Bill Text: IA SF2197 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to theft of motor vehicles subsequently used in the commission of a felony, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-03-07 - Subcommittee: Baltimore, Oldson and Paustian. H.J. 515. [SF2197 Detail]
Download: Iowa-2017-SF2197-Introduced.html
Senate File 2197 - Introduced SENATE FILE BY SMITH A BILL FOR 1 An Act relating to theft of motor vehicles subsequently used in 2 the commission of a felony, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5096XS (4) 87 ns/rh PAG LIN 1 1 Section 1. NEW SECTION. 714.2A Motor vehicle theft == 1 2 subsequent commission of felony. 1 3 1. The theft of a motor vehicle as defined in chapter 321 1 4 that is subsequently used in the commission of a forcible 1 5 felony as defined in section 702.11 is a class "B" felony. 1 6 2. The theft of a motor vehicle as defined in chapter 321 1 7 exceeding ten thousand dollars in value that is subsequently 1 8 used in the commission of a felony is a class "B" felony. 1 9 3. The theft of a motor vehicle as defined in chapter 1 10 321 not exceeding ten thousand dollars in value that is 1 11 subsequently used in the commission of a felony is a class 1 12 "C" felony. However, for purposes of this subsection, "motor 1 13 vehicle" does not include a motorized bicycle as defined in 1 14 section 321.1, subsection 40, paragraph "b". 1 15 Sec. 2. NEW SECTION. 714.7A Operating a motor vehicle 1 16 without owner's consent == subsequent commission of felony. 1 17 1. Any person who takes possession or control of another 1 18 person's motor vehicle as defined in chapter 321 without 1 19 the consent of the owner of such, but without the intent to 1 20 permanently deprive the owner thereof, and the vehicle is 1 21 subsequently used in the commission of a forcible felony as 1 22 defined in section 702.11, shall be guilty of a class "C" 1 23 felony. 1 24 2. Any person who takes possession or control of another 1 25 person's motor vehicle as defined in chapter 321 without 1 26 the consent of the owner of such, but without the intent to 1 27 permanently deprive the owner thereof, and the vehicle is 1 28 subsequently used in the commission of a felony, shall be 1 29 guilty of a class "D" felony. 1 30 3. A violation of this section may be proved as a lesser 1 31 included offense on an indictment or information charging 1 32 theft. 1 33 EXPLANATION 1 34 The inclusion of this explanation does not constitute agreement with 1 35 the explanation's substance by the members of the general assembly. 2 1 This bill provides enhanced criminal penalties for motor 2 2 vehicle theft when the vehicle is subsequently used in the 2 3 commission of a felony. Under current law, a class "B" felony 2 4 is punishable by imprisonment for no more than 25 years. A 2 5 class "C" felony is punishable by imprisonment for no more 2 6 than 10 years and a fine of at least $1,000 but not more than 2 7 $10,000. A class "D" felony is punishable by imprisonment for 2 8 no more than five years and a fine of at least $750 but not more 2 9 than $7,500. 2 10 The bill provides that theft of any motor vehicle, 2 11 regardless of value, subsequently used in the commission of a 2 12 forcible felony is a class "B" felony. A forcible felony is 2 13 defined under Code section 702.11 to be any felonious child 2 14 endangerment, assault, murder, sexual abuse, kidnapping, 2 15 robbery, human trafficking, arson in the first degree, or 2 16 burglary in the first degree, with certain exceptions. 2 17 Under current law, theft of a motor vehicle exceeding 2 18 $10,000 in value is a class "C" felony. The bill provides that 2 19 if the vehicle is subsequently used in the commission of a 2 20 felony, the theft is a class "B" felony. 2 21 Under current law, theft of a motor vehicle not exceeding 2 22 $10,000 in value is a class "D" felony. The bill provides 2 23 that if the vehicle is subsequently used in the commission 2 24 of a felony, the theft is a class "C" felony. Consistent 2 25 with current law, motorized bicycles are excluded from this 2 26 provision. 2 27 Under current law, taking possession or control of a 2 28 railroad vehicle, self=propelled vehicle, aircraft, or 2 29 motor boat without the consent of the owner, but without 2 30 the intent to permanently deprive the owner of the railroad 2 31 vehicle, self=propelled vehicle, aircraft, or motor boat, is 2 32 an aggravated misdemeanor. The bill provides that taking 2 33 possession or control of a motor vehicle without the consent of 2 34 the owner, but without the intent to permanently deprive the 2 35 owner of the vehicle, and the vehicle is subsequently used in 3 1 the commission of a forcible felony, is a class "C" felony. If 3 2 the vehicle is subsequently used in the commission of a felony, 3 3 the violation is a class "D" felony. Consistent with current 3 4 law, a violation of these provisions may be proved as a lesser 3 5 included offense on an indictment or information charging 3 6 theft. LSB 5096XS (4) 87 ns/rh
