SJR 7 – Proposed Firearms Constitutional Amendment

SJR 7 – Iowa’s Constitution currently does not include language on the right to possess arms. SJR 7 proposes an amendment to the Iowa Constitution conferring the right of the people to keep and bear arms. It is not identical to the 2nd Amendment to the U.S. Constitution. Here is the exact language of the proposed amendment:

“Right to keep and bear arms. Sec. IA. The right of the people to keep and bear arms will not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right will be subject to strict scrutiny.”

Strict scrutiny, which is required in SJR 7, is the highest standard of judicial review in U.S. courts. This standard starts with the presumption that a law or government action is unconstitutional. The U.S. Supreme Court generally reserves strict scrutiny standards for fundamental rights, either those included in the Bill of Rights or as part of the “liberty clause” of the 14th Amendment on due process. Strict scrutiny also is used for certain classes of people that deserve the highest level of protection, such as restrictions based on race, national origin, religion and alienage.

The strict scrutiny test generally requires three elements:

• It must be a compelling government interest.
• The government action must be narrowly tailored to meet that interest.
• The government action must be the least restrictive means for meeting that interest

Article X of the Iowa Constitution requires any proposed Constitutional amendment to pass two consecutive General Assemblies and then be submitted to a vote of the people. This proposed Constitutional amendment has now successfully passed two General Assemblies. The next step is a vote of the people at the next General Election.

[1/28: 29-18, party line (Absent: Brown, Nunn; 1 vacancy)]

SF 172 – Definition of Sex Act

SF 172 expands the definition of sex act or sexual activity in the criminal code. The bill adds body parts that can be used in a sex act. Under the bill, the definition of a sex act will include contact between any body part of one person and the genitalia or anus of another person.

The bill also adds a new paragraph to the definition of sex act to include: “The touching of a person’s own genitals or anus with a finger, hand, artificial sexual organ or other similar device at the direction of another person.”

For a “sex act” or “sexual activity” to be defined as sexual abuse that is criminal in nature, for example, the act must be performed under these circumstances:

• The act is done by force or against the will of the other person. If the consent of the other person is obtained by threat of violence or the act is done under the influence of a sleep-inducing drug or otherwise occurs in a state of unconsciousness, or the act is done against the will of another individual.
• The other individual involved is suffering from a mental defect or incapacity that precludes giving consent, or lacks the mental capacity to know right and wrong conduct in sexual matters.
• The other individual involved is a child.
  [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; 1 vacancy)]

SF 173 – Certifications of Trust

SF 173 comes from the Iowa State Bar Association Probate and Trust Law Section. In 2019, legislation allowing one trustee to provide a certification of trust was enacted. Previous law required all trustees to provide certification if there was more than one trustee. A certification of trust is a document provided to a third party whereby a trustee or trustees verify a trust’s existence and the authority to act on behalf of the trust. This is in lieu of a third party requiring to see the entire trust document.

Since passage of that legislation, it has been discovered that the process for certification needs fixes. This bill achieves those fixes by:

• Requiring that a certification of trust give the names of all currently acting trustees, and if there is more than one currently acting trustee, it must state whether a trustee may act individually, by a majority decision or a unanimous decision.
• Adding the option that a certification of trust be dated and certified under penalty of perjury. The current requirement for certification is that it be subscribed and sworn to under penalty of perjury before a notary public. Either method would be allowed under this bill.
• Stating that if abatement of trust assets is necessary to pay debts, taxes, etc., the share of a surviving spouse who does not take the elective share must be abated last.
  [2/3: 46-0 (Excused: Hogg, Lykam, Nunn; 1 vacancy)

SF 235 – Claims in Probate

SF 235 relates to claims made against an estate in probate. When an individual dies and the estate goes through probate for ultimate distribution, those who believe the deceased owed them money can file a claim against the assets in the estate. The bill:

• Does away with the requirement that a claimant mail a copy of a request for a hearing on a claim against the estate to the personal representative and the attorney of record by certified mail. Since court files are electronic, the claimant will file a request with the clerk on the electronic data management system.
• Removes the requirement that the Notice of Disallowance of a Claim include language regarding a requirement to mail a copy of a request for a hearing to the personal representative and the attorney for the estate, if any.
• Allows the probate court to hear claims up to $6,500. Previously, if a claim in probate exceeded $300, either party could demand a jury trial. Now, a party can demand a jury trial for a claim in probate if the amount in contention exceeds $6,500. The court may submit the matter to a jury for amounts less than $6,500.
• Allows a judgment against any interested party to be deducted from what the estate owes the interested party.
  [2/9: 48-0 (Excused: Hogg, Nunn)]

SF 239 – Causes of Action that Survive a Person’s Death

SF 239 provides that when a cause of action survives a deceased person and such action is allowed to be continued, the court will appoint a personal representative for the deceased as defined in the probate code, or a successor as provided for in 633.356, relating to small estates and distribution by affidavit.
[2/9: 48-0 (Excused: Hogg, Nunn)]

SF 240 –Uniform Custodial Trust Act

SF 240 creates the Iowa Uniform Custodial Trust Act, which establishes a statutory framework for a simple trust by allowing any kind of property (real or personal, tangible or intangible) to be made the subject of a transfer to a custodial trustee for the benefit of the beneficiary. This will be a trust option for Iowans who don’t have a lot of assets but may need a trustee to oversee them.
[2/9: 48-0 (Excused: Hogg, Nunn)]

