Bill Text: IA SF55 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to a lifetime ban from state parks or preserves for certain repeat criminal offenders, including criminal penalties, and including an applicability date.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-01-12 - Subcommittee: Shipley, Bisignano, and Edler. S.J. 84. [SF55 Detail]
Download: Iowa-2017-SF55-Introduced.html
Senate File 55 - Introduced SENATE FILE BY CHELGREN A BILL FOR 1 An Act relating to a lifetime ban from state parks or preserves 2 for certain repeat criminal offenders, including criminal 3 penalties, and including an applicability date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1067XS (5) 87 av/nh PAG LIN 1 1 Section 1. NEW SECTION. 461A.51A Repeat criminal offenders 1 2 == state park or preserve ban == penalties. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Conviction" means found guilty of, pleads guilty to, 1 6 or receives a deferred sentence or deferred judgment for a 1 7 criminal act. 1 8 b. "Criminal act" means any of the following: 1 9 (1) An offense constituting a violation of section 123.46 1 10 involving public intoxication. 1 11 (2) An offense constituting a violation of chapter 321J 1 12 involving operating while intoxicated. 1 13 (3) An offense constituting a violation of chapter 708 1 14 involving assault. 1 15 (4) An offense constituting a violation of chapter 709 1 16 involving sexual abuse. 1 17 (5) An offense constituting a violation of chapter 711 1 18 involving a robbery or extortion. 1 19 (6) Any other offense constituting a forcible felony as 1 20 defined in section 702.11. 1 21 2. Upon a person's third conviction for a criminal act, the 1 22 court shall notify the person that the person is banned for 1 23 life from entering the real property comprising a state park 1 24 or preserve. 1 25 3. A person who violates a lifetime ban imposed under 1 26 subsection 2 by entering real property comprising a state 1 27 park or preserve shall be guilty of a simple misdemeanor. A 1 28 person convicted of a second or subsequent violation of such a 1 29 lifetime ban shall be guilty of a serious misdemeanor. 1 30 4. The commission shall adopt rules pursuant to chapter 17A, 1 31 in cooperation with the judicial branch, to administer this 1 32 section. 1 33 Sec. 2. APPLICABILITY. This Act applies to criminal 1 34 convictions accumulated by a person on or after July 1, 2017. 1 35 EXPLANATION 2 1 The inclusion of this explanation does not constitute agreement with 2 2 the explanation's substance by the members of the general assembly. 2 3 This bill provides that a person who accumulates three 2 4 or more convictions for any combination of certain specified 2 5 criminal offenses involving intoxication, operating while 2 6 intoxicated, assault, sexual abuse, robbery or extortion, or 2 7 a forcible felony, is subject to a lifetime ban from entering 2 8 the real property comprising a state park or preserve. Upon a 2 9 person's third conviction for such an offense, the court is to 2 10 notify the person of the ban. 2 11 A person who violates this ban by entering the real property 2 12 comprising a state park or preserve is guilty of a simple 2 13 misdemeanor. A simple misdemeanor is punishable by confinement 2 14 for no more than 30 days or a fine of at least $65 but not 2 15 more than $625 or by both. A person convicted of a second or 2 16 subsequent violation of such a lifetime ban is guilty of a 2 17 serious misdemeanor. A serious misdemeanor is punishable by 2 18 confinement for no more than one year and a fine of at least 2 19 $315 but not more than $1,875. 2 20 The natural resource commission, in cooperation with the 2 21 judicial branch, is required to adopt rules pursuant to Code 2 22 chapter 17A to administer the provisions of the bill. 2 23 The bill is applicable to criminal convictions accumulated 2 24 by a person on or after July 1, 2017. LSB 1067XS (5) 87 av/nh
