Bill Text: IA SF2196 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act modifying criminal code provisions relating to criminal records, penalties, prosecutions, appeals, driving privileges, and postconviction relief, and including effective date provisions. (See SF 2382.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-12 - Subcommittee recommends amendment and passage. [SF2196 Detail]
Download: Iowa-2017-SF2196-Introduced.html
Senate File 2196 - Introduced SENATE FILE BY DAWSON A BILL FOR 1 An Act modifying criminal code provisions relating to criminal 2 records, penalties, prosecutions, appeals, driving 3 privileges, and postconviction relief, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5257XS (24) 87 jm/rh PAG LIN 1 1 DIVISION I 1 2 EXPUNGEMENT 1 3 Section 1. NEW SECTION. 901C.3 Misdemeanor ==== expungement. 1 4 1. Upon application of a defendant convicted of a 1 5 misdemeanor offense, the court shall enter an order expunging 1 6 the record of such a criminal case, as a matter of law, if 1 7 the defendant has established that more than eight years 1 8 have passed since the date of the conviction, the defendant 1 9 is not the subject of a protective order or a no=contact 1 10 order, the defendant has no pending criminal charges, the 1 11 defendant has not been subsequently convicted of or granted a 1 12 deferred judgment for any criminal offense, other than a simple 1 13 misdemeanor conviction under chapter 321 or of a similar local 1 14 ordinance, and all court costs, fees, fines, and restitution 1 15 and other financial obligations ordered by the court or 1 16 assessed by the clerk of the district court have been paid. 1 17 2. An expungement under this section shall not be entered 1 18 for any of the following misdemeanor convictions: 1 19 a. A conviction under section 123.46. 1 20 b. A simple misdemeanor conviction under section 123.47, 1 21 subsection 3. 1 22 c. A conviction for dependent adult abuse under section 1 23 235B.20. 1 24 d. A conviction under section 321.218, 321A.32, or 321J.21. 1 25 e. A conviction under section 321J.2. 1 26 f. A conviction for a sex offense as defined in section 1 27 692A.101. 1 28 g. A conviction for involuntary manslaughter under section 1 29 707.5. 1 30 h. A conviction for assault under section 708.2, subsection 1 31 3. 1 32 i. A conviction under section 708.2A. 1 33 j. A conviction for harassment under section 708.7. 1 34 k. A conviction for stalking under section 708.11. 1 35 l. A conviction for removal of an officer's communication or 2 1 control device under section 708.12. 2 2 m. A conviction for trespass under section 716.8, subsection 2 3 3 or 4. 2 4 n. A conviction under chapter 717C. 2 5 o. A conviction under chapter 719. 2 6 p. A conviction under chapter 720. 2 7 q. A conviction under section 721.2. 2 8 r. A conviction under section 721.10. 2 9 s. A conviction under section 723.1. 2 10 t. A conviction under chapter 724. 2 11 u. A conviction under chapter 726. 2 12 v. A conviction under chapter 728. 2 13 w. A conviction under chapter 901A. 2 14 x. A conviction for a comparable offense listed in 49 C.F.R. 2 15 {383.51(b) (table 1), and 49 C.F.R. {383.51(e) (table 4). 2 16 y. A conviction under prior law of an offense comparable to 2 17 an offense enumerated in this subsection. 2 18 3. A person shall only be allowed to apply for an 2 19 expungement of a record under this section one time in 2 20 the person's lifetime. However, the one application may 2 21 request the expungement of records relating to more than one 2 22 misdemeanor offense if the misdemeanor offenses arose from the 2 23 same transaction or occurrence, and the application contains 2 24 the misdemeanor offenses to be expunged. 2 25 4. The expunged record under this section is a confidential 2 26 record exempt from public access under section 22.7 but shall 2 27 be made available by the clerk of the district court upon court 2 28 order. 2 29 5. Notwithstanding section 692.2, after receipt of 2 30 notice from the clerk of the district court that a record of 2 31 conviction has been expunged under subsection 1, the record 2 32 of conviction shall be removed from the criminal history data 2 33 files maintained by the department of public safety if such a 2 34 record was maintained in the criminal history data files. 2 35 6. The supreme court may prescribe rules governing the 3 1 procedures applicable to the expungement of a criminal case 3 2 under this section. 3 3 7. This section applies to a misdemeanor conviction that 3 4 occurred prior to, on, or after July 1, 2018. 3 5 DIVISION II 3 6 ROBBERY 3 7 Sec. 2. NEW SECTION. 702.26 Simulated firearm. 3 8 "Simulated firearm" means a device which is not a firearm, 3 9 but which is expressly represented to be a firearm, or 3 10 an object which is not a firearm but which is impliedly 3 11 represented to be a firearm and which under the circumstances 3 12 would lead a reasonable person to believe it to be a firearm. 3 13 Sec. 3. NEW SECTION. 702.27 Simulated explosive. 3 14 "Simulated explosive" means a device which is not an 3 15 explosive, but which is expressly represented to be an 3 16 explosive, or a device which is not an explosive but is 3 17 impliedly represented to be an explosive and which by its 3 18 appearance would lead a reasonable person to believe it to be 3 19 an explosive. 3 20 Sec. 4. Section 711.2, Code 2018, is amended to read as 3 21 follows: 3 22 711.2 Robbery in the first degree. 3 23 A person commits robbery in the first degree when, while 3 24 perpetrating a robbery, the person purposely inflicts or 3 25 attempts to inflict serious injury, or is armed with a 3 26 dangerous weapon, simulated firearm, or simulated explosive. 3 27 Robbery in the first degree is a class "B" felony. 3 28 Sec. 5. Section 711.3, Code 2018, is amended to read as 3 29 follows: 3 30 711.3 Robbery in the second degree. 3 31 All robbery which is not robbery in the first degree is 3 32 robbery in the second degree, except as provided in section 3 33 711.3A. Robbery in the second degree is a class "C" felony. 3 34 Sec. 6. Section 901.11, Code 2018, is amended by adding the 3 35 following new subsection: 4 1 NEW SUBSECTION. 2A. At the time of sentencing, the court 4 2 shall determine when a person convicted of robbery in the first 4 3 degree as described in section 902.12, subsection 2A, shall 4 4 first become eligible for parole or work release within the 4 5 parameters specified in section 902.12, subsection 2A, based 4 6 upon all pertinent information including the person's criminal 4 7 record, a validated risk assessment, and the negative impact 4 8 the offense has had on the victim or other persons. 4 9 Sec. 7. Section 902.12, subsection 1, paragraph e, Code 4 10 2018, is amended to read as follows: 4 11 e. Robbery in thefirst orsecond degree in violation of 4 12 section711.2 or711.3, except as determined in subsection 3. 4 13 Sec. 8. Section 902.12, Code 2018, is amended by adding the 4 14 following new subsection: 4 15 NEW SUBSECTION. 2A. a. A person serving a sentence for 4 16 a conviction for robbery in the first degree in violation of 4 17 section 711.2 for a conviction that occurs on or after July 1, 4 18 2018, shall be denied parole or work release until the person 4 19 has served between one=half and seven=tenths of the maximum 4 20 term of the person's sentence as determined under section 4 21 901.11, subsection 2A. 4 22 b. Notwithstanding section 902.12, subsection 1, paragraph 4 23 "e", Code 2018, if a person is serving a sentence for robbery in 4 24 the first degree in violation of section 711.2 for a conviction 4 25 that occurs prior to July 1, 2018, the person shall be denied 4 26 parole or work release until the person has served between 4 27 one=half and seven=tenths of the maximum term of the person's 4 28 sentence as determined by the board of parole based upon the 4 29 person's criminal record, a validated risk assessment, and the 4 30 negative impact the offense has had on the victim or other 4 31 persons. 4 32 Sec. 9. REPEAL. Section 711.3A, Code 2018, is repealed. 4 33 DIVISION III 4 34 PROPERTY CRIMES ==== VALUE 4 35 Sec. 10. Section 712.3, Code 2018, is amended to read as 5 1 follows: 5 2 712.3 Arson in the second degree. 5 3 Arson which is not arson in the first degree is arson in the 5 4 second degree when the property which is the subject of the 5 5 arson is a building or a structure, or real property of any 5 6 kind, or standing crops, or is personal property the value of 5 7 which exceedsfiveseven hundred fifty dollars. Arson in the 5 8 second degree is a class "C" felony. 5 9 Sec. 11. Section 714.2, Code 2018, is amended to read as 5 10 follows: 5 11 714.2 Degrees of theft. 5 12 1. The theft of property exceeding ten thousand dollars in 5 13 value, or the theft of property from the person of another, or 5 14 from a building which has been destroyed or left unoccupied 5 15 because of physical disaster, riot, bombing, or the proximity 5 16 of battle, or the theft of property which has been removed from 5 17 a building because of a physical disaster, riot, bombing, or 5 18 the proximity of battle, is theft in the first degree. Theft 5 19 in the first degree is a class "C" felony. 5 20 2. The theft of property exceeding one thousand five 5 21 hundred dollars but not exceeding ten thousand dollars in value 5 22 or theft of a motor vehicle as defined in chapter 321 not 5 23 exceeding ten thousand dollars in value, is theft in the second 5 24 degree. Theft in the second degree is a class "D" felony. 5 25 However, for purposes of this subsection, "motor vehicle" does 5 26 not include a motorized bicycle as defined in section 321.1, 5 27 subsection 40, paragraph "b". 