SF 243 – Crimes of Failure to Assist, Abuse of a Corpse, and Interference with Official Acts

SF 243 is in response to the tragic drowning death of Noah Herring at the Coralville Reservoir in 2020. The bill:

• Expands the definition of “abuse of a corpse” by adding that failure to disclose the known location of a corpse with the intent to conceal a crime is considered abuse of a corpse.
• Makes it a crime of “interference with official acts” when to knowingly resist or obstruct a medical examiner in the performance of their duties.
• Creates the crime of “failure to assist.” Failure to assist occurs when “A person who reasonably believes another person is suffering from a risk of serious bodily injury or imminent danger of death fails to contact local law enforcement or local emergency response authorities if the person is able to and, if so doing the person or any other person are not at risk of serious bodily injury or imminent danger of death.” There is no requirement to contact law enforcement or emergency response if the person knows or reasonably believes that the other person is not in need of assistance. Failure to assist is a simple misdemeanor if the other person suffers serious bodily injury. It is an aggravated misdemeanor if the other person dies.
  [5/17: 45-0 (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]

SF 253 – Second Degree Sex Abuse

SF 253 provides that when the victim of sex abuse is under 14, the perpetrator can be charged with sex abuse in the second degree. Previously, when a victim was under 12, it was 2^nd degree sex abuse, a class “B” felony. Previously, if the victim was 12 or 13, it was sex abuse in the 3^rd degree, a class “C” felony.
[2/9: 48-0 (Excused: Hogg, Nunn)]

SF 342 – Law Enforcement Omnibus bill, including enhanced penalties for protestors

SF 342 has 14 Divisions comprised of 56 sections relating to a variety of laws regarding law enforcement, protestors, workers compensation benefits and other policy issues.

Division I: – Confidentiality

Sections 1-5: Expands the Address Confidentiality Program

• Allows victims of assault to participate in the address confidentiality program under the Secretary of State.
• Allows active or retired state or local judicial officers, federal judges, their spouses or children to participate in the address confidentiality program.
• Allows an active or retired state or local prosecuting attorney, their spouse or child to participate.
• Allows active or retired peace officers, civilian employees of a law enforcement agency or their spouses or children to participate in the address confidentiality program.
• Provides that an address confidentiality program participant may request that the county assessor redact their name from electronic documents available to the public on the assessor’s website at no cost.

Section 6: It is not a violation of the open records chapter if a person has good reason to believe they acted in compliance with the open records law. Good reason and good faith are present if a person incorrectly balanced the right of the public to receive public records against the rights and obligations of a government body to maintain confidential records under any court-created balancing test, unless the person is unable to articulate a reasonable basis for their “balancing.” No damages, costs or fees will be awarded.

Section 7: Peace officers, civilian law enforcement employees, state or federal judicial officers or prosecutors can have their names redacted at no cost from the county assessors’ and county recorders’ publicly available Internet sites. Former peace officers and former civilian employees may request to have their names redacted upon evidence of a compelling safety interest.

Section 8: A peer support group counselor or individual present for a group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency or fire department cannot disclose any confidential communication when giving testimony. However, the officer or civilian employee may consent to the disclosure. If the counselor or group crisis intervention individual was an initial responding officer, a witness or party to the incident, the prohibition does not apply.

Division II: Uniform Commercial Code and Fraudulent Filings

Sections 9-11: Creates a process to address and remove Uniform Commercial Code filings intended to harass or defraud. It will be a crime when a person intentionally makes a fraudulent UCC filing with the intent to harass or defraud.

Division III: Qualified Immunity – Effective Upon Enactment

Sections 12-16: A state or local government employee is not liable for monetary damages for a tort under these circumstances:

• The right, privilege or immunity secured by the law was not clearly established at the time of the alleged deprivation, or a reasonable employee would not believe it was sufficiently clear.
• The alleged conduct was consistent with the law, per a court decision.
• Neither state nor local government will be liable for a claim if the employee is protected by qualified immunity.
• Any court decision denying qualified immunity will be immediately appealable.

Division IV: Peace Officers’ Bill of Rights

Sections 17-22:

• A peace officer will be immediately notified in writing of the results of a formal administrative investigation.  
• If a complaint against an officer alleges workplace harassment, the officer will only receive a written summary of the complaint. Previously, an officer received a written summary if the complaint alleged domestic abuse, sexual abuse or sexual harassment.
• An officer has the right to legal counsel during hearings or other disciplinary or administrative proceedings relating to the complaint, in addition to the assistance of legal counsel during the interview of the officer.
• Information received from the officer by the officer’s legal counsel, union representative or employee representative is privileged, and legal counsel may coordinate and communicate in confidence with the officer’s designated union representative or employee representative.
• If a formal investigation results in discipline, witness statements and the complete investigative agency’s report must be provided to the officer upon request when the investigation is complete.
• An officer has the right to sue for damages for the filing of a false complaint or for any other violation of the Peace Officer’s Bill of Rights. Damages can include court costs and reasonable attorney fees.
• The officer’s personal information is confidential and will be redacted from records prior to public release.
• The officer’s employer must keep confidential an officer’s statement, recordings, or transcripts of any interview or disciplinary proceedings and any complaint made against an officer, unless otherwise provided by law or if the officer consents to release.
• Any agency employing full-time or part-time officers must provide training to any officer or supervisor who performs or supervises an investigation under this section. The Iowa Law Enforcement Academy will adopt minimum training standards.
• The employer must provide to a requesting officer or the officer’s legal counsel a copy of the officer’s personnel file and training records.

