Bill Text: IA HF78 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 78 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the expungement of not-guilty verdicts and dismissed criminal-charge records.

Sponsorship: Partisan Bill (Democrat 26)

Status: (Introduced - Dead) 2015-01-22 - Subcommittee, Branhagen, Jones, and Wolfe. H.J. 143. [HF78 Detail]

Download: Iowa-2015-HF78-Introduced.html

House File 78 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE, MEYER,
                                     WESSEL=KROESCHELL,
                                     GASKILL, McCONKEY,
                                     HUNTER, HEDDENS,
                                     STAED, PRICHARD,
                                     STECKMAN, KEARNS,
                                     STUTSMAN,
                                     BROWN=POWERS, THEDE,
                                     H. MILLER, BERRY,
                                     OURTH, BEARINGER,
                                     HANSON, ABDUL=SAMAD,
                                     WINCKLER, LENSING,
                                     GAINES, KRESSIG,
                                     FORBES, and T. TAYLOR

                                      A BILL FOR

  1 An Act relating to the expungement of not=guilty verdicts and
  2    dismissed criminal=charge records.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  901C.1  Not=guilty verdicts and
  1  2 criminal=charge dismissals ==== expungement.
  1  3    One year after a person has been found not guilty of a charge
  1  4 or one year after a charge is dismissed against the person,
  1  5 except as provided in section 907.9, the charge shall be
  1  6 expunged by the clerk of the district court.  For purposes of
  1  7 this section, "expunged" means the same as provided in section
  1  8 907.1.
  1  9    Sec. 2.  Section 907.9, subsection 4, paragraph c,
  1 10 unnumbered paragraph 1, Code 2015, is amended to read as
  1 11 follows:
  1 12    A Except as provided in section 901C.1, a dismissed count or
  1 13 related charge shall be expunged pursuant to the provisions of
  1 14 paragraph "b" in the following manner:
  1 15                           EXPLANATION
  1 16 The inclusion of this explanation does not constitute agreement with
  1 17 the explanation's substance by the members of the general assembly.
  1 18    This bill relates to the expungement of not=guilty verdicts
  1 19 and dismissed criminal=charge records.
  1 20    The bill specifies that one year after a person has been
  1 21 found not guilty of a charge or one year after a charge is
  1 22 dismissed against the person, the charge shall be expunged by
  1 23 the clerk of the district court, unless the charge is subject
  1 24 to the expungement provisions of Code section 907.9.
  1 25    Code section 907.1 defines "expunged" to mean that the
  1 26 court's criminal record with reference to a deferred judgment
  1 27 or any other criminal record has been segregated in a secure
  1 28 area or database which is exempted from public access.
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