Bill Text: IA HF2381 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-08 - Introduced, referred to Judiciary. H.J. 223. [HF2381 Detail]
Download: Iowa-2023-HF2381-Introduced.html
House
File
2381
-
Introduced
HOUSE
FILE
2381
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
illegal
reentry
into
the
state
by
certain
1
aliens,
prohibition
on
arrest
in
certain
locations,
orders
2
to
return
to
a
foreign
nation,
immunity
from
liability
3
and
indemnification
for
enforcement
actions,
sentencing
4
restrictions,
and
providing
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
718C.1
Definitions.
1
As
used
in
this
chapter:
2
1.
“Alien”
means
the
same
as
defined
in
8
U.S.C.
§1101,
as
3
of
January
1,
2023.
4
2.
“Port
of
entry”
means
a
port
of
entry
in
the
United
5
States
as
designated
by
19
C.F.R.
pt.
101.
6
Sec.
2.
NEW
SECTION
.
718C.2
Illegal
reentry
into
state
by
7
certain
aliens.
8
1.
A
person
who
is
an
alien
commits
an
offense
if
the
person
9
enters,
attempts
to
enter,
or
is
at
any
time
found
in
this
10
state
under
any
of
the
following
circumstances:
11
a.
The
person
has
been
denied
admission
to
or
has
been
12
excluded,
deported,
or
removed
from
the
United
States.
13
b.
The
person
has
departed
from
the
United
States
while
an
14
order
of
exclusion,
deportation,
or
removal
is
outstanding.
15
2.
An
offense
under
this
section
is
an
aggravated
16
misdemeanor,
except
that
the
offense
is:
17
a.
A
class
“D”
felony
if
any
of
the
following
are
true:
18
(1)
The
person’s
removal
was
subsequent
to
a
conviction
for
19
commission
of
two
or
more
misdemeanors
involving
drugs,
crimes
20
against
a
person,
or
both.
21
(2)
The
person
was
excluded
pursuant
to
8
U.S.C.
22
§1225(c)
because
the
defendant
was
excludable
under
8
U.S.C.
23
§1182(a)(3)(B).
24
(3)
The
person
was
removed
pursuant
to
the
provisions
of
8
25
U.S.C.
ch.
12,
subch.
V.
26
(4)
The
person
was
removed
pursuant
to
8
U.S.C.
27
§1231(a)(4)(B).
28
b.
A
class
“C”
felony
if
the
person
was
removed
subsequent
29
to
a
conviction
for
the
commission
of
a
felony.
30
3.
For
purposes
of
this
section,
“removal”
includes
an
order
31
issued
under
this
chapter
or
any
other
agreement
in
which
an
32
alien
stipulates
to
removal
pursuant
to
a
criminal
proceeding
33
under
either
federal
or
state
law.
34
Sec.
3.
NEW
SECTION
.
718C.3
Arrest
prohibited
in
certain
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locations.
1
Notwithstanding
any
other
law,
a
peace
officer
may
not
2
arrest
or
detain
a
person
for
purposes
of
enforcing
a
provision
3
of
this
chapter
if
the
person
is
on
the
premises
or
grounds
of
4
any
of
the
following
places:
5
1.
A
public
or
private
primary
or
secondary
school
for
6
educational
purposes.
7
2.
A
church,
synagogue,
or
other
established
place
of
8
religious
worship.
9
3.
A
health
care
facility,
as
defined
in
section
135C.1,
10
including
a
facility
a
state
agency
maintains
or
operates
to
11
provide
health
care,
or
the
office
of
a
health
care
provider,
12
provided
that
the
person
is
on
the
premises
or
grounds
of
13
the
facility
or
office
for
the
purpose
of
receiving
medical
14
treatment.
15
4.
A
facility
that
provides
forensic
medical
examinations
16
to
sexual
assault
survivors
provided
that
the
person
is
on
the
17
premises
or
grounds
of
the
facility
for
purposes
of
obtaining
a
18
forensic
medical
examination
and
treatment.
19
Sec.
4.
NEW
SECTION
.
718C.4
Order
to
return
to
foreign
20
nation.
21
1.