Division V – Officer Disciplinary Actions

Sections 20-21:

• An officer will not be disciplined or discharged by state, county or municipal law enforcement solely due to a prosecutor’s determination or disclosure that exculpatory evidence exists concerning the officer. However, a law enforcement agency may discipline or dismiss an officer based on the officer’s underlying actions.

Division VI – Peace Officer’s Health Plan – Effective Upon Enactment

Sections 22-26: 

Peace officers employed with the Department of Public Safety who are not covered under a collective bargaining agreement but were at any time eligible to enroll in the group health insurance plan negotiated under Chapter 20 between the state and the State Police Officers Council Labor Union may participate in the union health insurance plan. In addition, a manager or supervisor who was previously covered under the collective bargaining agreement will not lose group health insurance benefits as provided by the agreement. A retiring peace officer participating in the group health insurance plan may continue participation in the group plan after retirement. Any savings realized from peace officers participating in the negotiated group plan will be retained by the Department of Public Safety.

In addition, Natural Resource officers not covered under a collective bargaining agreement but who were at any time eligible to be enrolled in the group health insurance plan negotiated under chapter 20 will be permitted to participate in the group health insurance plan negotiated under Chapter 20. Managers and supervisors no longer covered by the collective bargaining agreement will not lose group health insurance benefits as provided by the agreement. Retirees will have the option to continue participation in the group health insurance plan offered by the state. Savings calculated by the Department of Natural Resources are to be transferred to the state fish and game protection fund.

Division VII – Workers’ Compensation Disability Medical Benefits

Sections 27,28, 29:

Relating to Peace Officers Retirement System and IPERS: Any workers compensation benefit for past medical expenses or future medical expenses will not be offset against and not considered payable in lieu of any retirement allowance on account of the same disability. Any workers comp benefits for reimbursement of vacation or sick time or unpaid time off will not be payable in lieu of any retirement allowance.

Relating to IPERS: An employer must provide reasonable surgical, medical, dental, osteopathic, chiropractic, podiatric, physical rehabilitation, nursing, ambulance and hospital services and supplies for a member who is injured in the line of duty and is receiving an in-service disability retirement allowance.

Division VIII: Enforcement of Laws – Peace Officers Carrying Firearms

Sections 30-36: Prohibit a local entity from adopting or enforcing a policy or taking any other action that prohibits or discourages the enforcement of state, local or municipal laws.

Local entities cannot consider race, skin color, language spoken or national origin while enforcing state, local and municipal laws, except to the extent permitted by the U.S. or Iowa constitutions.

Those who believe a local entity has violated this chapter may file a complaint with the Attorney General. If the Attorney General determines a complaint is valid, he will notify the local entity, and may file a civil action to stop the behavior.

A local entity will be denied state funds for the fiscal year after a final judicial determination is made and a local entity will continue to be denied state funds until eligibility is reinstated. This will not apply to state funds for wearable body protective gear for law enforcement. The Department of Management will write rules to implement these sections.

Section 37: A peace officer cannot be prohibited from carrying a firearm while performing official duties.

Division IX: Assaults involving lasers, assaults upon certain classes of people, harassment, criminal mischief. This Division is effective upon enactment.

Sections 39: Pointing a laser at someone with the intent to cause pain or injury is added to the definition of assault. This doesn’t apply to an officer discharging duties, a health care professional providing professional services, or laser tag.

Section 40: Adds civilian employees of a law enforcement agency or fire department to the list of individuals who, when assaulted, the penalty for a defendant is enhanced.

Section 41: Adds that a person commits harassment in the first degree (aggravated misdemeanor) when that harassment occurs against another person who is lawfully in a place of public accommodation.

Section 42: It will be criminal mischief in the 2nd degree, a “D” felony, when a person damages publicly owned property.

Division X: Public Disorder. This Division is effective upon enactment.

Section 44: The penalty for rioting is increased from an aggravated misdemeanor to a class “D” felony.

Section 45: Increases the penalty for unlawful assembly from a simple misdemeanor to an aggravated misdemeanor and adds that it’s unlawful assembly if a person joins a lawful assembly but remains after the assembly becomes unlawful.

Section 46: Adds to the disorderly conduct Code section:

• It will be an aggravated misdemeanor for disorderly conduct if, while obstructing any street, sidewalk, highway or other public way intending to prohibit others from using them, a person obstructs or attempts to obstruct a fully controlled-access facility on a highway, street or road with specific speed restrictions; commits property damage; or is present during an unlawful assembly.
• It will be a “D” felony for disorderly conduct if, while obstructing any street, sidewalk, etc., a person is present during a riot, or causes bodily injury.
• It will be a “C” felony disorderly conduct if, while obstructing any street, sidewalk, etc., a person causes serious bodily injury or death.

Section 47: Creates the new crime of “Interference with Public Disorder Control.” When any person possesses a tool, instrument or device with the intent to suppress or disrupt law enforcement from legal deployment of a device to control public disorder, that person commits an aggravated misdemeanor.

Division XI – Eluding Law Enforcement, Acts on Highways, Civil Liability – Effective upon enactment.