5 28 3. The theft of property exceedingfiveseven hundred fifty 5 29 dollars but not exceeding one thousand five hundred dollars in 5 30 value, or the theft of any property not exceeding five hundred 5 31 dollars in value by one who has before been twice convicted of 5 32 theft, is theft in the third degree. Theft in the third degree 5 33 is an aggravated misdemeanor. 5 34 4. The theft of property exceedingtwothree hundred dollars 5 35 in value but not exceedingfiveseven hundred fifty dollars 6 1 in value is theft in the fourth degree. Theft in the fourth 6 2 degree is a serious misdemeanor. 6 3 5. The theft of property not exceedingtwothree hundred 6 4 dollars in value is theft in the fifth degree. Theft in the 6 5 fifth degree is a simple misdemeanor. 6 6 Sec. 12. Section 714.3A, subsection 1, Code 2018, is amended 6 7 to read as follows: 6 8 1. A person commits aggravated theft when the person commits 6 9 an assault as defined in section 708.1, subsection 2, paragraph 6 10 "a", that is punishable as a simple misdemeanor under section 6 11 708.2, subsection 6, after the person has removed or attempted 6 12 to remove property not exceedingtwothree hundred dollars in 6 13 value which has not been purchased from a store or mercantile 6 14 establishment, or has concealed such property of the store or 6 15 mercantile establishment, either on the premises or outside the 6 16 premises of the store or mercantile establishment. 6 17 Sec. 13. Section 714.7B, subsection 6, paragraphs a and b, 6 18 Code 2018, are amended to read as follows: 6 19 a. A simple misdemeanor if the value of the goods, wares, or 6 20 merchandise does not exceedtwothree hundred dollars. 6 21 b. A serious misdemeanor if the value of the goods, wares, 6 22 or merchandise exceedstwothree hundred dollars. 6 23 Sec. 14. Section 714.10, subsection 1, Code 2018, is amended 6 24 to read as follows: 6 25 1. Fraudulent practice in the second degree is the 6 26 following: 6 27 a. A fraudulent practice where the amount of money or value 6 28 of property or services involved exceeds one thousand five 6 29 hundred dollars but does not exceed ten thousand dollars. 6 30 b. A fraudulent practice where the amount of money or 6 31 value of property or services involved does not exceed one 6 32 thousand five hundred dollars by one who has been convicted of 6 33 a fraudulent practice twice before. 6 34 Sec. 15. Section 714.11, subsection 1, paragraph a, Code 6 35 2018, is amended to read as follows: 7 1 a. A fraudulent practice where the amount of money or value 7 2 of property or services involved exceedsfiveseven hundred 7 3 fifty dollars but does not exceed one thousand five hundred 7 4 dollars. 7 5 Sec. 16. Section 714.12, Code 2018, is amended to read as 7 6 follows: 7 7 714.12 Fraudulent practice in the fourth degree. 7 8 1. Fraudulent practice in the fourth degree is a fraudulent 7 9 practice where the amount of money or value of property or 7 10 services involved exceedstwothree hundred dollars but does 7 11 not exceedfiveseven hundred fifty dollars. 7 12 2. Fraudulent practice in the fourth degree is a serious 7 13 misdemeanor. 7 14 Sec. 17. Section 714.13, Code 2018, is amended to read as 7 15 follows: 7 16 714.13 Fraudulent practice in the fifth degree. 7 17 1. Fraudulent practice in the fifth degree is a fraudulent 7 18 practice where the amount of money or value of property or 7 19 services involved does not exceedtwothree hundred dollars. 7 20 2. Fraudulent practice in the fifth degree is a simple 7 21 misdemeanor. 7 22 Sec. 18. Section 715A.6, subsection 2, paragraphs b and c, 7 23 Code 2018, are amended to read as follows: 7 24 b. If the value of the property or services secured or 7 25 sought to be secured by means of the credit card is greater 7 26 than one thousand five hundred dollars but not more than ten 7 27 thousand dollars, an offense under this section is a class "D" 7 28 felony. 7 29 c. If the value of the property or services secured 7 30 or sought to be secured by means of the credit card is one 7 31 thousand five hundred dollars or less, an offense under this 7 32 section is an aggravated misdemeanor. 7 33 Sec. 19. Section 715A.8, subsection 3, paragraphs b and c, 7 34 Code 2018, are amended to read as follows: 7 35 b. If the value of the credit, property, services, or other 8 1 benefit exceeds one thousand five hundred dollars but does not 8 2 exceed ten thousand dollars, the person commits a class "D" 8 3 felony. 8 4 c. If the value of the credit, property, services, or other 8 5 benefit does not exceed one thousand five hundred dollars, the 8 6 person commits an aggravated misdemeanor. 8 7 Sec. 20. Section 716.4, subsection 1, Code 2018, is amended 8 8 to read as follows: 8 9 1. Criminal mischief is criminal mischief in the second 8 10 degree if the cost of replacing, repairing, or restoring the 8 11 property that is damaged, defaced, altered, or destroyed 8 12 exceeds one thousand five hundred dollars but does not exceed 8 13 ten thousand dollars. 8 14 Sec. 21. Section 716.5, subsection 1, paragraph a, Code 8 15 2018, is amended to read as follows: 8 16 a. The cost of replacing, repairing, or restoring the 8 17 property that is damaged, defaced, altered, or destroyed 8 18 exceedsfiveseven hundred fifty dollars, but does not exceed 8 19 one thousand five hundred dollars. 8 20 Sec. 22. Section 716.6, subsection 1, paragraph a, 8 21 subparagraph (1), Code 2018, is amended to read as follows: 8 22 (1) The cost of replacing, repairing, or restoring the 8 23 property that is damaged, defaced, altered, or destroyed 8 24 exceedstwothree hundred dollars, but does not exceedfive 8 25seven hundred fifty dollars. 8 26 Sec. 23. Section 716.8, subsections 2 and 4, Code 2018, are 8 27 amended to read as follows: 8 28 2. Any person committing a trespass as defined in section 8 29 716.7, other than a trespass as defined in section 716.7, 8 30 subsection 2, paragraph "a", subparagraph (6), which results in 8 31 injury to any person or damage in an amount more thantwothree 8 32 hundred dollars to anything, animate or inanimate, located 8 33 thereon or therein commits a serious misdemeanor. 8 34 4. A person committing a trespass as defined in section 8 35 716.7 with the intent to commit a hate crime which results in 9 1 injury to any person or damage in an amount more thantwothree 9 2 hundred dollars to anything, animate or inanimate, located 9 3 thereon or therein commits an aggravated misdemeanor. 9 4 Sec. 24. Section 716.10, subsection 2, paragraphs d, e, f, 9 5 and g, Code 2018, are amended to read as follows: 9 6 d. A person commits railroad vandalism in the fourth degree 9 7 if the person intentionally commits railroad vandalism which 9 8 results in property damage which costs ten thousand dollars 9 9 or less but more than one thousand five hundred dollars to 9 10 replace, repair, or restore. Railroad vandalism in the fourth 9 11 degree is a class "D" felony. 9 12 e. A person commits railroad vandalism in the fifth degree 9 13 if the person intentionally commits railroad vandalism which 9 14 results in property damage which costs more thanfiveseven 9 15 hundred fifty dollars but does not exceed one thousand five 9 16 hundred dollars to replace, repair, or restore. Railroad 9 17 vandalism in the fifth degree is an aggravated misdemeanor. 9 18 f. A person commits railroad vandalism in the sixth degree 9 19 if the person intentionally commits railroad vandalism which 9 20 results in property damage which costs more thanonethree 9 21 hundred dollars but does not exceedfiveseven hundred fifty 9 22 dollars to replace, repair, or restore. Railroad vandalism in 9 23 the sixth degree is a serious misdemeanor. 9 24 g. A person commits railroad vandalism in the seventh 9 25 degree if the person intentionally commits railroad vandalism 9 26 which results in property damage which costsonethree hundred 9 27 dollars or less to replace, repair, or restore. Railroad 9 28 vandalism in the seventh degree is a simple misdemeanor. 9 29 Sec. 25. Section 716A.2, subsection 2, paragraph b, Code 9 30 2018, is amended to read as follows: 9 31 b. The revenue generated from a specific unsolicited bulk 9 32 electronic mail transmission exceeds one thousand five hundred 9 33 dollars or the total revenue generated from all unsolicited 9 34 bulk electronic mail transmitted to any electronic mail service 9 35 provider by the person exceeds fifty thousand dollars. 10 1 DIVISION IV 10 2 REVOCATION OF DRIVER'S LICENSE FOR DRUG=RELATED CONVICTIONS 10 3 Sec. 26. Section 124.412, Code 2018, is amended to read as 10 4 follows: 10 5 124.412 Notice of conviction. 10 6 If a person enters a plea of guilty to, or forfeits bail 10 7 or collateral deposited to secure the person's appearance in 10 8 court, and such forfeiture is not vacated, or if a person 10 9 is found guilty upon an indictment or information alleging a 10 10 violation of this chapter, a copy of the minutes attached to 10 11 the indictment returned by the grand jury, or to the county 10 12 attorney's information, a copy of the judgment and sentence, 10 13 and a copy of the opinion of the judge if one is filed, shall 10 14 be sent by the clerk of the district court or the judge to 10 15the state department of transportation and toany state board 10 16 or officer by whom the convicted person has been licensed or 10 17 registered to practice the person's profession or carry on 10 18 the person's business. On the conviction of a person, the 10 19 court may suspend or revoke the license or registration of the 10 20 convicted defendant to practice the defendant's profession 10 21 or carry on the defendant's business. On the application of 10 22 a person whose license or registration has been suspended or 10 23 revoked, and upon proper showing and for good cause, the board 10 24 or officer may reinstate the license or registration. 