-related
33offense under Code section 126.3 (prohibited acts related to
34drugs, devices, and cosmetics), or a controlled substance tax
35offense under Code chapter 453B. Current law also requires a
-33-1court to send a copy of the order and a notice of the conviction
2to the DOT. The division strikes Code section 901.5(10)
3revoking a defendant’s driver’s license for 180 days if the
4defendant is sentenced for a controlled substance offense for
5an offense under Code section 124.401, 124.401A, 124.402, or
6124.403.
7The division makes conforming Code changes to Code sections
8124.412, 321.212, 321.215, 321.218, and 321A.17.
9The division provides that a defendant’s driver’s license
10suspended or revoked pursuant to Code section 901.5(10) prior
11to the effective date of the division shall be reinstated if
12the defendant is otherwise eligible for a driver’s license.
13The division provides a contingent effective date specifying
14that the division takes effect on the date the governor submits
15to the United States secretary of transportation a written
16certification that the governor is opposed to the enforcement
17in Iowa of a law described in 23 U.S.C. §159(a)(3)(A) and a
18written certification that the general assembly has adopted
19a joint resolution expressing its opposition to the same, in
20accordance with 23 U.S.C. §159(a)(3)(B). The division requires
21the office of the governor to notify the Code editor upon
22submission of the certifications.
23DIVISION V — THEFT, FRAUD, AND FORGERY REVISIONS.
24THEFT OFFENSES — CONSOLIDATION. The division creates new
25Code section 714.2A relating to the consolidation of theft
26offenses. The division provides that for purposes of charging
27a person with theft, any conduct specified as theft in Code
28section 714.1(1) through (10), constitutes a single offense
29of theft embracing the separated offenses of theft known as
30taking, misappropriation, theft by deception, possession or
31receipt of stolen property, fraudulent conversion, check fraud,
32theft from a public utility, unlawful access to a computer,
33theft of video rental property, and other similar offenses
34related to theft. An accusation of theft may be supported by
35evidence that it was committed in any manner that would be
-34-1theft under Code section 714.1(1) through (10), notwithstanding
2the specification of a different manner of theft in the
3complaint, indictment, or information, subject only to the
4power of the court to ensure a fair trial by granting a
5continuance or other appropriate relief where the conduct of
6the defense would be prejudiced by lack of fair notice or
7surprise.
8DEFINITION OF FORGERY. The division amends Code section
9715A.2(2) relating to forgery. Under the division, a person
10commits forgery when the person possesses a writing that is or
11purports to be a driver’s license, nonoperator’s identification
12card, birth certificate, or occupational license or certificate
13in support of an occupational license issued by a department,
14agency, board, or commission in this state. A person who
15forges such a document commits a class “D” felony. By amending
16the definition of forgery, the division also changes the
17circumstances under which an employer is subject to a civil
18penalty for hiring a person who commits such a forgery,
19pursuant to Code section 715A.2A (accommodation of forgery).
20STATUTE OF LIMITATIONS — FRAUD OR BREACH OF FIDUCIARY
21OBLIGATION. The division amends Code section 802.5 relating
22to extending the periods of time a prosecution may be brought
23against a person for any offense involving a material element
24of fraud or a breach of fiduciary obligation. Under current
25law, a prosecution may be brought within one year after
26discovery of the offense by an aggrieved party or by a person
27who has a legal duty to represent an aggrieved party and who is
28not a party to the offense. The division specifies that such a
29prosecution may be brought within five years.
30DIVISION VI — CRIMINAL PROCEEDINGS.
31REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division
32creates new Code section 701.12 relating to evidence in a
33criminal prosecution. Under the division, the prosecuting
34attorney or a witness may refer to a person using the term
35“victim” during any criminal proceeding including at trial,
-35-1if there is sufficient evidence to support a finding that
2the person referenced as the victim meets the definition of
3a victim in Code section 915.10. A conviction shall not be
4reversed based upon a reference to a person as the victim
5during a criminal proceeding, if there is sufficient evidence
6to support a finding that the person referenced as the victim
7meets the definition of a victim in Code section 915.10.
8DEFENDANT RIGHT TO APPEAL. The division amends Code section
9814.6(1) by prohibiting the right to appeal to a defendant who
10has pled guilty to a criminal offense except this prohibition
11does not apply to a defendant who pleads guilty to a class “A”
12felony. The right to appeal means that an appellate court
13cannot deny a defendant’s statutory or constitutional right to
14have the defendant’s case reviewed on appeal.