Section 49: Adds that not stopping for an unmarked law enforcement vehicle driven by an officer, who doesn’t have to be in uniform, constitutes eluding.

Section 50: Prohibits operating a bicycle, skateboard, or other pedestrian conveyance or the presence of a pedestrian on a fully controlled-access facility. A violation will result in a ticket.

Section 51: A driver exercising due care who injures another person participating in a protest, demonstration, riot or unlawful assembly, or who is blocking traffic in a public street or highway, is immune from civil liability. If the driver is reckless or willful, there is no civil immunity. If the protest was conducted pursuant to a valid permit, there is no immunity for the driver.

Division XII: Window Tinting

Section 53: The prohibition against vehicle window tinting does not apply to a person who operates a motor vehicle owned or leased by any law enforcement agency if operating the vehicle is part of the person’s official duties.

Division XIII: Sheriff Salaries

Section 54: Requires a county compensation board to set the sheriff’s salary so that it is comparable to salaries paid to professional law enforcement administrators and command officers of the state patrol and DCI and police chiefs employed by cities of similar population.

Division XIV – Civil Service Commission Examinations

Sections 55-56: These sections require a city’s civil service commission to hire people with expertise to prepare and administer the original and promotional examinations approved by the commission. Previously, a commission could prepare and administer the examinations or hire experts.
[5/17: 27-18, party-line (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]

SF 343 – Access to certain confidential records

SF 343 is a fix to ensure that Department of Corrections staff, Community Based Corrections staff and Board of Parole staff have statutory authorization to access confidential information regarding offenders.

The bill provides that employees of the Department of Corrections and employees of the Judicial Community Based Corrections Districts have access to confidential information when authorized by the respective directors. This includes:

• Substance abuse diagnosis and treatment commitment information records
• Mental health information
• Confidential arrest warrant information
• Presentence investigation reports

Employees of the Board of Parole also will have access to pre-sentence investigation reports when authorized by the chair or a member of the board.
[2/17: 48-0 (Excused: Hogg, Nunn)]

SF 357 – Juvenile Detention

SF 357 comes from the Division of Criminal and Juvenile Justice Planning (CJJP) of the Iowa Department of Human Rights. The Division monitors juvenile detention facilities relating to the Juvenile Justice Delinquency Prevention Act, which was reauthorized in 2018. The federal law includes a new provision that prohibits states from placing a youth being prosecuted as an adult in an adult jail. This bill brings Iowa into compliance with the federal law.

• A judge or magistrate may authorize detention in an adult facility for six to 24 hours only if the facility serves a geographic area outside the standard metropolitan statistical area as determined by the U.S. Office of Management and Budget.
• A child charged in adult court will not be detained in an adult detention facility unless the court determines in writing after a hearing that it is in the best interest of the child and the community, considering:
  • The age of the child
  • The child’s physical and mental maturity
  • Present mental state of the child, including whether the child is at risk of harming themselves
  • Nature and circumstances of the alleged act
  • Prior delinquent acts
  • Availability of facilities to meet their needs, and protect the community and other detained children
  • Any other relevant factor
• If it is best for the child to be held in an adult facility, the following must apply:
  • Child will not have sight or sound contact with adult inmates
  • The court will hold a hearing at least once every 30 days, or every 45 days in a rural area, to review whether it remains in the best interest of the child and the community
  • A child will not be detained in an adult facility for more than 180 days except for good cause or the child waives the limitation.
    [3/10: 48-0 (Absent: Hogg, Nunn)]

SF 387 – Iowa Law Enforcement Academy and Veterans Educational Assistance Benefits

SF 387 requires the Iowa Law Enforcement Academy to amend its administrative rules to ensure its courses of study and training programs meet the requirements of nondegree programs under the Post-9/11 Veterans Educational Assistance Act of 2008, and apply to the Iowa Department of Education for approval. This would entitle certain service members and veterans to use funds appropriated under this Act to help with the tuition and costs of attending ILEA.

Previously, the agency hiring a law enforcement officer, the officer and the state each paid one-third of the cost of attending, with the law enforcement agency often paying two-thirds of the cost (covering the officer’s portion).
[2/23: 48-0 (Absent: Shipley, Nunn)]

SF 450 – Dependent Adult Abuse Causing Death

SF 450 creates a penalty of 2nd degree murder when a caretaker intentionally or recklessly commits dependent adult abuse that results in death.
[3/17: 47-0 (Absent: Hogg, Goodwin, Nunn)]

SF 562 – Sexual exploitation by an adult providing training or instruction

SF 562 adds an “adult providing training or instruction” to those who can be charged with sexual abuse or sexual exploitation under 614.1, sexual exploitation by a counselor, therapist or school employee. The legislation applies to any non-school employee 18 or older who provides paid training or instruction to a minor and is at least four years older than the minor. The charge only applies to an offense that occurs within the time the adult was received payment for the training or instruction and up to 30 days after.

It will be sexual exploitation by an adult who provides paid training or instruction if there is a pattern or practice or scheme of conduct or any sexual conduct with a minor to arouse or satisfy the sexual desires of the adult or the minor. Sexual conduct includes:

• Kissing
• Touching of the clothed or unclothed inner thigh, breast, buttock, anus, pubes or genitals
• A sex act as defined in Code section 702.17

If the adult engages in a pattern or practice or scheme to engage in any of the conduct described in the bill, the violation is a “D” felony. If the adult engages in any of the conduct with the minor, the violation is an aggravated misdemeanor.

