Bill Text: IA SF2340 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties. (Formerly SF 2211.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-08 - Fiscal note. [SF2340 Detail]
Download: Iowa-2023-SF2340-Enrolled.html
Senate
File
2340
-
Enrolled
Senate
File
2340
AN
ACT
RELATING
TO
ILLEGAL
REENTRY
INTO
THE
STATE
BY
CERTAIN
ALIENS,
PROHIBITION
ON
ARREST
IN
CERTAIN
LOCATIONS,
ORDERS
TO
RETURN
TO
A
FOREIGN
NATION,
IMMUNITY
FROM
LIABILITY
AND
INDEMNIFICATION
FOR
ENFORCEMENT
ACTIONS,
SENTENCING
RESTRICTIONS,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
718C.1
Definitions.
As
used
in
this
chapter:
1.
“Alien”
means
the
same
as
defined
in
8
U.S.C.
§1101,
as
of
January
1,
2023.
2.
“Port
of
entry”
means
a
port
of
entry
in
the
United
States
as
designated
by
19
C.F.R.
pt.
101.
Sec.
2.
NEW
SECTION
.
718C.2
Illegal
reentry
into
state
by
certain
aliens.
1.
A
person
who
is
an
alien
commits
an
offense
if
the
person
enters,
attempts
to
enter,
or
is
at
any
time
found
in
this
state
under
any
of
the
following
circumstances:
a.
The
person
has
been
denied
admission
to
or
has
been
excluded,
deported,
or
removed
from
the
United
States.
b.
The
person
has
departed
from
the
United
States
while
an
order
of
exclusion,
deportation,
or
removal
is
outstanding.
Senate
File
2340,
p.
2
2.
An
offense
under
this
section
is
an
aggravated
misdemeanor,
except
that
the
offense
is:
a.
A
class
“D”
felony
if
any
of
the
following
are
true:
(1)
The
person’s
removal
was
subsequent
to
a
conviction
for
commission
of
two
or
more
misdemeanors
involving
drugs,
crimes
against
a
person,
or
both.
(2)
The
person
was
excluded
pursuant
to
8
U.S.C.
§1225(c)
because
the
defendant
was
excludable
under
8
U.S.C.
§1182(a)(3)(B).
(3)
The
person
was
removed
pursuant
to
the
provisions
of
8
U.S.C.
ch.
12,
subch.
V.
(4)
The
person
was
removed
pursuant
to
8
U.S.C.
§1231(a)(4)(B).
b.
A
class
“C”
felony
if
the
person
was
removed
subsequent
to
a
conviction
for
the
commission
of
a
felony.
3.
For
purposes
of
this
section,
“removal”
includes
an
order
issued
under
this
chapter
or
any
other
agreement
in
which
an
alien
stipulates
to
removal
pursuant
to
a
criminal
proceeding
under
either
federal
or
state
law.
Sec.
3.
NEW
SECTION
.
718C.3
Arrest
prohibited
in
certain
locations.
Notwithstanding
any
other
law,
a
peace
officer
may
not
arrest
or
detain
a
person
for
purposes
of
enforcing
a
provision
of
this
chapter
if
the
person
is
on
the
premises
or
grounds
of
any
of
the
following
places:
1.
A
public
or
private
primary
or
secondary
school
for
educational
purposes.
2.
A
church,
synagogue,
or
other
established
place
of
religious
worship.
3.
A
health
care
facility,
as
defined
in
section
135C.1,
including
a
facility
a
state
agency
maintains
or
operates
to
provide
health
care,
or
the
office
of
a
health
care
provider,
provided
that
the
person
is
on
the
premises
or
grounds
of
the
facility
or
office
for
the
purpose
of
receiving
medical
treatment.
4.
A
facility
that
provides
forensic
medical
examinations
to
sexual
assault
survivors
provided
that
the
person
is
on
the
premises
or
grounds
of
the
facility
for
purposes
of
obtaining
a
forensic
medical
examination
and
treatment.
Senate
File
2340,
p.
3
Sec.
4.
NEW
SECTION
.
718C.4
Order
to
return
to
foreign
nation.
1.
A
judge
during
a
person’s
initial
appearance
following
an
arrest
for
a
violation
of
this
chapter
may,
after
making
a
determination
that
probable
cause
exists
for
the
arrest,
order
the
person
released
from
custody
and
issue
a
written
order
in
accordance
with
subsection
3.
2.
The
judge
in
a
person’s
case
at
any
time
after
the
person’s
initial
appearance
may,
in
lieu
of
continuing
the
prosecution
of
or
entering
an
adjudication
regarding
an
offense
under
this
chapter,
dismiss
the
charge
pending
against
the
person
and
issue
a
written
order
in
accordance
with
subsection
3.