A
judge
during
a
person’s
initial
appearance
following
22
an
arrest
for
a
violation
of
this
chapter
may,
after
making
a
23
determination
that
probable
cause
exists
for
the
arrest,
order
24
the
person
released
from
custody
and
issue
a
written
order
in
25
accordance
with
subsection
3.
26
2.
The
judge
in
a
person’s
case
at
any
time
after
the
27
person’s
initial
appearance
may,
in
lieu
of
continuing
the
28
prosecution
of
or
entering
an
adjudication
regarding
an
offense
29
under
this
chapter,
dismiss
the
charge
pending
against
the
30
person
and
issue
a
written
order
in
accordance
with
subsection
31
3.
32
3.
A
written
order
authorized
by
subsection
1
or
2
shall
33
discharge
the
person
and
require
the
person
to
return
to
the
34
foreign
nation
from
which
the
person
entered
or
attempted
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to
enter,
and
may
be
issued
only
if
all
of
the
following
1
requirements
are
met:
2
a.
The
person
agrees
to
the
order.
3
b.
The
person
has
not
previously
been
convicted
of
an
4
offense
under
this
chapter,
or
previously
obtained
a
discharge
5
under
an
order
under
subsection
1
or
2.
6
c.
The
person
is
not
charged
with
another
offense
that
is
7
punishable
as
an
aggravated
misdemeanor
or
any
higher
category
8
of
offense.
9
d.
Before
the
issuance
of
the
order,
the
arresting
law
10
enforcement
agency
has
done
all
of
the
following:
11
(1)
Collected
all
available
identifying
information
of
the
12
person,
which
must
include
taking
fingerprints
from
the
person
13
and
using
other
applicable
photographic
and
biometric
measures
14
to
identify
the
person.
15
(2)
Cross-referenced
the
collected
information
with
all
16
relevant
local,
state,
and
criminal
databases
and
federal
lists
17
or
classifications
used
to
identify
a
person
as
a
threat
or
18
potential
threat
to
national
security.
19
4.
Upon
a
person’s
conviction
of
an
offense
under
this
20
chapter,
the
judge
shall
enter
in
the
judgment
in
the
case
an
21
order
requiring
the
person
to
return
to
the
foreign
nation
22
from
which
the
person
entered
or
attempted
to
enter.
An
order
23
issued
under
this
subsection
takes
effect
on
completion
of
the
24
term
of
confinement
or
imprisonment
imposed
by
the
judgment.
25
5.
An
order
issued
under
this
section
must
include
all
of
26
the
following:
27
a.
The
manner
of
transportation
of
the
person
to
a
port
of
28
entry.
29
b.
The
law
enforcement
officer
or
state
agency
responsible
30
for
monitoring
compliance
with
the
order.
31
6.
An
order
issued
under
this
article
must
be
filed
with
32
the
county
clerk
of
the
county
in
which
the
person
was
arrested
33
for
an
order
described
by
subsection
1,
or
with
the
clerk
of
34
the
court
exercising
jurisdiction
in
the
case
for
an
order
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described
by
subsection
2
or
4.
1
7.
Not
later
than
the
seventh
day
after
the
date
an
order
is
2
issued
under
this
section,
the
law
enforcement
officer
or
state
3
agency
required
to
monitor
compliance
with
the
order
shall
4
report
the
issuance
of
the
order
to
the
department
of
public
5
safety
for
inclusion
in
the
computerized
criminal
history
6
system.
7
Sec.
5.
NEW
SECTION
.
718C.5
Refusal
to
comply
with
order
to
8
return
to
foreign
nation.
9
1.
A
person
who
is
an
alien
commits
an
offense
if
all
of
the
10
following
are
true:
11
a.
The
person
has
been
charged
with
or
convicted
of
an
12
offense
under
this
chapter.
13
b.
A
judge
has
issued
an
order
under
this
chapter
for
the
14
person
to
return
to
the
foreign
nation
from
which
the
person
15
entered
or
attempted
to
enter.
16
c.
The
person
failed
to
comply
with
the
order.
17
2.
An
offense
under
this
section
is
a
class
“C”
felony.
18
Sec.
6.
NEW
SECTION
.