The bill also removes the criminal statute of limitations relating to sex abuse of a minor and other sex crimes against minors. The previous statute for most sex crimes against minors was 15 years after the minor turns 18.
[4/28: 48-0 (Absent: Nunn, Schultz)]

HF 201 – Sex Offender Registry requirements and sexually motivated extortion

HF 201 relates to the sex offender registration. The bill:

• Makes sexually motivated extortion a Tier III sex offense. The determination of “sexually motivated” is made by a jury or the judge.
• Requires a sex offender who is registered in another state but resides, works or attends school in Iowa to register as a sex offender in Iowa under the other state’s duration requirements or under Iowa’s duration requirements, whichever is longer.
  [4/28: 47-0 (Absent: Hogg, Nunn, Schultz)]

HF 231 – Special Sentence for Sex Abuse Committed During a Burglary

HF 231 is intended to ensure that the sentence for a person who pleads guilty to or is convicted of sex abuse committed during a burglary, a class “B” felony, includes a sex offender special sentence. A special sentence for sex offenders requires that after an individual serves the sentence for the underlying crime, they must be placed on parole for supervision by Community Based Corrections, in this case, for life. The County Attorneys Association believes this crime was intended to be included in the crimes that would require a sex offender special sentence. An example of why this should require a special sentence is that current law requires a special sentence if a person is sexually assaulted outside of their home; therefore, they argue, it should be the same when a person is sexually assaulted inside their home.
[2/17: 49-0 (Excused: Nunn)]

HF 232 – Disorderly Conduct

HF 232 requires a person to intentionally or recklessly cause unreasonable distress to the occupants of a residence or building to be guilty of the crime of disorderly conduct. Intent or recklessness was not previously required.
[2/9: 48-0 (Excused: Hogg, Nunn)]

HF 233 – Unauthorized Disclosure of Intimate Images – Civil Damages

HF 233 creates the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act,” which provides a civil cause of action for an individual who has been harmed by the unauthorized and intentional sharing of an intimate image. Many states, including Iowa, have passed criminal laws penalizing unauthorized sharing of such images. This bill provides a remedy that the criminal law does not.

A civil cause of action for damages can be pursued under these circumstances:

• The person disclosing the image knew or acted with reckless disregard because:
• The depicted individual did not consent to the disclosure
• The intimate image was private
• The depicted individual was identifiable
• It is not consent to disclosure if:
• The depicted individual consented to creation of the image
• The depicted individual previously consented to disclosure of the image
• The depicted individual had a reasonable expectation of privacy even if the image was created in a public place
• Exceptions to liability include:
• In law enforcement
• A legal proceeding
• Medical education or treatment
• Made in good faith in the reporting or investigation of:
• Unlawful conduct
• Unsolicited and unwelcome conduct
• Related to a matter of public concern or public interest
• Reasonably intended to assist the depicted individual
• A parent or guardian is not liable for disclosure of the images unless the disclosure of the image is prohibited by law or unless the image was made for inappropriate purposes as listed in the Act.

An action brought under this Act entitles the Plaintiff to exclude or redact from the pleadings any documents with identifying characteristics.
[4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 282 – Abuse of a corpse

HF 282 increases the criminal penalty for abuse of a corpse from a “D” felony to a “C” felony. “D” felonies are punishable by up to five years in prison and a fine of $1,025 to $10,245. “C” felonies are punishable by up to 10 years in prison and a fine of $1,375 to $13,660. A person commits abuse of a human corpse if the person mutilates, disfigures or dismembers a human corpse with the intent to conceal a crime; or hides or buries a human corpse with the intent to conceal a crime.
[4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]

HF 309 – Non-disclosure of personal information of tax-exempt organizations

HF 309 prohibits a public agency from seeking disclosure of personal information from a 501(c) tax-exempt organization that would reveal the identity of a member, supporter, volunteer or donor. Additionally, public agencies cannot request from a current or potential contractor a list of tax-exempt organizations that the contractor has supported.

• Personal information may be disclosed pursuant to a lawful warrant or discovery request when there is a compelling need for the information by clear and convincing evidence.
• Disclosure of personal information is permitted when there is an agreement between an organization and a public agency.
• Personal information is exempt from the definition of public records under Code Chapter 22.
• Those who violate this law are subject to civil and criminal penalties.
  [4/13: 45-1 (No: Garrett; Absent: Hogg, Lofgren, Nunn, Rozenboom)]

HF 361 – Guardians Ad Litem for Certain Child Prosecution Witnesses

HF 361 changes the definition of “child” to include all those under 18. Thus, all child prosecution witnesses in cases involving sex abuse, human trafficking, incest, neglect or abandonment of a dependent person, and child endangerment or sexual exploitation of a minor are entitled to have a guardian ad litem. The GAL must be a practicing attorney and file reports with the court as required.