3.
A
written
order
authorized
by
subsection
1
or
2
shall
discharge
the
person
and
require
the
person
to
return
to
the
foreign
nation
from
which
the
person
entered
or
attempted
to
enter,
and
may
be
issued
only
if
all
of
the
following
requirements
are
met:
a.
The
person
agrees
to
the
order.
b.
The
person
has
not
previously
been
convicted
of
an
offense
under
this
chapter,
or
previously
obtained
a
discharge
under
an
order
under
subsection
1
or
2.
c.
The
person
is
not
charged
with
another
offense
that
is
punishable
as
an
aggravated
misdemeanor
or
any
higher
category
of
offense.
d.
Before
the
issuance
of
the
order,
the
arresting
law
enforcement
agency
has
done
all
of
the
following:
(1)
Collected
all
available
identifying
information
of
the
person,
which
must
include
taking
fingerprints
from
the
person
and
using
other
applicable
photographic
and
biometric
measures
to
identify
the
person.
(2)
Cross-referenced
the
collected
information
with
all
relevant
local,
state,
and
criminal
databases
and
federal
lists
or
classifications
used
to
identify
a
person
as
a
threat
or
potential
threat
to
national
security.
4.
Upon
a
person’s
conviction
of
an
offense
under
this
chapter,
the
judge
shall
enter
in
the
judgment
in
the
case
an
order
requiring
the
person
to
return
to
the
foreign
nation
from
which
the
person
entered
or
attempted
to
enter.
An
order
Senate
File
2340,
p.
4
issued
under
this
subsection
takes
effect
on
completion
of
the
term
of
confinement
or
imprisonment
imposed
by
the
judgment.
5.
An
order
issued
under
this
section
must
include
all
of
the
following:
a.
The
manner
of
transportation
of
the
person
to
a
port
of
entry.
b.
The
law
enforcement
officer
or
state
agency
responsible
for
monitoring
compliance
with
the
order.
6.
An
order
issued
under
this
article
must
be
filed
with
the
county
clerk
of
the
county
in
which
the
person
was
arrested
for
an
order
described
by
subsection
1,
or
with
the
clerk
of
the
court
exercising
jurisdiction
in
the
case
for
an
order
described
by
subsection
2
or
4.
7.
Not
later
than
the
seventh
day
after
the
date
an
order
is
issued
under
this
section,
the
law
enforcement
officer
or
state
agency
required
to
monitor
compliance
with
the
order
shall
report
the
issuance
of
the
order
to
the
department
of
public
safety
for
inclusion
in
the
computerized
criminal
history
system.
Sec.
5.
NEW
SECTION
.
718C.5
Refusal
to
comply
with
order
to
return
to
foreign
nation.
1.
A
person
who
is
an
alien
commits
an
offense
if
all
of
the
following
are
true:
a.
The
person
has
been
charged
with
or
convicted
of
an
offense
under
this
chapter.
b.
A
judge
has
issued
an
order
under
this
chapter
for
the
person
to
return
to
the
foreign
nation
from
which
the
person
entered
or
attempted
to
enter.
c.
The
person
failed
to
comply
with
the
order.
2.
An
offense
under
this
section
is
a
class
“C”
felony.
Sec.
6.
NEW
SECTION
.
718C.6
Abatement
of
prosecution
on
basis
of
immigration
status
determination
prohibited.
A
court
may
not
abate
the
prosecution
of
an
offense
under
this
chapter
on
the
basis
that
a
federal
determination
regarding
the
immigration
status
of
the
person
is
pending
or
will
be
initiated.
Sec.
7.
NEW
SECTION
.
718C.7
Civil
immunity
for
and
indemnification
of
local
government
officials,
employees,
and
contractors.
Senate
File
2340,
p.
5
1.
Except
as
provided
by
subsection
4,
a
local
government
official,
employee,
or
contractor
is
immune
from
liability
for
damages
arising
from
a
cause
of
action
under
state
law
resulting
from
an
action
taken
by
the
official,
employee,
or
contractor
to
enforce
this
chapter
during
the
course
and
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
employment,
or
contractual
performance
for
or
service
on
behalf
of
the
local
government.
2.
Subject
to
subsection
3
and
except
as
provided
by
subsection
4,
a
local
government
shall
indemnify
an
official,
employee,
or
contractor
of
the
local
government
for
damages
arising
from
a
cause
of
action
under
federal
law
resulting
from
an
action
taken
by
the
official,
employee,
or
contractor
to
enforce
this
chapter
during
the
course
and
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
employment,
or
contractual
performance
for
or
service
on
behalf
of
the
local
government.
3.
Indemnification
payments
made
under
subsection
2
by
a
local
government
shall
not
exceed
the
following:
a.