10 25 Sec. 27. Section 321.212, subsection 1, paragraph d, Code 10 26 2018, is amended by striking the paragraph. 10 27 Sec. 28. Section 321.215, subsection 1, paragraph b, Code 10 28 2018, is amended to read as follows: 10 29 b. However, a temporary restricted license shall not be 10 30 issued to a person whose license is revoked pursuant to a court 10 31 order issuedunder section 901.5, subsection 10, orunder 10 32 section 321.209, subsections 1 through 5 or subsection 7; to a 10 33 juvenile whose license has been suspended or revoked pursuant 10 34 to a dispositional order under section 232.52, subsection 10 35 2, paragraph "a", for a violation of chapter 124 or 453B or 11 1 section 126.3; to a juvenile whose license has been suspended 11 2 under section 321.213B; or to a person whose license has been 11 3 suspended pursuant to a court order under section 714.7D. A 11 4 temporary restricted license may be issued to a person whose 11 5 license is revoked under section 321.209, subsection 6, only 11 6 if the person has no previous drag racing convictions. A 11 7 person holding a temporary restricted license issued by the 11 8 department under this section shall not operate a motor vehicle 11 9 for pleasure. 11 10 Sec. 29. Section 321.215, subsection 2, unnumbered 11 11 paragraph 1, Code 2018, is amended to read as follows: 11 12 Upon conviction and the suspension or revocation of a 11 13 person's noncommercial driver's license under section 321.209, 11 14 subsection 5 or 6, or section 321.210, 321.210A, or 321.513; 11 15or upon revocation pursuant to a court order issued under 11 16 section 901.5, subsection 10;or upon the denial of issuance 11 17 of a noncommercial driver's license under section 321.560, 11 18 based solely on offenses enumerated in section 321.555, 11 19 subsection 1, paragraph "c", or section 321.555, subsection 11 20 2; or upon suspension or revocation of a juvenile's driver's 11 21 license pursuant to a dispositional order under section 232.52, 11 22 subsection 2, paragraph "a", for a violation of chapter 124 11 23 or 453B, or section 126.3; or upon suspension of a driver's 11 24 license pursuant to a court order under section 714.7D, the 11 25 person may apply to the department for a temporary restricted 11 26 license to operate a motor vehicle for the limited purpose or 11 27 purposes specified in subsection 1. The application may be 11 28 granted only if all of the following criteria are satisfied: 11 29 Sec. 30. Section 321.215, subsection 2, paragraph c, Code 11 30 2018, is amended to read as follows: 11 31 c. Proof of financial responsibility is established as 11 32 defined in chapter 321A. However, such proof is not required 11 33 if the driver's license was suspended under section 321.210A 11 34 or 321.513or revoked pursuant to a court order issued under 11 35 section 901.5, subsection 10. 12 1 Sec. 31. Section 321.218, subsection 1, Code 2018, is 12 2 amended to read as follows: 12 3 1. A person whose driver's license or operating privilege 12 4 has been denied, canceled, suspended, or revoked as provided 12 5 in this chapter or as provided in section 252J.8or section 12 6 901.5, subsection 10, and who operates a motor vehicle upon 12 7 the highways of this state while the license or privilege 12 8 is denied, canceled, suspended, or revoked, commits a 12 9 simple misdemeanor. In addition to any other penalties, the 12 10 punishment imposed for a violation of this subsection shall 12 11 include assessment of a fine of not less than two hundred fifty 12 12 dollars nor more than one thousand five hundred dollars. 12 13 Sec. 32. Section 321A.17, subsection 4, Code 2018, is 12 14 amended to read as follows: 12 15 4. An individual applying for a driver's license following a 12 16 period of suspension or revocation pursuant to a dispositional 12 17 order issued under section 232.52, subsection 2, paragraph 12 18 "a", or under section 321.180B, section 321.210, subsection 12 19 1, paragraph "a", subparagraph (4), or section 321.210A, 12 20 321.213A, 321.213B, 321.216B, or 321.513, following a period 12 21 of suspension or revocation under section 321.178 or 321.194, 12 22 or following a period of revocation pursuant to a court order 12 23 issuedunder section 901.5, subsection 10, orunder section 12 24 321J.2A, is not required to maintain proof of financial 12 25 responsibility under this section. 12 26 Sec. 33. Section 901.5, subsection 10, Code 2018, is amended 12 27 by striking the subsection. 12 28 Sec. 34. REINSTATEMENT OF DRIVER'S LICENSE. A defendant's 12 29 driver's license suspended or revoked pursuant to section 12 30 901.5, subsection 10, prior to the effective date of this Act, 12 31 shall be reinstated, if the defendant is otherwise eligible for 12 32 a driver's license. 12 33 Sec. 35. CONTINGENT EFFECTIVE DATE. This division of this 12 34 Act takes effect on the date the governor submits to the United 12 35 States secretary of transportation a written certification 13 1 that the governor is opposed to the enforcement in this state 13 2 of a law described in 23 U.S.C. {159(a)(3)(A) and a written 13 3 certification that the general assembly has adopted a joint 13 4 resolution expressing its opposition to the same, in accordance 13 5 with 23 U.S.C. {159(a)(3)(B). The office of the governor shall 13 6 notify the Code editor upon submission of the certifications 13 7 described in this section. 13 8 DIVISION V 13 9 THEFT, FRAUD, AND FORGERY REVISIONS 13 10 Sec. 36. NEW SECTION. 714.2A Consolidation of theft 13 11 offenses. 13 12 For purposes of charging a person with theft, any conduct 13 13 specified as theft in section 714.1, subsections 1 through 10, 13 14 constitutes a single offense of theft embracing the separated 13 15 offenses of theft known as taking, misappropriation, theft by 13 16 deception, possession or receipt of stolen property, fraudulent 13 17 conversion, check fraud, theft from a public utility, unlawful 13 18 access to a computer, theft of video rental property, and other 13 19 similar offenses related to theft. An accusation of theft may 13 20 be supported by evidence that it was committed in any manner 13 21 that would be theft under sections 714.1, subsections 1 through 13 22 10, notwithstanding the specification of a different manner 13 23 in the complaint, indictment, or information, subject only 13 24 to the power of the court to ensure a fair trial by granting 13 25 a continuance or other appropriate relief where the conduct 13 26 of the defense would be prejudiced by lack of fair notice or 13 27 surprise. 13 28 Sec. 37. Section 715A.2, subsection 2, paragraph a, Code 13 29 2018, is amended by adding the following new subparagraph: 13 30 NEW SUBPARAGRAPH. (5) A document issued by a department, 13 31 agency, board, or commission in this state used as evidence of 13 32 authorized stay or employment in the United States. 13 33 Sec. 38. Section 715A.2A, subsection 1, paragraphs a and b, 13 34 Code 2018, are amended to read as follows: 13 35 a. Hires a person when the employer or an agent or employee 14 1 of the employer knows that the document evidencing the person's 14 2 authorized stay or employment in the United States is in 14 3 violation of section 715A.2, subsection 2, paragraph "a", 14 4 subparagraph (4) or (5), or knows that the person is not 14 5 authorized to be employed in the United States. 14 6 b. Continues to employ a person when the employer or an 14 7 agent or employee of the employer knows that the document 14 8 evidencing the person's authorized stay or employment in the 14 9 United States is in violation of section 715A.2, subsection 2, 14 10 paragraph "a", subparagraph (4) or (5), or knows that the person 14 11 is not authorized to be employed in the United States. 14 12 Sec. 39. Section 802.5, Code 2018, is amended to read as 14 13 follows: 14 14 802.5 Extension for fraud, fiduciary breach. 14 15 1. If the periods prescribed in sections 802.3 and 802.4 14 16 have expired, prosecution may nevertheless be commenced for 14 17 any offense a material element of which is either fraud or a 14 18 breach of fiduciary obligation within one year after actual 14 19 discovery of the offense and the offender's involvement in the 14 20 offense by an aggrieved party or by a person who has legal duty 14 21 to represent an aggrieved party and who is not a party to the 14 22 offense, but in no case shall this provision extend the period 14 23 of limitation otherwise applicable by more thanthreefive 14 24 years. 14 25 2. A prosecution may be commenced under this section as 14 26 long as the appropriate law enforcement agency has not delayed 14 27 the investigation in bad faith. This subsection shall not be 14 28 construed to require a law enforcement agency to pursue an 14 29 unknown offender with due diligence. 14 30 DIVISION VI 14 31 CRIMINAL PROCEEDINGS 14 32 Sec. 40. NEW SECTION. 701.12 Reference to victim in 14 33 criminal proceeding. 14 34 In a criminal prosecution, the prosecuting attorney or 14 35 a witness may refer to a person using the term "victim" 15 1 during any criminal proceeding including at trial, if there 15 2 is sufficient evidence to support a finding that the person 15 3 referred to as the victim meets the definition of a victim in 15 4 section 915.10. A conviction shall not be reversed on appeal 15 5 based upon a reference or references to a person as a victim 15 6 during a criminal proceeding, if there is sufficient evidence 15 7 in the record to support a finding that the person meets the 15 8 definition of victim in section 915.10. 15 9 Sec. 41. Section 814.6, subsection 1, paragraph a, Code 15 10 2018, is amended to read as follows: 15 11 a. A final judgment of sentence, except incase ofthe 15 12 following cases: 15 13 (1) A simple misdemeanorand ordinance violation 15 14 convictionsconviction. 