This bill comes from the County Attorney Association. Members of the Association provided examples of cases in which minor victims aged 14, 15, 16 and 17 had a parent or guardian who did not provide support and were not looking out for the child’s best interests in criminal proceedings.
[4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 365 – Service of Notice of Garnishment

HF 365 allows a sheriff to serve a notice of garnishment by electronic means in addition to the options of personal service, certified mail or first-class mail. The garnishee may return service in the same manner, and is to submit the answers to the notice of garnishment within 21 days of service. This bill comes from the Sheriffs and Deputies Association. When a sheriff sends a notice of garnishment to a garnishee in a different county, the sheriff must notify the sheriff of the garnishee’s county as well.
[4/28: 48-0 (Absent: Nunn, Schultz)]

HF 391 – Controlled substances, precursor substances and schedules

HF 391 amends the controlled substances and precursor substances schedules in the Iowa Uniform Controlled Substances Act and precursor substances chapter. The changes conform Iowa law with federal law. The final bill also addresses hemp products that exceed .03% THC by limiting all cannabidiol and hemp products to a maximum of .03%.
[4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]

HF 424 – Forfeiture of Bail

HF 424 allows a court to set aside a judgment forfeiting a defendant’s bail if, within 150 days from the date of the judgment, the defendant voluntarily surrenders to the sheriff; or the bondsperson (surety), at their own expense, delivers the defendant or facilitates delivery of the defendant to the sheriff. The court can also set aside the judgment if, after considering all of the circumstances, it would be warranted.

Previously, the judgment could be set aside within 90 days, so this bill provides additional time and gives the court authority to set aside the judgment, regardless of whether the defendant surrenders or is “delivered.”
[4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 426 – Sexual Assault Kit Tracking System

HF 426 establishes an automated sexual assault evidence collection kit tracking system within the Crime Victim Assistance Division of the Attorney General’s Office. The system allows victims, county attorneys and others that have custody of the kits to track their location and status. The Crime Victim Assistance Division has already implemented the tracking system with a federal grant.

Legislation will ensure specific requirements for the tracking system:

• The manufacturer or distributor of the kits enters information on new, unused kits and documents when a kit is given to a health care provider.
• Each health care provider enters kit information into the tracking system within 48 hours of receipt.
• When victims of sexual assault consent to a forensic medical exam and preservation of the evidence, the health care provider contacts law enforcement to collect and store the kit.
• The location of the kit is updated each step of the way.
• When a kit is transferred to the lab, that information is entered into the system.
• Results of testing are entered into the system, and the kit is returned to the law enforcement agency.
• Victims have decision-making ability throughout the process, and are apprised of their rights and ability to request notification about the status of the kits.
• Kits will be kept for 15 years.
• The Victim Compensation Fund pays for any healthcare-related costs for the exams and lab fee.
  [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 433 – Court Reporters

HF 433 will help ensure court sessions can be recorded by a court reporter. There is a shortage of court reporters in Iowa with multiple vacancies across the state.

The bill has two distinct parts:

• Court Reporter Certification – The bill authorizes a judge to appoint a competent, uncertified court reporter for up to one year if a vacancy occurs and the chief judge verifies that a diligent, but unsuccessful, search has been conducted to appoint a certified court reporter to the position.
• Adoption Proceedings – This bill would authorize electronic recording for adoption proceedings.
  [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 435 – Emergency contact information for DOT

HF 435 sets up a system whereby the Iowa Department of Transportation (DOT) will include emergency contact information in its database of registration, titles and driver’s license information. 

• When a person applies for a driver’s license or nonoperator’s ID card, the DOT will request that the applicant supply up to two emergency contacts.
• Iowans will not be required to provide the emergency contact information; it is voluntary.
• The emergency contact information will be accessed when a person who is involved in a motor vehicle accident or emergency situation dies, is seriously injured, or rendered unconscious and cannot communicate.
• If the applicant for the driver’s license is under 18, one of the emergency contacts must be the parent, guardian or custodian.
• Effective date is January 1, 2022.
  [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 452 – Human trafficking and practice of massage therapy, cosmetology

HF 452 is part of a statewide effort to stop human trafficking under the guise of massage therapy and cosmetology services.

The bill:

• Requires that anyone who claims to be licensed in massage therapy or cosmetology present a copy of their professional license and a government-issued ID upon request of a peace officer investigating a complaint of illegal services. Failure to provide these documents is a serious misdemeanor.
• Any advertisement or announcement to the public advertising massage therapy or cosmetology services that falsely represents a person as licensed or offers services that violate state law is a serious misdemeanor.
• Adds a definition of “forced labor services” to include knowingly providing or facilitating a forged, altered or fraudulent license, or government-issued ID to facilitate or force, etc., another person to perform labor services, or to present such documents to law enforcement.
• Adds a definition of “forced labor services” to include knowingly forcing another person to do an act in violation of state or federal law through debt bondage or servitude, or as a condition of staying in the U.S.
• A person who knowingly engages in human trafficking by providing fraudulent documents to facilitate forced labor services or to provide the documents to a peace officer is guilty of an aggravated misdemeanor. If the other person is a minor, it’s a “D” felony.
• It’s a “D” felony for any person who controls a building or structure to knowingly allow it to be used for human trafficking.
• It will be an affirmative defense to crimes in the bill that the defendant is a victim of human trafficking.
• Establishes “restorative expenses” that a person convicted of human trafficking must pay to victims.
  [4/28: 48-0 (Absent: Nunn, Schultz)]

HF 561 – Mechanic’s Liens

HF 561 includes two distinct parts:

1. A perfected lien will be limited to the county or counties in which the building, land or improvement to be charged is situated. When property is located in more than one county, the lien must be filed more than once for each county, and a contractor at times must post a bond for each lien filed relating to the same property.
2. In an action brought upon a bond given in lieu of a mechanic’s lien, the prevailing plaintiff may be awarded reasonable attorney fees. In an action to defend any bond given in lieu of a mechanic’s lien on residential construction property, if the person defending against an action on the bond prevails, the court may award reasonable attorney fees and actual damages.