15The division amends Code section 814.6(2) by specifying that
16discretionary review by an appellate court applies to an order
17denying a motion in arrest of judgment on grounds other than an
18ineffective assistance claim. Under current law, discretionary
19review applies to an order suppressing or admitting evidence,
20an order granting or denying a motion for a change of venue,
21an order denying probation, simple misdemeanor and ordinance
22violations, and an order raising a question of law important to
23the judiciary and the profession. Discretionary review is the
24process by which an appellate court may exercise its discretion
25to review specified matters not subject to appeal as a matter
26of right.
27INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The
28division amends Code section 814.7 relating to an ineffective
29assistance claim on appeal in a criminal case. The division
30prohibits an ineffective assistance claim being raised and
31decided on direct appeal from the criminal proceedings. Under
32current law, such a claim may be raised on direct appeal from
33the criminal proceedings if the record at the trial level is
34sufficient. Generally, an ineffective assistance of counsel
35claim is raised on appeal by a criminal defendant alleging
-36-1the defendant’s attorney was so incompetent it deprived the
2defendant the constitutional right to assistance of counsel.
3APPEALS FROM THE DISTRICT COURT — GENERAL VERDICT.
4 The division creates new Code section 814.28 relating to
5general verdicts. When the prosecution relies on multiple
6or alternative theories to prove the commission of a public
7offense, a jury may return a general verdict. If the jury
8returns a general verdict, the division specifies that a court
9shall not set aside or reverse such a verdict on the basis
10of a defective or insufficient theory if one or more of the
11theories presented and described in the complaint, information,
12or indictment is sufficient to sustain the verdict on at least
13one count.
14GUILTY PLEAS — CHALLENGES. If a defendant challenges a
15guilty plea based on an alleged defect in the plea proceedings,
16the division provides that the plea shall not be vacated unless
17the defendant demonstrates it is more likely than not that the
18defendant would not have pled guilty if the defect had not
19occurred. The burden applies whether the challenge is made
20by motion in arrest of judgment or in a challenge on appeal.
21Any provision in the Iowa rules of criminal procedure that are
22inconsistent with this provision shall have no legal effect.
23POSTCONVICTION RELIEF — RECORDS. The division creates new
24Code section 822.10A relating to postconviction procedure. The
25division provides that the court file containing the conviction
26for which the applicant seeks postconviction relief shall be
27part of the record in any action under Code chapter 822. Upon
28the filing of an application for postconviction relief pursuant
29to Code section 822.3, the clerk of the district court shall
30make the underlying criminal file accessible to the applicant,
31county attorney, and attorney general. If the criminal file
32records are not available in electronic format, the division
33requires the clerk of the district court to convert the records
34to an electronic format and make the records available to the
35applicant, county attorney, and attorney general.
-37- 1POSTCONVICTION — RELIEF. The bill strikes a provision that
2requires the respondent to an application for postconviction
3relief, to file an answer to the application with relevant
4portions of the record of the proceedings being challenged, if
5the applicant fails to file the application without the record
6of the proceedings being challenged.
7DIVISION VII — STATE AND COUNTY MEDICAL EXAMINER DEATH
8REPORTS AND INVESTIGATIONS. Currently, the report of an
9investigation by the state medical examiner or county medical
10examiner and the record and report of an autopsy shall be
11received as evidence in court or other proceedings, except that
12statements by witnesses or other persons and conclusions on
13extraneous matters included in the report are inadmissible.
14The division provides that the report of an investigation made
15by the state medical examiner or county medical examiner shall
16be admissible in court including any findings of the state
17medical examiner or county medical examiner and any information
18provided by a county attorney or law enforcement agency, if
19the information is otherwise admissible under the Iowa rules
20of evidence.
21The division provides that in formulating findings and
22conclusions regarding the cause and manner of death, the state
23medical examiner or county medical examiner shall be allowed
24to rely upon and include in the report of an investigation
25any information provided to the medical examiner by a county
26attorney or law enforcement agency.
27Additionally, the state medical examiner or county
28medical examiner may also rely upon and consider statements
29by witnesses or other persons for purposes of developing a
30clinical history of the decedent that preceded death when
31formulating findings and conclusions on the cause and manner of
32death. A court shall not exclude a medical examiner opinion
33as the cause of death on the basis that the examiner has
34considered out-of-court statements in forming that opinion, and
35such an opinion shall not constitute reversible error.
-38- 1The division also specifies that in lieu of conducting
2its own investigation, the state medical examiner may rely
3exclusively upon the findings of the county medical examiner,
4county attorney, or a law enforcement agency.
5DIVISION VIII — CRIMINAL PENALTIES.
6POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a
7person commits a first offense possession of marijuana, the
8offense is punishable by imprisonment in the county jail for
9not more than six months or by a fine of not more than $1,000,
10or by both. If a person commits a second offense possession
11of marijuana, the person commits a serious misdemeanor, and if
12a person commits a third or subsequent offense possession of
13marijuana, the person commits an aggravated misdemeanor.
14The division decreases the criminal penalty for a first
15offense possession of marijuana offense from an offense
16punishable by imprisonment for not more than six months or
17by a fine of not more than $1,000, or by both, to a simple
18misdemeanor punishable by confinement for no more than 30 days
19or a fine of at least $65 but not more than $625 or by both.
20The division makes convictions for violations in any other
21state count as a previous offense if the violation in the other
22state substantially corresponds with possession of controlled
23substance violations in this state, thus making a person with
24a conviction in another state more likely to be subject to
25enhanced penalties for possession of a controlled substance
26in this state under Code section 124.401(5), as amended by
27the division. The division specifies that the court shall
28judicially notice the statutes of other states which define
29offenses substantially equivalent to possession of a controlled
30substance.
31HOMICIDE BY VEHICLE. The division provides that a person
32commits a class “C” felony when the person unintentionally
33causes the death of another when exceeding the speed limit by
3425 miles per hour or more, in violation of Code section 321.285
35(speed restrictions), 321.290 (special restrictions), 321.293
-39-1(local authorities may alter limits), or 321.295 (limitation
2on bridge or elevated structures), if the death of the other
3person directly or indirectly results from such a violation.
4This new provision does not apply to a member of a public
5safety agency, as defined in Code section 34.1, performing
6official duties.
7Currently, a person who violates Code section 321.285
8commits a simple misdemeanor or a simple misdemeanor punishable
9as a scheduled fine under Code section 805.8A, a person who
10violates Code section 321.290 or 321.293 commits a simple
11misdemeanor, and a person who violates Code section 321.295
12commits a simple misdemeanor punishable as a scheduled fine of
13$50.
14ARSON IN THE FIRST DEGREE. The division requires an
15offender who commits the criminal offense of arson in the first
16degree to serve 50 to 70 percent of a 25-year class “B” felony
17sentence prior to being eligible for parole or work release.
18Under current law, such an offender is sentenced to confinement
19for 25 years but is eligible for parole upon entering prison.
20At the time of sentencing, the division provides that the
21court determine when a person convicted of arson in the first
22degree first becomes eligible for parole or work release within
23the parameters of 50 to 70 percent of the 25-year sentence,
24based upon all pertinent information including the person’s
25criminal record, a validated risk assessment, and the negative
26impact the offense has had on the victim or other persons. The
27division also makes arson in the first degree a category “B”
28sentence under Code section 903A.2, in effect increasing the
29length of the sentence by reducing the amount of earned time
30such a person is eligible for during confinement from one and
31two-tenths of a day for each day of good conduct to fifteen
32eighty-fifths of a day for each day of good conduct.
33JUROR SERVICE AND DONATIONS. The division relates
34to jurors, including donation of juror compensation or
35reimbursement, jury manager authority to excuse or defer
-40-1jurors, and public access to juror information.
2The division provides that with approval by the chief judge
3of the judicial district, a jury manager may excuse or defer
4jurors in accordance with Code section 607A.4, 607A.5, or
5607A.6. Code section 607A.4 provides minimum qualifications
6for jury service. Code section 607A.5 provides certain
7conditions for automatic excuse from jury service. Code
8section 607A.6 provides certain conditions for discretionary
9excuse from jury service. The division provides that a jury
10manager may defer, but not excuse, persons from juror service
11for reasons beyond those enumerated in these Code sections.
12The division provides that a juror may donate
13compensation or reimbursement for juror service to a supreme
14court-designated state fund or charitable organization. The
15division requires the state court administrator to establish
16separate accounts for the deposit of juror-donated moneys
17depending upon the state fund or charitable use or organization
18designated by the juror. The division limits the number
19of state funds or charitable uses or organizations that
20moneys may be donated to by the juror. The division permits
21juror donations to be made to the victim compensation fund
22established in Code section 915.94 or to the court technology
23and modernization fund in Code section 602.8108. The division
24permits juror donations for the following charitable uses
25or organizations: domestic violence shelters or services;
26specialized courts related to drug treatment, operating while
27intoxicated offenses, or mental health; pro se litigants; or
28the Iowa interest on lawyers trust account.
29The division provides that public access to juror and
30prospective juror information is limited. The division
31provides that prospective juror addresses and dates of birth
32are confidential and are not subject to disclosure without an
33order of the court.
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