15 15 (2) An ordinance violation. 15 16 (3) A conviction where the defendant has pled guilty. This 15 17 subparagraph does not apply to a guilty plea for a class "A" 15 18 felony. 15 19 Sec. 42. Section 814.6, subsection 2, Code 2018, is amended 15 20 by adding the following new paragraph: 15 21 NEW PARAGRAPH. f. An order denying a motion in arrest of 15 22 judgment on grounds other than an ineffective assistance of 15 23 counsel claim. 15 24 Sec. 43. Section 814.7, Code 2018, is amended to read as 15 25 follows: 15 26 814.7 Ineffective assistance claim on appeal in a criminal 15 27 case. 15 281.An ineffective assistance of counsel claim in a 15 29 criminal case shall be determined by filing an application 15 30 for postconviction relief pursuant to chapter 822, except as 15 31 otherwise provided in this section. The claim need not be 15 32 raised on direct appeal from the criminal proceedings in order 15 33 to preserve the claim for postconviction relief purposes, 15 34 and the claim shall not be decided on direct appeal from the 15 35 criminal proceedings. 16 12. A party may, but is not required to, raise an ineffective 16 2 assistance claim on direct appeal from the criminal proceedings 16 3 if the party has reasonable grounds to believe that the record 16 4 is adequate to address the claim on direct appeal.16 53. If an ineffective assistance of counsel claim is raised 16 6 on direct appeal from the criminal proceedings, the court may 16 7 decide the record is adequate to decide the claim or may choose 16 8 to preserve the claim for determination under chapter 822.16 9 Sec. 44. NEW SECTION. 814.28 General verdicts. 16 10 When the prosecution relies on multiple or alternative 16 11 theories to prove the commission of a public offense, a jury 16 12 may return a general verdict. If the jury returns a general 16 13 verdict, an appellate court shall not set aside or reverse such 16 14 a verdict on the basis of a defective or insufficient theory 16 15 if one or more of the theories presented and described in the 16 16 complaint, information, or indictment is sufficient to sustain 16 17 the verdict on at least one count. 16 18 Sec. 45. NEW SECTION. 814.29 Guilty pleas ==== challenges. 16 19 If a defendant challenges a guilty plea based on an alleged 16 20 defect in the plea proceedings, the plea shall not be vacated 16 21 unless the defendant demonstrates that the defendant more 16 22 likely than not would not have pled guilty if the defect had 16 23 not occurred. The burden applies whether the challenge is 16 24 made through a motion in arrest of judgment or on appeal. Any 16 25 provision in the Iowa rules of criminal procedure that are 16 26 inconsistent with this section shall have no legal effect. 16 27 Sec. 46. Section 822.6, unnumbered paragraph 1, Code 2018, 16 28 is amended to read as follows: 16 29 Within thirty days after the docketing of the application, 16 30 or within any further time the court may fix, the state shall 16 31 respond by answer or by motion which may be supported by 16 32 affidavits. At any time prior to entry of judgment the court 16 33 may grant leave to withdraw the application. The court may 16 34 make appropriate orders for amendment of the application or 16 35 any pleading or motion, for pleading over, for filing further 17 1 pleadings or motions, or for extending the time of the filing 17 2 of any pleading. In considering the application the court 17 3 shall take account of substance regardless of defects of form. 17 4If the application is not accompanied by the record of the 17 5 proceedings challenged therein, the respondent shall file with 17 6 its answer the record or portions thereof that are material to 17 7 the questions raised in the application.17 8 Sec. 47. NEW SECTION. 822.10A Underlying criminal offense. 17 9 The court file containing the conviction for which an 17 10 applicant seeks postconviction relief shall be part of the 17 11 record in any action under this chapter. Upon the filing 17 12 of an application for postconviction relief pursuant to 17 13 section 822.3, the clerk of the district court shall make the 17 14 underlying criminal file records accessible to the applicant, 17 15 county attorney, and attorney general. If the criminal file 17 16 records are not available in electronic format, the clerk of 17 17 the district court shall convert the records to an electronic 17 18 format and make the records available to the applicant, county 17 19 attorney, and attorney general. 17 20 DIVISION VII 17 21 STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND 17 22 INVESTIGATIONS 17 23 Sec. 48. Section 331.802, subsection 5, Code 2018, is 17 24 amended by adding the following new paragraphs: 17 25 NEW PARAGRAPH. c. In formulating findings and conclusions 17 26 regarding the cause and manner of death, the state medical 17 27 examiner or county medical examiner shall be allowed to rely 17 28 upon and include in the report referred to in subsection 2, 17 29 paragraph "a", any information provided by the county attorney 17 30 or law enforcement agency to the medical examiner making the 17 31 autopsy. 17 32 NEW PARAGRAPH. d. The state medical examiner or county 17 33 medical examiner may rely upon and consider statements by 17 34 witnesses or other persons for purposes of developing a 17 35 clinical history of the decedent that preceded death when 18 1 formulating findings and conclusions on the cause and manner of 18 2 death. A court shall not exclude a medical examiner's opinion 18 3 as to the cause of death on the basis that the medical examiner 18 4 relied on out=of=court statements in forming that opinion, and 18 5 such an opinion shall not constitute reversible error. 18 6 Sec. 49. Section 331.802, subsection 6, Code 2018, is 18 7 amended to read as follows: 18 8 6. a. The report of an investigation made by the state 18 9 medical examiner or a county medical examiner and the record 18 10 and report of an autopsy made under this section or chapter 18 11 691, shall be received as evidence in any court or other 18 12 proceedings,except that statements by witnesses or other 18 13 persons and conclusions on extraneous matters included in the 18 14 report are not admissibleincluding any findings of the state 18 15 medical examiner or county medical examiner and any information 18 16 provided by a prosecuting attorney or law enforcement agency, 18 17 if the information is admissible under the Iowa rules of 18 18 evidence or have otherwise been substantially admitted into 18 19 evidence. The person preparing a report or record given 18 20 in evidence may be subpoenaed as a witness in any civil or 18 21 criminal case by any party to the cause. A copy of a record, 18 22 photograph, laboratory finding, or record in the office of the 18 23 state medical examiner or any medical examiner, when attested 18 24 to by the state medical examiner or a staff member or the 18 25 medical examiner in whose office the record, photograph, or 18 26 finding is filed, shall be received as evidence in any court 18 27 or other proceedings for any purpose for which the original 18 28 could be received without proof of the official character of 18 29 the person whose name is signed to it. 18 30 b. The state medical examiner and county medical examiner 18 31 may rely upon and consider statements by witnesses or other 18 32 persons for purposes of developing a clinical history of the 18 33 decedent that preceded death when formulating findings and 18 34 conclusions on the cause and manner of death. 18 35 Sec. 50. NEW SECTION. 691.5A Investigations. 19 1 In lieu of conducting an investigation pursuant to this 19 2 chapter, the state medical examiner may rely exclusively upon 19 3 the findings of the county medical examiner, county attorney, 19 4 or a law enforcement agency. 19 5 DIVISION VIII 19 6 CRIMINAL PENALTIES 19 7 Sec. 51. Section 124.401, subsection 5, Code 2018, is 19 8 amended to read as follows: 19 9 5. a. (1) It is unlawful for any person knowingly or 19 10 intentionally to possess a controlled substance unless such 19 11 substance was obtained directly from, or pursuant to, a valid 19 12 prescription or order of a practitioner while acting in the 19 13 course of the practitioner's professional practice, or except 19 14 as otherwise authorized by this chapter. Any person who 19 15 violates this subsection is guilty of a serious misdemeanor 19 16 for a first offense. A person who commits a violation of 19 17 this subsection and who has previously been convicted of 19 18 violating this chapter or chapter 124B or 453B, or chapter 19 19 124A as it existed prior to July 1, 2017, is guilty of an 19 20 aggravated misdemeanor. A person who commits a violation of 19 21 this subsection and has previously been convicted two or more 19 22 times of violating this chapter or chapter 124B or 453B, or 19 23 chapter 124A as it existed prior to July 1, 2017, is guilty of a 19 24 class "D" felony. 19 25 (2) If the controlled substance is marijuana, the 19 26 punishment shall be by imprisonment in the county jail for 19 27 not more than six months or by a fine of not more than one 19 28 thousand dollars, or by both such fine and imprisonment for a 19 29 first offense. If the controlled substance is marijuana and 19 30 the person has been previously convicted of a violation of this 19 31 subsection in which the controlled substance was marijuana, the 19 32 punishment shall be as provided in section 903.1, subsection 19 33 1, paragraph "b". If the controlled substance is marijuana 19 34 and the person has been previously convicted two or more times 19 35 of a violation of this subsection in which the controlled 20 1 substance was marijuana, the person is guilty of an aggravated 20 2 misdemeanor. 