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:
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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.
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