Iowa-2017-SF2196-Introduced
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
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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 the first or second degree in violation of
4 12 section 711.2 or 711.3, 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 exceeds five seven 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 exceeding five seven 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 exceeding two three hundred dollars
5 35 in value but not exceeding five seven 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 exceeding two three 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 exceeding two three 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 exceed two three hundred dollars.
6 21 b. A serious misdemeanor if the value of the goods, wares,
6 22 or merchandise exceeds two three 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 exceeds five seven 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 exceeds two three hundred dollars but does
7 11 not exceed five seven 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 exceed two three 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 exceeds five seven 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 exceeds two three hundred dollars, but does not exceed five
8 25 seven 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 than two three
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 than two three
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 than five seven
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 than one three
9 21 hundred dollars but does not exceed five seven 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 costs one three 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 15 the state department of transportation and to any 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 issued under section 901.5, subsection 10, or under
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 15 or 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 321.513 or 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.8 or 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 issued under section 901.5, subsection 10, or under 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 than three five
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 in case of the
15 12 following cases:
15 13 (1) A simple misdemeanor and ordinance violation
15 14 convictions conviction.
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 28 1. 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 1 2. 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 5 3. 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 4 If 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 admissible including 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
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