20 3 (3) Convictions or the equivalent of deferred judgments for 20 4 violations in any other states under statutes substantially 20 5 corresponding to this paragraph "a" shall be counted as previous 20 6 offenses. The courts shall judicially notice the statutes of 20 7 other states which define offenses substantially equivalent to 20 8 the offenses defined in this paragraph "a" and can therefore 20 9 be considered corresponding statutes. Each previous violation 20 10 on which conviction or deferral of judgment was entered prior 20 11 to the date of the violation charged shall be considered and 20 12 counted as a separate previous offense. 20 13 c. All or any part of a sentence imposed pursuant to 20 14 this subsection may be suspended and the person placed upon 20 15 probation upon such terms and conditions as the court may 20 16 impose including the active participation by such person in a 20 17 drug treatment, rehabilitation or education program approved 20 18 by the court. 20 19 d. If a person commits a violation of this subsection, the 20 20 court shall order the person to serve a term of imprisonment of 20 21 not less than forty=eight hours. Any sentence imposed may be 20 22 suspended, and the court shall place the person on probation 20 23 upon such terms and conditions as the court may impose. If 20 24 the person is not sentenced to confinement under the custody 20 25 of the director of the department of corrections, the terms 20 26 and conditions of probation shall require submission to random 20 27 drug testing. If the person fails a drug test, the court may 20 28 transfer the person's placement to any appropriate placement 20 29 permissible under the court order. 20 30 e. If the controlled substance is amphetamine, its salts, 20 31 isomers, or salts of its isomers, or methamphetamine, its 20 32 salts, isomers, or salts of its isomers, the court shall order 20 33 the person to serve a term of imprisonment of not less than 20 34 forty=eight hours. Any sentence imposed may be suspended, 20 35 and the court shall place the person on probation upon such 21 1 terms and conditions as the court may impose. The court may 21 2 place the person on intensive probation. However, the terms 21 3 and conditions of probation shall require submission to random 21 4 drug testing. If the person fails a drug test, the court may 21 5 transfer the person's placement to any appropriate placement 21 6 permissible under the court order. 21 7 Sec. 52. Section 707.6A, subsection 2, Code 2018, is amended 21 8 by adding the following new paragraph: 21 9 NEW PARAGRAPH. c. Exceeding the speed limit by twenty=five 21 10 miles per hour or more, in violation of section 321.285, 21 11 321.290, 321.293, or 321.295, if the death of the other person 21 12 directly or indirectly results from the violation of section 21 13 321.285, 321.290, 321.293, or 321.295. 21 14 Sec. 53. Section 901.11, Code 2018, is amended by adding the 21 15 following new subsection: 21 16 NEW SUBSECTION. 4. At the time of sentencing, the court 21 17 shall determine when a person convicted of arson in the first 21 18 degree as described in section 902.12, subsection 4, shall 21 19 first become eligible for parole or work release within the 21 20 parameters specified in section 902.12, subsection 3, based 21 21 upon all pertinent information including the person's criminal 21 22 record, a validated risk assessment, and the negative impact 21 23 the offense has had on the victim or other persons. 21 24 Sec. 54. Section 902.12, Code 2018, is amended by adding the 21 25 following new subsection: 21 26 NEW SUBSECTION. 4. A person serving a sentence for a 21 27 conviction for arson in the first degree in violation of 21 28 section 712.2 that occurs on or after July 1, 2018, shall 21 29 be denied parole or work release until the person has served 21 30 between one=half and seven=tenths of the maximum term of 21 31 the person's sentence as determined under section 901.11, 21 32 subsection 4. 21 33 EXPLANATION 21 34 The inclusion of this explanation does not constitute agreement with 21 35 the explanation's substance by the members of the general assembly. 22 1 This bill modifies criminal code provisions relating to 22 2 criminal records, penalties, prosecutions, appeals, driving 22 3 privileges, and postconviction relief, and including effective 22 4 date provisions. 22 5 DIVISION I ==== EXPUNGEMENT. This division relates to the 22 6 expungement of records of certain misdemeanor offenses. 22 7 The term "expunged" means the court's criminal record with 22 8 reference to a deferred judgment or any other criminal record 22 9 has been segregated in a secure area or database which is 22 10 exempted from public access. 22 11 A person shall not receive an expungement pursuant to the 22 12 bill unless all court costs, fees, fines, and restitution and 22 13 other financial obligations ordered by the court or assessed by 22 14 the clerk of the district court have been paid. 22 15 The division provides that upon the application of a 22 16 defendant convicted of a misdemeanor, the court shall enter 22 17 an order expunging the record of such criminal case, as a 22 18 matter of law, if the defendant has established that more than 22 19 eight years have passed since the date of the conviction, 22 20 the defendant is not the subject of a protective order or 22 21 a no=contact order, the defendant has no pending criminal 22 22 charges, the defendant has not been subsequently convicted of 22 23 or granted a deferred judgment for a criminal offense, other 22 24 than a simple misdemeanor conviction under Code chapter 321 or 22 25 of a similar local ordinance, and all court costs, fees, fines, 22 26 and restitution and other financial obligations ordered by the 22 27 court or assessed by the clerk of the district court have been 22 28 paid. 22 29 The division does not apply to the following misdemeanor 22 30 offenses: simple misdemeanor convictions under Code sections 22 31 123.46 (consumption or intoxication in public place) and 22 32 123.47(3) (alcohol consumption by persons under legal 22 33 age), because expungement procedures already exist for both 22 34 offenses; convictions for dependent adult abuse under Code 22 35 section 235B.20; convictions relating to operating a motor 23 1 vehicle with an invalid driver's license under Code section 23 2 321.218, 321A.32, or 321J.21; convictions for operating while 23 3 intoxicated under Code section 321J.2; convictions of a sex 23 4 offense as defined in Code section 692A.101; convictions for 23 5 involuntary manslaughter under Code section 707.5; convictions 23 6 for assault involving a dangerous weapon under Code section 23 7 708.2(3); convictions for domestic abuse assault under Code 23 8 section 708.2A; convictions for harassment under Code section 23 9 708.7; convictions for stalking under Code section 708.11; 23 10 convictions for removal of an officer's communication or 23 11 control device under Code section 708.12; convictions for 23 12 trespass under Code section 716.8(3) or (4); convictions under 23 13 Code chapter 717C (bestiality); convictions under Code chapter 23 14 719 (obstructing justice); convictions under Code chapter 720 23 15 (interference with judicial process); convictions under Code 23 16 section 721.2 (nonfelonious conduct in office); convictions 23 17 under Code section 721.10 (misuse of public records and files); 23 18 convictions under Code section 723.1 (riot); convictions under 23 19 Code chapter 724 (weapons); convictions under Code chapter 726 23 20 (protections of the family and dependent persons); convictions 23 21 under Code chapter 728 (obscenity); convictions under Code 23 22 chapter 901A (sexually predatory offenses); a conviction for 23 23 a comparable offense listed in 49 C.F.R. {383.51(b) (table 23 24 1), and 49 C.F.R. {383.51(e) (table 4) (commercial driver's 23 25 licenses); and any conviction under prior law of an offense 23 26 comparable to an offense enumerated in the bill. 23 27 The division prohibits a person from applying more than once 23 28 for an expungement of the person's record. However, the one 23 29 application may request the expungement of records relating 23 30 to more than one misdemeanor offense if the misdemeanor 23 31 offenses arose from the same transaction or occurrence, and the 23 32 application contains the misdemeanor offenses to be expunged. 23 33 The division provides that the expunged record under the 23 34 bill is a confidential record exempt from public access under 23 35 Code section 22.7 but shall be made available by the clerk of 24 1 the district court upon court order. 24 2 The division also provides that after receipt of notice from 24 3 the clerk of the district court that a record of conviction has 24 4 been expunged, the record of conviction shall be removed from 24 5 the criminal history data files maintained by the department of 24 6 public safety if such a record was maintained in the criminal 24 7 history data files. 24 8 The division provides that the supreme court may prescribe 24 9 rules governing expungement procedures applicable to criminal 24 10 cases pursuant to the division. 24 11 The division applies to misdemeanor convictions that occur 24 12 prior to, on, or after July 1, 2018. 24 13 DIVISION II ==== ROBBERY. This division modifies the criminal 24 14 offense of robbery in the first degree to include circumstances 24 15 when a person commits a robbery with a simulated firearm or 24 16 simulated explosive. Currently, a person commits robbery in 24 17 the first degree when the person purposely inflicts or attempts 24 18 to inflict serious injury, or is armed with a dangerous weapon. 24 19 Robbery in the first degree is a class "B" felony. A person 24 20 convicted of a class "B" felony shall also be denied parole or 24 21 work release until the person has served at least 70 percent of 24 22 the sentence pursuant to Code section 902.12. 