718C.6
Abatement
of
prosecution
on
19
basis
of
immigration
status
determination
prohibited.
20
A
court
may
not
abate
the
prosecution
of
an
offense
under
21
this
chapter
on
the
basis
that
a
federal
determination
22
regarding
the
immigration
status
of
the
person
is
pending
or
23
will
be
initiated.
24
Sec.
7.
NEW
SECTION
.
718C.7
Civil
immunity
for
and
25
indemnification
of
local
government
officials,
employees,
and
26
contractors.
27
1.
Except
as
provided
by
subsection
4,
a
local
government
28
official,
employee,
or
contractor
is
immune
from
liability
29
for
damages
arising
from
a
cause
of
action
under
state
law
30
resulting
from
an
action
taken
by
the
official,
employee,
31
or
contractor
to
enforce
this
chapter
during
the
course
and
32
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
33
employment,
or
contractual
performance
for
or
service
on
behalf
34
of
the
local
government.
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2.
Subject
to
subsection
3
and
except
as
provided
by
1
subsection
4,
a
local
government
shall
indemnify
an
official,
2
employee,
or
contractor
of
the
local
government
for
damages
3
arising
from
a
cause
of
action
under
federal
law
resulting
4
from
an
action
taken
by
the
official,
employee,
or
contractor
5
to
enforce
this
chapter
during
the
course
and
scope
of
the
6
official’s,
employee’s,
or
contractor’s
office,
employment,
or
7
contractual
performance
for
or
service
on
behalf
of
the
local
8
government.
9
3.
Indemnification
payments
made
under
subsection
2
by
a
10
local
government
shall
not
exceed
the
following:
11
a.
One
hundred
thousand
dollars
to
any
one
person
or
three
12
hundred
thousand
dollars
for
any
single
occurrence
in
the
case
13
of
personal
injury
or
death.
14
b.
Ten
thousand
dollars
for
a
single
occurrence
of
property
15
damage.
16
4.
Subsections
1
and
2
do
not
apply
if
the
court
or
jury
17
determines
that
the
local
government
official,
employee,
or
18
contractor
acted
in
bad
faith,
with
conscious
indifference,
or
19
with
recklessness.
20
5.
A
local
government
shall
indemnify
an
official,
21
employee,
or
contractor
of
the
local
government
for
reasonable
22
attorney
fees
incurred
in
defense
of
a
criminal
prosecution
23
against
the
official,
employee,
or
contractor
for
an
action
24
taken
by
the
official,
employee,
or
contractor
to
enforce
25
this
chapter
during
the
course
and
scope
of
the
official’s,
26
employee’s,
or
contractor’s
office,
employment,
or
contractual
27
performance
for
or
service
on
behalf
of
the
local
government.
28
6.
This
section
shall
not
be
construed
to
waive
any
29
statutory
limits
on
damages
under
state
law.
30
Sec.
8.
NEW
SECTION
.
718C.8
Civil
immunity
for
and
31
indemnification
of
state
officials,
employees,
and
contractors.
32
1.
Except
as
provided
by
subsection
4,
an
elected
or
33
appointed
state
official,
or
a
state
employee
or
contractor,
34
is
immune
from
liability
for
damages
arising
from
a
cause
of
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action
under
state
law
resulting
from
an
action
taken
by
the
1
official,
employee,
or
contractor
to
enforce
this
chapter
2
during
the
course
and
scope
of
the
official’s,
employee’s,
or
3
contractor’s
office,
employment,
or
contractual
performance
for
4
or
service
on
behalf
of
the
state.
5
2.
Except
as
provided
by
subsection
4,
the
state
shall
6
indemnify
an
elected
or
appointed
state
official
or
a
state
7
employee
or
contractor
for
damages
arising
from
a
cause
of
8
action
under
federal
law
resulting
from
an
action
taken
by
9
the
official,
employee,
or
contractor
to
enforce
this
chapter
10
during
the
course
and
scope
of
the
official’s,
employee’s,
or
11
contractor’s
office,
employment,
or
contractual
performance
for
12
or
service
on
behalf
of
the
state.
13
3.