The bill has a delayed effective date of January 1, 2022, for the Secretary of State to make necessary software changes.
[4/13: 46-0 (Absent: Hogg, Lofgren, Nunn, Rozenboom)]

HF 603 – Sexual Assault Forensic Examiners

HF 603 establishes a sexual assault forensic examiner program to be administered by the Victim Assistance Division of Iowa’s Department of Justice. The Division will establish training and provide technical assistance to sexual assault examiners and sexual assault nurse examiners. An advisory committee will work with the Division to develop the program. Monies from the Victim Compensation Fund may be used to support the program.

The program will:

• Maintain a list of sexual assault examiners and sexual assault nurse examiners who have completed the training.
• Develop and provide online training to treatment facilities for sexual assault examiners.
• Create uniform materials that all treatment facilities and federally qualified health centers must provide to patients and non-offending parents or guardians regarding medical forensic examination procedures and laws about consent related to medical forensic services, benefits and risks of evidence collection, and recommended time frames for evidence collection.
• Update statewide sexual assault protocols and provide technical assistance upon request to health care professionals.
  [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 621 – No Civil Liability for Firearms Manufacturers, etc.

HF 621, along with numerous other Republican bills limiting civil liability, provides that no civil action may be brought against a firearm or ammunition manufacturer, importer, distributor, trade association, seller or dealer when the design, manufacture, marketing, or sale of a firearm, firearm accessory or ammunition for a firearm comports with the law.

In addition, no civil action can be brought or maintained against a manufacturer, distributor, etc., to recover damages resulting from the criminal or unlawful misuse of a firearm, firearm accessory or ammunition for a firearm by a third party.

If there is an action brought against a manufacturer, etc., that is prohibited by this bill, the action must be dismissed, and the defendant will be awarded reasonable attorney’s fees and costs.

Actions may be brought against a manufacturer, distributor, etc., for breach of contract or warranty, for damage or harm to a person or property because of a defective firearm or ammunition, or for injunctive relief to enforce a valid statute, rule or ordinance.
[3/22: 31-17, party-line (Absent: Kinney, Nunn)]

HF 699 – Nonsubstantive Code Editor’s Bill

HF 699 is the Nonsubstantive Code Editor’s bill, submitted each year to make Code changes that generally exceed the Code Editor’s editorial authority, but that are considered to be nonsubstantive and noncontroversial in nature. In some cases, the changes are within the Code Editor’s authority but are significant enough that public notice of the changes is considered important.
[4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 709 – Pre-trial contact between minor prosecution witness, defendant

HF 709 adds a new section to the Victims’ Rights Chapter in the Iowa Code. The bill provides that a prosecuting witness under 18 has the right to an interview or deposition taken outside the presence of the defendant. Closed-circuit television may be used for an interview or deposition so that the defendant can view the interview or deposition. Some other form of viewing may be used as long as the defendant does not have contact with the minor. The defendant can communicate electronically with their attorney who is in the room where the minor is being interviewed or deposed.
[4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]

HF 710 – Child Endangerment – Sex Offender

HF 710 adds a new section to Iowa’s Child Endangerment statute. It will be child endangerment when a registered sex offender whose offense was a sex offense against a minor has control of or unsupervised access to a minor. Previously, a parent or guardian who allowed a registered sex offender to have control of or unsupervised access to a minor committed child endangerment. This bill adds that the sex offender will also be committing child endangerment.

The crime of child endangerment does not apply in these situations:

• When the sex offender is the legal parent or guardian of the minor and the control or unsupervised access is not otherwise illegal.
• When the sex offender is married to and living with the legal parent or guardian of the minor and the control or unsupervised access is not otherwise illegal.

Any violation is a “D” felony, which can result in up to five years in prison and a fine.
[4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom)]

HF 739 – Substantive Code Editor’s Bill

HF 739 is the Substantive Code Editor’s Bill, which is submitted annually pursuant to Iowa Code Section 2B.6 and Joint Rule 11. The bill includes:

• Completion of the effort to update and correct string citations by changing the word “to” to “through” and determining whether all of the Code sections are actually intended to be referenced in the citation. This is done to clarify citations and ensure the correct Code sections are tagged and linked properly.
• Changing “herein,” “hereinbefore,” “aforesaid,” “above,” “hereinafter” and similarly vague internal references, or by striking the references, to clarify the meanings of the Code sections amended.
• Conforming language either in the same section or elsewhere in the Code to improve readability and consistency.
• Corrections to language due to oversights in or conflicts between legislation or codification issues.
• A correction to an outdated rule-making provision that does not reflect current practice.
• Updates to other archaic language and style to conform to current Code style.
• Repeals of obsolete provisions.
  [4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 743 – Public Defender Representing Indigent Adopting Parents