24 23 The division defines "simulated firearm" to mean a device 24 24 which is not a firearm, but which is expressly represented to 24 25 be a firearm, or an object which is not a firearm but which 24 26 is impliedly represented to be a firearm and which under the 24 27 circumstances would lead a reasonable person to believe it to 24 28 be a firearm. 24 29 Under the division, a simulated explosive means a device 24 30 which is not an explosive, but which is expressly represented 24 31 to be an explosive, or a device which is not an explosive but 24 32 which is impliedly represented to be an explosive and which by 24 33 its appearance would lead a reasonable person to believe it to 24 34 be an explosive. 24 35 The division provides that a person serving a sentence for 25 1 a conviction for robbery in the first degree for a conviction 25 2 that occurs on or after July 1, 2018, shall serve between 50 25 3 and 70 percent of a 25=year class "B" felony sentence prior 25 4 to being eligible for parole or work release. In determining 25 5 when the person is first eligible for parole or work release 25 6 within such parameters, the sentencing court shall base its 25 7 determination upon all pertinent information including the 25 8 person's criminal record, a validated risk assessment, and 25 9 the negative impact the offense has had on the victim or 25 10 other persons. The division provides that a person serving 25 11 a sentence for a conviction of robbery in the first degree 25 12 for a conviction that occurs prior to July 1, 2018, shall 25 13 be denied parole or work release until the person has served 25 14 between one=half and seven=tenths of the maximum term of the 25 15 person's sentence as determined by the board of parole based 25 16 upon the person's criminal record, a validated risk assessment, 25 17 and the negative impact the offense has had on the victim or 25 18 other persons. Under current law, such a person sentenced to 25 19 confinement is required to serve at least 70 percent of the 25 20 25=year maximum class "B" felony sentence prior to becoming 25 21 eligible for parole or work release. 25 22 The division does not modify the earned time provisions 25 23 related to the commission of robbery in the first degree, as a 25 24 person who commits robbery in the first degree is eligible for 25 25 a reduction of sentence equal to fifteen eighty=fifths of a day 25 26 for each day of good conduct by the person under Code section 25 27 903A.2. 25 28 Under current law and the division, felonious robbery is 25 29 also classified as a "forcible felony" under Code section 25 30 702.11, and a person convicted of felonious robbery is 25 31 prohibited from receiving a suspended or deferred sentence or 25 32 deferred judgment pursuant to Code section 907.3. 25 33 The division repeals the offense of robbery in the third 25 34 degree, an aggravated misdemeanor. A person commits robbery 25 35 in the third degree when, while perpetrating a robbery, the 26 1 person commits a simple misdemeanor assault in violation of 26 2 Code section 708.2(6). 26 3 DIVISION III ==== PROPERTY CRIMES ==== VALUE. This division 26 4 increases the value of damaged or stolen property or services 26 5 necessary to commit certain levels of numerous criminal 26 6 offenses. 26 7 THEFT. The division increases the value of property 26 8 necessary for a person to commit theft in the second degree 26 9 from property exceeding $1,000 but not more than $10,000 to 26 10 property exceeding $1,500 but not more than $10,000. Theft in 26 11 the second degree is a class "D" felony. 26 12 The division increases the value of property necessary for 26 13 a person to commit theft in the third degree from property 26 14 exceeding $500 but not more than $1,000 to property exceeding 26 15 $750 but not more than $1,500. Theft in the third degree is an 26 16 aggravated misdemeanor. 26 17 The division increases the value of property necessary for 26 18 a person to commit theft in the fourth degree from property 26 19 exceeding $200 but not more than $500 to property exceeding 26 20 $300 but not more than $750. Theft in the fourth degree is a 26 21 serious misdemeanor. 26 22 The division increases the value of property necessary for a 26 23 person to commit theft in the fifth degree from property not 26 24 exceeding $200 to property not exceeding $300. Theft in the 26 25 fifth degree is a simple misdemeanor. 26 26 AGGRAVATED THEFT. The division increases the value of 26 27 property necessary for a person to commit aggravated theft from 26 28 property not exceeding $200 to property not exceeding $300. 26 29 Aggravated theft is an aggravated misdemeanor or a class "D" 26 30 felony depending upon the circumstances of the crime. Under 26 31 current law, a person commits aggravated theft when the person 26 32 commits a simple assault after the person has removed or 26 33 attempted to remove property not exceeding $200. 26 34 THEFT DETECTION DEVICES ==== SHIELD OR REMOVAL. The division 26 35 increases the value of property necessary for a person to 27 1 commit a serious misdemeanor for removal of a theft detection 27 2 device from property exceeding $200 in value to property 27 3 exceeding $300 in value. The division increases the value of 27 4 property necessary for a person to commit a simple misdemeanor 27 5 for removal of a theft detection device from property not 27 6 exceeding $200 in value to property not exceeding $300 in 27 7 value. 27 8 FRAUDULENT PRACTICE. Fraudulent practice is defined in Code 27 9 section 714.8. The division increases the value of property or 27 10 services necessary for a person to commit fraudulent practice 27 11 in the second degree from property or services exceeding $1,000 27 12 but not more than $10,000 to property exceeding $1,500 but not 27 13 more than $10,000. Fraudulent practice in the second degree 27 14 is a class "D" felony. 27 15 The division increases the value of property or services 27 16 necessary for a person to commit fraudulent practice in the 27 17 third degree from property or services exceeding $500 but not 27 18 more than $1,000 to property or services exceeding $750 but not 27 19 more than $1,500. Fraudulent practice in the third degree is 27 20 an aggravated misdemeanor. 27 21 The division increases the value of property or services 27 22 necessary for a person to commit fraudulent practice in the 27 23 fourth degree from property or services exceeding $200 but not 27 24 more than $500 to property or services exceeding $300 but not 27 25 more than $750. Fraudulent practice in the fourth degree is 27 26 a serious misdemeanor. 27 27 The division increases the value of property or services 27 28 necessary for a person to commit fraudulent practice in the 27 29 fifth degree from property or services not exceeding $200 to 27 30 property or services not exceeding $300. Fraudulent practice 27 31 in the fifth degree is a simple misdemeanor. 27 32 CREDIT CARDS. Under current law, a person commits the class 27 33 "D" felony offense of credit card fraud when a person illegally 27 34 secures or seeks to secure property or services by means of 27 35 a credit card and the value of the property or services is 28 1 greater than $1,000 but not more than $10,000. The division 28 2 increases the minimum value of property or services necessary 28 3 for a person to commit such a class "D" felony offense from 28 4 $1,000 to $1,500. 28 5 Under current law, a person commits the aggravated 28 6 misdemeanor offense of credit card fraud when a person 28 7 illegally secures or seeks to secure property or services 28 8 by means of a credit card and the value of the property or 28 9 services is $1,000 or less. The division increases the maximum 28 10 value of property or services necessary for a person to commit 28 11 such an aggravated misdemeanor offense from $1,000 to $1,500. 28 12 IDENTITY THEFT. Under current law, a person commits 28 13 the class "D" felony offense of identity theft when a 28 14 person fraudulently uses or fraudulently attempts to use 28 15 identification information of another person, with the intent 28 16 to obtain credit, property, services, or other benefit, and 28 17 the value of the credit, property, services, or other benefit 28 18 exceeds $1,000 but does not exceed $10,000. The division 28 19 increases the minimum value necessary for a person to commit 28 20 such a class "D" felony offense from $1,000 to $1,500. 28 21 Under current law, a person commits the aggravated 28 22 misdemeanor offense of identity theft when a person 28 23 fraudulently uses or fraudulently attempts to use 28 24 identification information of another person, with the intent 28 25 to obtain credit, property, or services, or other benefit, and 28 26 the value of the credit, property, services, or other benefit 28 27 exceeds $1,000 but does not exceed $10,000. The division 28 28 increases the minimum value necessary for a person to commit 28 29 such an aggravated misdemeanor offense from $1,000 to $1,500. 28 30 CRIMINAL MISCHIEF. The division increases the value of 28 31 damaged property that is necessary to commit criminal mischief 28 32 in the second degree from damaged property exceeding $1,000 but 28 33 not more than $10,000 to damaged property exceeding $1,500 but 28 34 not more than $10,000. Criminal mischief in the second degree 28 35 is a class "D" felony. 29 1 The division increases the value of damaged property 29 2 that is necessary to commit criminal mischief in the third 29 3 degree from damaged property exceeding $500 but not more than 29 4 $1,000 to damaged property exceeding $750 but not more than 29 5 $1,500. Criminal mischief in the third degree is an aggravated 29 6 misdemeanor. 