Notwithstanding
any
other
law,
an
indemnification
14
payment
made
under
subsection
2
is
not
subject
to
an
15
indemnification
limit
under
the
laws
of
this
state.
16
4.
Subsections
1
and
2
do
not
apply
if
the
court
or
jury
17
determines
that
the
state
official,
employee,
or
contractor
18
acted
in
bad
faith,
with
conscious
indifference,
or
with
19
recklessness.
20
5.
The
state
shall
indemnify
a
state
official,
employee,
21
or
contractor
for
reasonable
attorney
fees
incurred
in
defense
22
of
a
criminal
prosecution
against
the
official,
employee,
or
23
contractor
for
an
action
taken
by
the
official,
employee,
24
or
contractor
to
enforce
this
chapter
during
the
course
and
25
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
26
employment,
or
contractual
performance
for
or
service
on
behalf
27
of
the
state.
28
6.
A
state
official,
employee,
or
contractor
who
may
be
29
entitled
to
indemnification
under
subsection
2
is
entitled
30
to
representation
by
the
attorney
general
in
an
action
in
31
connection
with
which
the
official,
employee,
or
contractor
may
32
be
entitled
to
that
indemnification.
33
7.
This
section
shall
not
be
construed
to
waive
any
34
statutory
limits
on
damages
under
state
law.
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Sec.
9.
NEW
SECTION
.
718C.9
Appeal
to
supreme
court.
1
For
a
civil
action
brought
against
a
person
who
may
be
2
entitled
to
immunity
or
indemnification
under
section
718C.7
or
3
718C.8,
an
appeal
shall
be
taken
directly
to
the
supreme
court.
4
Sec.
10.
NEW
SECTION
.
718C.10
Deferred
judgment,
deferred
5
sentence,
or
suspended
sentence
prohibited.
6
Notwithstanding
any
other
provision
of
law,
a
person
who
is
7
convicted
of
an
offense
under
section
718C.2
or
718C.5
shall
8
not
be
eligible
for
a
deferred
judgment,
deferred
sentence,
or
9
suspended
sentence.
10
Sec.
11.
Section
907.3,
unnumbered
paragraph
1,
Code
2024,
11
is
amended
to
read
as
follows:
12
Pursuant
to
section
901.5
,
the
trial
court
may,
upon
a
plea
13
of
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
which
14
a
judgment
of
conviction
may
be
rendered,
exercise
any
of
the
15
options
contained
in
this
section
.
However,
this
section
does
16
not
apply
to
a
forcible
felony
,
or
to
a
violation
of
chapter
17
709
committed
by
a
person
who
is
a
mandatory
reporter
of
child
18
abuse
under
section
232.69
in
which
the
victim
is
a
person
who
19
is
under
the
age
of
eighteen
,
or
to
a
violation
of
section
20
718C.2
or
718C.5
.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
illegal
reentry
into
the
state
by
25
certain
aliens,
prohibition
on
arrest
in
certain
locations,
26
orders
to
return
to
a
foreign
nation,
immunity
from
liability
27
and
indemnification
for
enforcement
actions,
and
sentencing
28
restrictions.
29
The
bill
provides
that
a
person
who
is
an
alien
commits
an
30
offense
if
the
person
enters,
attempts
to
enter,
or
is
at
any
31
time
found
in
this
state
if
the
person
has
previously
been
32
denied
admission
to
or
has
been
excluded,
deported,
or
removed
33
from
the
United
States,
or
the
person
previously
departed
from
34
the
United
States
while
an
order
of
exclusion,
deportation,
or
35
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removal
was
outstanding.
1
The
bill
provides
that
the
offense
is
an
aggravated
2
misdemeanor,
except
that
the
offense
is:
a
class
“D”
felony
3
if
the
person’s
removal
was
subsequent
to
a
conviction
for
4
commission
of
two
or
more
misdemeanors
involving
drugs,
crimes
5
against
a
person,
or
both;
the
person
was
excluded
pursuant
to
6
8
U.S.C.
§1225(c)
because
the
defendant
was
excludable
under
7
8
U.S.C.
§1182(a)(3)(B);
the
person
was
removed
pursuant
to
8
the
provisions
of
8
U.S.C.
ch.
12,
subch.