One
hundred
thousand
dollars
to
any
one
person
or
three
hundred
thousand
dollars
for
any
single
occurrence
in
the
case
of
personal
injury
or
death.
b.
Ten
thousand
dollars
for
a
single
occurrence
of
property
damage.
4.
Subsections
1
and
2
do
not
apply
if
the
court
or
jury
determines
that
the
local
government
official,
employee,
or
contractor
acted
in
bad
faith,
with
conscious
indifference,
or
with
recklessness.
5.
A
local
government
shall
indemnify
an
official,
employee,
or
contractor
of
the
local
government
for
reasonable
attorney
fees
incurred
in
defense
of
a
criminal
prosecution
against
the
official,
employee,
or
contractor
for
an
action
taken
by
the
official,
employee,
or
contractor
to
enforce
this
chapter
during
the
course
and
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
employment,
or
contractual
performance
for
or
service
on
behalf
of
the
local
government.
6.
This
section
shall
not
be
construed
to
waive
any
statutory
limits
on
damages
under
state
law.
Sec.
8.
NEW
SECTION
.
718C.8
Civil
immunity
for
and
Senate
File
2340,
p.
6
indemnification
of
state
officials,
employees,
and
contractors.
1.
Except
as
provided
by
subsection
4,
an
elected
or
appointed
state
official,
or
a
state
employee
or
contractor,
is
immune
from
liability
for
damages
arising
from
a
cause
of
action
under
state
law
resulting
from
an
action
taken
by
the
official,
employee,
or
contractor
to
enforce
this
chapter
during
the
course
and
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
employment,
or
contractual
performance
for
or
service
on
behalf
of
the
state.
2.
Except
as
provided
by
subsection
4,
the
state
shall
indemnify
an
elected
or
appointed
state
official
or
a
state
employee
or
contractor
for
damages
arising
from
a
cause
of
action
under
federal
law
resulting
from
an
action
taken
by
the
official,
employee,
or
contractor
to
enforce
this
chapter
during
the
course
and
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
employment,
or
contractual
performance
for
or
service
on
behalf
of
the
state.
3.
Notwithstanding
any
other
law,
an
indemnification
payment
made
under
subsection
2
is
not
subject
to
an
indemnification
limit
under
the
laws
of
this
state.
4.
Subsections
1
and
2
do
not
apply
if
the
court
or
jury
determines
that
the
state
official,
employee,
or
contractor
acted
in
bad
faith,
with
conscious
indifference,
or
with
recklessness.
5.
The
state
shall
indemnify
a
state
official,
employee,
or
contractor
for
reasonable
attorney
fees
incurred
in
defense
of
a
criminal
prosecution
against
the
official,
employee,
or
contractor
for
an
action
taken
by
the
official,
employee,
or
contractor
to
enforce
this
chapter
during
the
course
and
scope
of
the
official’s,
employee’s,
or
contractor’s
office,
employment,
or
contractual
performance
for
or
service
on
behalf
of
the
state.
6.
A
state
official,
employee,
or
contractor
who
may
be
entitled
to
indemnification
under
subsection
2
is
entitled
to
representation
by
the
attorney
general
in
an
action
in
connection
with
which
the
official,
employee,
or
contractor
may
be
entitled
to
that
indemnification.
7.
This
section
shall
not
be
construed
to
waive
any
statutory
limits
on
damages
under
state
law.
Senate
File
2340,
p.
7
Sec.
9.
NEW
SECTION
.
718C.9
Appeal
to
supreme
court.
For
a
civil
action
brought
against
a
person
who
may
be
entitled
to
immunity
or
indemnification
under
section
718C.7
or
718C.8,
an
appeal
shall
be
taken
directly
to
the
supreme
court.
Sec.
10.
NEW
SECTION
.
718C.10
Deferred
judgment,
deferred
sentence,
or
suspended
sentence
prohibited.
Notwithstanding
any
other
provision
of
law,
a
person
who
is
convicted
of
an
offense
under
section
718C.2
or
718C.5
shall
not
be
eligible
for
a
deferred
judgment,
deferred
sentence,
or
suspended
sentence.
Sec.
11.
Section
907.3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Pursuant
to
section
901.5
,
the
trial
court
may,
upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
which
a
judgment
of
conviction
may
be
rendered,
exercise
any
of
the
options
contained
in
this
section
.
However,
this
section
does
not
apply
to
a
forcible
felony
,
or
to
a
violation
of
chapter
709
committed
by
a
person
who
is
a
mandatory
reporter
of
child
abuse
under
section
232.69
in
which
the
victim
is
a
person
who
is
under
the
age
of
eighteen
,
or
to
a
violation
of
section
718C.2
or
718C.5
.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2340,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