29 7 The division increases the value of damaged property 29 8 that is necessary to commit criminal mischief in the fourth 29 9 degree from damaged property exceeding $200 but not more than 29 10 $500 to damaged property exceeding $300 but not more than 29 11 $750. Criminal mischief in the fourth degree is a serious 29 12 misdemeanor. 29 13 The division increases the value of damaged property that 29 14 is necessary to commit criminal mischief in the fifth degree 29 15 from damaged property not exceeding $200 to damaged property 29 16 not exceeding $300. Criminal mischief in the fifth degree is a 29 17 simple misdemeanor. 29 18 TRESPASS. The division increases the value of damaged 29 19 property that is necessary to commit a serious misdemeanor 29 20 trespass offense from damaged property of more than $200 to 29 21 damaged property of more than $300. 29 22 The division increases the value of damaged property that is 29 23 necessary to commit an aggravated misdemeanor trespass offense 29 24 involving a hate crime from damaged property of more than $200 29 25 to damaged property of more than $300. 29 26 RAILROAD VANDALISM. The division increases the value of 29 27 damaged property that is necessary to commit railroad vandalism 29 28 in the fourth degree from damaged property exceeding $1,000 but 29 29 not more than $10,000 to damaged property exceeding $1,500 but 29 30 not more than $10,000. Railroad vandalism in the fourth degree 29 31 is a class "D" felony. 29 32 The division increases the value of damaged property that 29 33 is necessary to commit railroad vandalism in the fifth degree 29 34 from damaged property exceeding $500 but not more than $1,000 29 35 to damaged property exceeding $750 but not more than $1,500. 30 1 Railroad vandalism in the fifth degree is an aggravated 30 2 misdemeanor. 30 3 The division increases the value of damaged property 30 4 that is necessary to commit railroad vandalism in the sixth 30 5 degree from damaged property exceeding $200 but not more than 30 6 $500 to damaged property exceeding $300 but not more than 30 7 $750. Railroad vandalism in the sixth degree is a serious 30 8 misdemeanor. 30 9 The division increases the value of damaged property that is 30 10 necessary to commit railroad vandalism in the seventh degree 30 11 from damaged property not exceeding $200 to damaged property 30 12 not exceeding $300. Railroad vandalism in the seventh degree 30 13 is a simple misdemeanor. 30 14 TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL). 30 15 Under current law, a person commits the class "D" felony 30 16 offense of transmission of unsolicited bulk email when the 30 17 revenue generated from such a transmissions exceeds $1,000. 30 18 The division increases the minimum value necessary for a 30 19 person to commit such a class "D" felony offense from $1,000 30 20 to $1,500. 30 21 DIVISION IV ==== REVOCATION OF DRIVER'S LICENSE FOR 30 22 DRUG=RELATED CONVICTIONS. Current law requires a court to 30 23 order the department of transportation (DOT) to revoke a 30 24 defendant's driver's license for 180 days if a defendant 30 25 is sentenced for a controlled substance offense under Code 30 26 section 124.401 (manufacturers, possessors, and counterfeit 30 27 substances), 124.401A (enhanced penalty for manufacture or 30 28 distribution on certain property), 124.402 (distributors, 30 29 registrants, and proprietors), or 124.403 (distribution, use, 30 30 possession, records, and information), a drug or drug=related 30 31 offense under Code section 126.3 (prohibited acts related to 30 32 drugs, devices, and cosmetics), or a controlled substance tax 30 33 offense under Code chapter 453B. Current law also requires a 30 34 court to send a copy of the order and a notice of the conviction 30 35 to the DOT. The division strikes Code section 901.5(10) 31 1 revoking a defendant's driver's license for 180 days if the 31 2 defendant is sentenced for a controlled substance offense for 31 3 an offense under Code section 124.401, 124.401A, 124.402, or 31 4 124.403. 31 5 The division makes conforming Code changes to Code sections 31 6 124.412, 321.212, 321.215, 321.218, and 321A.17. 31 7 The division provides that a defendant's driver's license 31 8 suspended or revoked pursuant to Code section 901.5(10) prior 31 9 to the effective date of the division shall be reinstated if 31 10 the defendant is otherwise eligible for a driver's license. 31 11 The division provides a contingent effective date specifying 31 12 that the division takes effect on the date the governor submits 31 13 to the United States secretary of transportation a written 31 14 certification that the governor is opposed to the enforcement 31 15 in Iowa of a law described in 23 U.S.C. {159(a)(3)(A) and a 31 16 written certification that the general assembly has adopted 31 17 a joint resolution expressing its opposition to the same, in 31 18 accordance with 23 U.S.C. {159(a)(3)(B). The division requires 31 19 the office of the governor to notify the Code editor upon 31 20 submission of the certifications. 31 21 DIVISION V ==== THEFT, FRAUD, AND FORGERY REVISIONS. 31 22 THEFT OFFENSES ==== CONSOLIDATION. The division creates new 31 23 Code section 714.2A relating to the consolidation of theft 31 24 offenses. The division provides that for purposes of charging 31 25 a person with theft, any conduct specified as theft in Code 31 26 section 714.1(1) through (10), constitutes a single offense 31 27 of theft embracing the separated offenses of theft known as 31 28 taking, misappropriation, theft by deception, possession or 31 29 receipt of stolen property, fraudulent conversion, check fraud, 31 30 theft from a public utility, unlawful access to a computer, 31 31 theft of video rental property, and other similar offenses 31 32 related to theft. An accusation of theft may be supported by 31 33 evidence that it was committed in any manner that would be 31 34 theft under Code section 714.1(1) through (10), notwithstanding 31 35 the specification of a different manner of theft in the 32 1 complaint, indictment, or information, subject only to the 32 2 power of the court to ensure a fair trial by granting a 32 3 continuance or other appropriate relief where the conduct of 32 4 the defense would be prejudiced by lack of fair notice or 32 5 surprise. 32 6 DEFINITION OF FORGERY. The division amends Code section 32 7 715A.2(2) relating to forgery. Under the division, a person 32 8 commits forgery when the person possesses a writing that is 32 9 or purports to be a document issued by a department, agency, 32 10 board, or commission in this state and used as evidence of 32 11 authorized stay or employment in the United States. A person 32 12 who forges such a document commits a class "D" felony. By 32 13 amending the definition of forgery, the division also changes 32 14 the circumstances under which an employer is subject to a 32 15 civil penalty for hiring a person who commits such a forgery, 32 16 pursuant to Code section 715A.2A (accommodation of forgery). 32 17 STATUTE OF LIMITATIONS ==== FRAUD OR BREACH OF FIDUCIARY 32 18 OBLIGATION. The division amends Code section 802.5 relating 32 19 to extending the periods of time a prosecution may be brought 32 20 against a person for any offense involving a material element 32 21 of fraud or a breach of fiduciary obligation. Under current 32 22 law, a prosecution may be brought within one year after 32 23 discovery of the offense by an aggrieved party or by a person 32 24 who has legal duty to represent an aggrieved party and who is 32 25 not a party to the offense. The division specifies that the 32 26 prosecution may be brought within one year of actual discovery 32 27 of the offense and the offender's involvement in the offense 32 28 by an aggrieved party or by a person who has legal duty to 32 29 represent an aggrieved party and who is not a party to the 32 30 offense. The division also provides that a prosecution may be 32 31 commenced under this Code section as long as a law enforcement 32 32 agency has not delayed the investigation in bad faith, and does 32 33 not require that a law enforcement agency pursue an unknown 32 34 offender with due diligence. 32 35 DIVISION VI ==== CRIMINAL PROCEEDINGS. 33 1 REFERENCE TO VICTIM IN CRIMINAL PROCEEDING. This division 33 2 creates new Code section 701.12 relating to evidence in a 33 3 criminal prosecution. Under the division, the prosecuting 33 4 attorney or a witness may refer to a person using the term 33 5 "victim" during any criminal proceeding including at trial, 33 6 if there is sufficient evidence to support a finding that 33 7 the person referenced as the victim meets the definition of 33 8 a victim in Code section 915.10. A conviction shall not be 33 9 reversed based upon a reference to a person as the victim 33 10 during a criminal proceeding, if there is sufficient evidence 33 11 to support a finding that the person referenced as the victim 33 12 meets the definition of a victim in Code section 915.10. 33 13 DEFENDANT RIGHT TO APPEAL. The division amends Code section 33 14 814.6(1) by prohibiting the right to appeal to a defendant who 33 15 has pled guilty to a criminal offense except this prohibition 33 16 does not apply to a defendant who pleads guilty to a class "A" 33 17 felony. The right to appeal means that an appellate court 33 18 cannot deny a defendant's statutory or constitutional right to 33 19 have the defendant's case reviewed on appeal. 