V,
or
the
person
was
9
removed
pursuant
to
8
U.S.C.
§1231(a)(4)(B).
An
offense
is
10
a
class
“C”
felony
if
the
person
was
removed
subsequent
to
a
11
conviction
for
the
commission
of
a
felony.
The
bill
provides
12
that
“removal”
includes
an
order
issued
under
the
bill
or
13
any
other
agreement
in
which
an
alien
stipulates
to
removal
14
pursuant
to
a
criminal
proceeding
under
either
federal
or
state
15
law.
An
aggravated
misdemeanor
is
punishable
by
confinement
16
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
17
not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
18
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
19
$1,025
but
not
more
than
$10,245.
A
class
“C”
felony
is
20
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
21
of
at
least
$1,370
but
not
more
than
$13,660.
22
The
bill
provides
that
a
peace
officer
may
not
arrest
or
23
detain
a
person
for
purposes
of
enforcing
a
provision
of
24
the
bill
if
the
person
is
on
the
premises
or
grounds
of:
a
25
public
or
private
primary
or
secondary
school
for
educational
26
purposes;
a
church,
synagogue,
or
other
established
place
of
27
religious
worship;
a
health
care
facility,
provided
that
the
28
person
is
on
the
premises
or
grounds
of
the
facility
or
office
29
for
the
purpose
of
receiving
medical
treatment;
or
a
facility
30
that
provides
forensic
medical
examinations
to
sexual
assault
31
survivors
provided
that
the
person
is
on
the
premises
or
32
grounds
of
the
facility
for
purposes
of
obtaining
a
forensic
33
medical
examination
and
treatment.
34
The
bill
provides
that
a
judge
during
a
person’s
initial
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appearance
following
an
arrest
for
a
violation
of
the
bill
1
may,
after
making
a
determination
that
probable
cause
exists
2
for
the
arrest,
order
the
person
released
from
custody
and
3
issue
a
written
order
requiring
the
person
to
return
to
the
4
foreign
nation
from
which
the
person
came.
The
judge
in
a
5
person’s
case
at
any
time
after
the
person’s
initial
appearance
6
may,
in
lieu
of
continuing
the
prosecution
of
or
entering
an
7
adjudication
regarding
an
offense
under
the
bill,
dismiss
the
8
charge
pending
against
the
person
and
issue
a
written
order
9
requiring
the
person
to
return
to
the
foreign
nation
from
which
10
the
person
came.
A
written
order
discharging
the
person
and
11
requiring
the
person
to
return
to
the
foreign
nation
from
12
which
the
person
entered
or
attempted
to
enter
may
be
issued
13
only
if
all
of
the
following
occur:
the
person
agrees
to
14
the
order;
the
person
has
not
previously
been
convicted
of
15
an
offense
under
the
bill
or
previously
obtained
a
discharge
16
under
an
order
to
return
to
the
foreign
nation
from
which
the
17
person
came;
the
person
is
not
charged
with
another
offense
18
that
is
punishable
as
an
aggravated
misdemeanor
or
any
higher
19
category
of
offense;
and
the
arresting
law
enforcement
agency
20
has
collected
all
available
identifying
information
of
the
21
person
and
has
cross-referenced
the
collected
information
with
22
all
relevant
local,
state,
and
criminal
databases
and
federal
23
lists
or
classifications
used
to
identify
a
person
as
a
threat
24
or
potential
threat
to
national
security.
25
Upon
conviction
for
a
violation
of
the
bill,
the
bill
26
provides
that
the
judge
shall
enter
in
the
judgment
in
the
case
27
an
order
requiring
the
person
to
return
to
the
foreign
nation
28
from
which
the
person
entered
or
attempted
to
enter.
An
order
29
issued
under
this
provision
takes
effect
on
completion
of
the
30
term
of
confinement
or
imprisonment
imposed
by
the
judgment.
31
The
bill
provides
that
an
order
must
include
the
manner
of
32
transportation
of
the
person
to
a
port
of
entry
and
the
law
33
enforcement
officer
or
state
agency
responsible
for
monitoring
34
compliance
with
the
order.