33 20 The division amends Code section 814.6(2) by specifying that 33 21 discretionary review by an appellate court applies to an order 33 22 denying a motion in arrest of judgment on grounds other than an 33 23 ineffective assistance claim. Under current law, discretionary 33 24 review applies to an order suppressing or admitting evidence, 33 25 an order granting or denying a motion for a change of venue, 33 26 an order denying probation, simple misdemeanor and ordinance 33 27 violations, and an order raising a question of law important to 33 28 the judiciary and the profession. Discretionary review is the 33 29 process by which an appellate court may exercise its discretion 33 30 to review specified matters not subject to appeal as a matter 33 31 of right. 33 32 INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL. The 33 33 division amends Code section 814.7 relating to an ineffective 33 34 assistance claim on appeal in a criminal case. The division 33 35 prohibits an ineffective assistance claim being raised and 34 1 decided on direct appeal from the criminal proceedings. Under 34 2 current law, such a claim may be raised on direct appeal from 34 3 the criminal proceedings if the record at the trial level is 34 4 sufficient. Generally, an ineffective assistance of counsel 34 5 claim is raised on appeal by a criminal defendant alleging 34 6 the defendant's attorney was so incompetent it deprived the 34 7 defendant the constitutional right to assistance of counsel. 34 8 APPEALS FROM THE DISTRICT COURT ==== GENERAL VERDICT. 34 9 The division creates new Code section 814.28 relating to 34 10 general verdicts. When the prosecution relies on multiple 34 11 or alternative theories to prove the commission of a public 34 12 offense, a jury may return a general verdict. If the jury 34 13 returns a general verdict, the division specifies that a court 34 14 shall not set aside or reverse such a verdict on the basis 34 15 of a defective or insufficient theory if one or more of the 34 16 theories presented and described in the complaint, information, 34 17 or indictment is sufficient to sustain the verdict on at least 34 18 one count. 34 19 GUILTY PLEAS ==== CHALLENGES. If a defendant challenges a 34 20 guilty plea based on an alleged defect in the plea proceedings, 34 21 the division provides that the plea shall not be vacated unless 34 22 the defendant demonstrates it is more likely than not that the 34 23 defendant would not have pled guilty if the defect had not 34 24 occurred. The burden applies whether the challenge is made 34 25 by motion in arrest of judgment or in a challenge on appeal. 34 26 Any provision in the Iowa rules of criminal procedure that are 34 27 inconsistent with this provision shall have no legal effect. 34 28 POSTCONVICTION RELIEF ==== RECORDS. The division creates new 34 29 Code section 822.10A relating to postconviction procedure. The 34 30 division provides that the court file containing the conviction 34 31 for which the applicant seeks postconviction relief shall be 34 32 part of the record in any action under Code chapter 822. Upon 34 33 the filing of an application for postconviction relief pursuant 34 34 to Code section 822.3, the clerk of the district court shall 34 35 make the underlying criminal file accessible to the applicant, 35 1 county attorney, and attorney general. If the criminal file 35 2 records are not available in electronic format, the division 35 3 requires the clerk of the district court to convert the records 35 4 to an electronic format and make the records available to the 35 5 applicant, county attorney, and attorney general. 35 6 POSTCONVICTION ==== RELIEF. The bill strikes a provision that 35 7 requires the respondent to an application for postconviction 35 8 relief, to file an answer to the application with relevant 35 9 portions of the record of the proceedings being challenged, if 35 10 the applicant fails to file the application without the record 35 11 of the proceedings being challenged. 35 12 DIVISION VII ==== STATE AND COUNTY MEDICAL EXAMINER DEATH 35 13 REPORTS AND INVESTIGATIONS. Currently, the report of an 35 14 investigation by the state medical examiner or county medical 35 15 examiner and the record and report of an autopsy shall be 35 16 received as evidence in court or other proceedings, except that 35 17 statements by witnesses or other persons and conclusions on 35 18 extraneous matters included in the report are inadmissible. 35 19 The division provides that the report of an investigation made 35 20 by the state medical examiner or county medical examiner shall 35 21 be admissible in court including any findings of the state 35 22 medical examiner or county medical examiner and any information 35 23 provided by a county attorney or law enforcement agency, if 35 24 the information is otherwise admissible under the Iowa rules 35 25 of evidence. 35 26 The division provides that in formulating findings and 35 27 conclusions regarding the cause and manner of death, the state 35 28 medical examiner or county medical examiner shall be allowed 35 29 to rely upon and include in the report of an investigation 35 30 any information provided to the medical examiner by a county 35 31 attorney or law enforcement agency. 35 32 Additionally, the state medical examiner or county 35 33 medical examiner may also rely upon and consider statements 35 34 by witnesses or other persons for purposes of developing a 35 35 clinical history of the decedent that preceded death when 36 1 formulating findings and conclusions on the cause and manner of 36 2 death. A court shall not exclude a medical examiner opinion 36 3 as the cause of death on the basis that the examiner has 36 4 considered out=of=court statements in forming that opinion, and 36 5 such an opinion shall not constitute reversible error. 36 6 The division also specifies that in lieu of conducting 36 7 its own investigation, the state medical examiner may rely 36 8 exclusively upon the findings of the county medical examiner, 36 9 county attorney, or a law enforcement agency. 36 10 DIVISION VIII ==== CRIMINAL PENALTIES. 36 11 POSSESSION OF A CONTROLLED SUBSTANCE. Currently, if a 36 12 person commits a first offense possession of a controlled 36 13 substance the person commits a serious misdemeanor. If a 36 14 person commits a second offense possession of a controlled 36 15 substance and the person has previously been convicted of 36 16 violating Code chapter 124 (controlled substances), Code 36 17 chapter 124B (precursor substances), Code chapter 453B (excise 36 18 tax on unlawful dealing), or Code chapter 124A (imitation 36 19 controlled substances as it existed on July 1, 2017), the 36 20 person commits an aggravated misdemeanor. 36 21 Currently, if a person commits a first offense possession 36 22 of marijuana, the offense is punishable by imprisonment in 36 23 the county jail for not more than six months or by a fine 36 24 of not more than $1,000, or by both. If a person commits a 36 25 second offense possession of marijuana, the person commits 36 26 a serious misdemeanor, and if a person commits a third or 36 27 subsequent offense possession of marijuana, the person commits 36 28 an aggravated misdemeanor. 36 29 The division makes convictions or the equivalent of deferred 36 30 judgments for violations in any other state count as a previous 36 31 offense if the violation in the other state substantially 36 32 corresponds with possession of controlled substance violations 36 33 in this state, thus making a person with a conviction in 36 34 another state more likely to be subject to enhanced penalties 36 35 for possession of a controlled substance in this state under 37 1 Code section 124.401(5), as amended by the division. The 37 2 division specifies that the court shall judicially notice the 37 3 statutes of other states which define offenses substantially 37 4 equivalent to possession of a controlled substance. 37 5 HOMICIDE BY VEHICLE. The division provides that a person 37 6 commits a class "C" felony when the person unintentionally 37 7 causes the death of another when exceeding the speed limit by 37 8 25 miles per hour or more, in violation of Code section 321.285 37 9 (speed restrictions), 321.290 (special restrictions), 321.293 37 10 (local authorities may alter limits), or 321.295 (limitation 37 11 on bridge or elevated structures), if the death of the other 37 12 person directly or indirectly results from such a violation. 37 13 Currently, a person who violates Code section 321.285 37 14 commits a simple misdemeanor or a simple misdemeanor punishable 37 15 as a scheduled fine under Code section 805.8A, a person who 37 16 violates Code section 321.290 or 321.293 commits a simple 37 17 misdemeanor, and a person who violates Code section 321.295 37 18 commits a simple misdemeanor punishable as a scheduled fine of 37 19 $50. 37 20 ARSON IN THE FIRST DEGREE. The division requires an 37 21 offender who commits the criminal offense of arson in the first 37 22 degree to serve 50 to 70 percent of a 25=year class "B" felony 37 23 sentence prior to being eligible for parole or work release. 37 24 Under current law, such an offender is sentenced to confinement 37 25 for 25 years but is eligible for parole upon entering prison. 37 26 At the time of sentencing, the division provides that the 37 27 court determine when a person convicted of arson in the first 37 28 degree first becomes eligible for parole or work release within 37 29 the parameters of 50 to 70 percent of the 25=year sentence, 37 30 based upon all pertinent information including the person's 37 31 criminal record, a validated risk assessment, and the negative 37 32 impact the offense has had on the victim or other persons. The 37 33 division also makes arson in the first degree a category "B" 37 34 sentence under Code section 903A.2, in effect increasing the 37 35 length of the sentence by reducing the amount of earned time 38 1 such a person is eligible for during confinement from one and 38 2 two=tenths of a day for each day of good conduct to fifteen 38 3 eighty=fifths of a day for each day of good conduct. LSB 5257XS (24) 87 jm/rh