Within
seven
days
of
an
order’s
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issuance,
the
law
enforcement
officer
or
state
agency
required
1
to
monitor
compliance
with
the
order
shall
report
the
issuance
2
of
the
order
to
the
department
of
public
safety
for
inclusion
3
in
the
computerized
criminal
history
system.
4
The
bill
provides
that
a
person
who
is
an
alien
commits
an
5
offense
if
the
person
has
been
charged
with
or
convicted
of
an
6
offense
under
the
bill,
a
judge
has
issued
an
order
under
the
7
bill
for
the
person
to
return
to
the
foreign
nation
from
which
8
the
person
entered
or
attempted
to
enter,
and
the
person
failed
9
to
comply
with
the
order.
An
offense
under
this
provision
of
10
the
bill
is
a
class
“C”
felony.
11
The
bill
provides
that
a
court
may
not
abate
the
prosecution
12
of
an
offense
under
the
bill
on
the
basis
that
a
federal
13
determination
regarding
the
immigration
status
of
the
person
is
14
pending
or
will
be
initiated.
15
The
bill
provides
that
a
local
government
official,
16
employee,
or
contractor
is
immune
from
liability
for
damages
17
arising
from
a
cause
of
action
resulting
from
an
action
taken
18
to
enforce
the
bill.
A
local
government
shall
indemnify
an
19
official,
employee,
or
contractor
of
the
local
government
20
for
damages
arising
from
a
cause
of
action
under
federal
law
21
resulting
from
an
action
taken
to
enforce
the
bill.
22
The
bill
provides
that
indemnification
payments
made
by
a
23
local
government
shall
not
exceed
$100,000
to
any
one
person,
24
$300,000
for
any
single
occurrence
in
the
case
of
personal
25
injury
or
death,
or
$10,000
for
a
single
occurrence
of
property
26
damage.
27
If
the
court
or
jury
determines
that
the
local
government
28
official,
employee,
or
contractor
acted
in
bad
faith,
with
29
conscious
indifference,
or
with
recklessness,
the
official,
30
employee,
or
contractor
is
not
entitled
to
immunity
or
31
indemnification.
32
The
bill
provides
that
an
elected
or
appointed
state
33
official,
or
a
state
employee
or
contractor,
is
immune
from
34
liability
for
damages
resulting
from
an
action
taken
to
enforce
35
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the
bill.
1
The
bill
provides
that
the
state
shall
indemnify
an
elected
2
or
appointed
state
official,
or
a
state
employee
or
contractor,
3
for
damages
arising
from
a
cause
of
action
under
federal
law
4
resulting
from
an
action
taken
by
the
official,
employee,
or
5
contractor
to
enforce
the
bill.
An
indemnification
payment
6
made
to
an
elected
or
appointed
state
official,
or
a
state
7
employee
or
contractor,
is
not
subject
to
an
indemnification
8
limit
under
the
laws
of
this
state.
9
If
the
court
or
jury
determines
that
an
elected
or
appointed
10
state
official,
or
a
state
employee
or
contractor,
acted
in
bad
11
faith,
with
conscious
indifference,
or
with
recklessness,
the
12
elected
or
appointed
state
official,
or
a
state
employee
or
13
contractor,
is
not
entitled
to
immunity
or
indemnification.
14
The
bill
provides
that
a
state
official,
employee,
or
15
contractor
who
may
be
entitled
to
indemnification
is
entitled
16
to
representation
by
the
attorney
general.
17
Current
law
generally
provides
that
the
trial
court
may,
18
upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
19
verdict
upon
which
a
judgment
of
conviction
may
be
rendered,
20
defer
judgment,
defer
sentencing,
or
suspend
the
sentence.
21
This
provision
does
not
apply
to
a
forcible
felony
or
to
a
22
violation
of
Code
chapter
709
(sexual
abuse)
committed
by
a
23
person
who
is
a
mandatory
reporter
of
child
abuse
in
which
the
24
victim
is
a
person
who
is
under
the
age
of
18.
25
The
bill
adds
a
violation
of
the
bill
to
those
offenses
for
26
which
the
option
to
render
a
deferred
judgment
or
sentence,
or
27
a
suspended
sentence,
does
not
apply.
28
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