HF 743 adds an additional duty to a local public defender’s office. Under the bill, a local public defender must represent an indigent party who files a petition to adopt a child when the local public defender’s office was previously involved in the termination of parental rights proceeding relating to the child. These relate only to Chapter 232 termination of parental rights cases which are state initiated. If there is a conflict of interest, the adoptive parents must be referred to outside counsel who has contracted with the state public defender.
[5/17: 44-0 (Absent:  Celsi, Goodwin, Johnson, Nunn, Schultz, Williams)]

HF 746 – Statute of Limitations for Veterinary Malpractice

HF 746 adds a new section to Code Chapter 169 relating to veterinary practice. The bill provides a statute of limitations for an action brought for professional negligence or malpractice against a veterinarian. A person will have two years after the date the claimant knew, or should have known, or received notice of the injury for which damages are being sought, to bring an action against a veterinarian. The bill specifies that the action for professional negligence relates to damage to property and says that property includes an animal.
[4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 753 – Causing death while speeding in excess of 25 MPH

HF 753 relates to a person who, while speeding, causes an accident that results in the death of another. If a person exceeds the posted speed limit by 25 miles per hour or more, and the person’s speeding causes the death of another person, it will be considered “Homicide by Vehicle.” This is a class “C” felony, punishable by up to 10 years in prison and a fine. This section does not apply to a member of a public safety agency while performing official duties.
[5/5: 48-0 (Absent: Hogg, Nunn)]

HF 756 – No background checks for private transfers of firearms

HF 756 makes significant changes to Iowa’s firearms permitting laws by doing away with requirements for permits to acquire and permits to carry. The bill:

• Does away with Iowa’s law requiring a permit to acquire for purchasing a pistol or revolver. That means no expanded background check by a sheriff and no three-day waiting period to purchase a handgun. No background checks whatsoever would be required for private sales.
• Does away with the requirement for a permit to carry a weapon in public. Without the requirement for a permit to carry, people without any type of firearms training can carry in public.
• Therefore, a person can purchase a firearm from a private seller without a background check and then carry it anywhere in public without any firearms training or showing of proficiency.

Other sections of the bill include:

• Individuals don’t need a permit to carry in the Capitol or on Capitol grounds. However, open carry is prohibited.
• It will be an aggravated misdemeanor if a person goes armed with a dangerous weapon and uses it in committing a crime. However, if a person is armed with a dangerous weapon with the intent of using it against another person, it will be a “D” felony.
• The bill allows all certified peace officers, including federal officers, to carry on school grounds at any time when their job requires them to be armed at all times.
• Allows certain Emergency Care Providers (EMCs) to be issued a professional permit to carry when the EMC is attached to a law-enforcement tactical team, trains with the tactical team, and must complete the firearms training and additional training along with the tactical team.
• The Department of Public Safety must approve organizations—in addition to the NRA—that will certify handgun-safety training instructors. But because there is no requirement for a permit to carry, training is not required.
• Prohibits local governments from passing regulations on “carrying” firearms or other weapons. Previous law prohibited local governments from regulating the ownership, possession, legal transfer, lawful transportation, modification, registration or licensing of firearms, but did not include “carrying” in the prohibition.
• Tenants’ Possession and Storage of Firearms:
  • Landlords, including manufactured-housing park owners/managers, who receive any type of government rental or housing assistance cannot prohibit or restrict the lawful ownership, use or possession of a firearm, firearm component or ammunition within the tenant’s rental unit. Possession or storage of a firearm by a tenant does not constitute a clear and present danger.
  • Landlords have liability protection from damages resulting from a firearm, etc., that the landlord must allow on the property, unless the landlord is willful, reckless or engages in gross negligence.
    [3/22: 31-17, party-line (Absent: Kinney, Nunn)]

HF 757 – Drivers Licenses and Ignition Interlock Devices

HF 757 aims to improve compliance with certain driver’s license restrictions imposed on those with OWIs (Operating While Intoxicated) and other offenses. The bill:

• Requires an ignition interlock device (IID) to be installed only on vehicles operated by a first-time OWI offender. Previous law required that ignition interlock devices be installed on all vehicles OWNED or operated by the offender. The cost of installing devices on all vehicles owned or operated is a disincentive to compliance.
• Allows those caught driving with a suspended or revoked driver’s license to be eligible for a temporary restricted license (TRL). Previously, if a person is caught driving with a suspended, barred, revoked, etc., license, the Department of Transportation must extend the period of suspension, revocation, etc., for a like period of time and not issue a temporary restricted license.
  [4/28: 48-0 (Absent: Nunn, Schultz)]

HF 821 – Civil Cause of Action for making false reports to law enforcement

HF 821 provides that when a person harasses another by reporting false information to law enforcement implicating the other person in criminal activity knowing that the information is false, or reports the alleged occurrence of a criminal act knowing the act did not occur, the victim of the harassment may bring a civil suit against the person who filed the false report or information.
[4/21: 46-0 (Absent: Nunn, Mathis, Schultz, Whiting)]

SF 457 – Criminal surcharge, court debt, restitution (technically an Appropriations bill)

SF 457 relates to surcharges added to criminal penalties, court funds, civil fees, misdemeanors and felony fines. The initial impetus was to establish a dedicated funding stream for the Division of Criminal Investigation crime lab. There has been a lot of concern about the length of time it takes to test sexual assault kits and the delay is caused by lack of staff and equipment at the lab. However, the bill grew to be much more.

Under the bill, a percentage of the crime services surcharge (renamed in the bill from “criminal penalty surcharge” to “crime services surcharge”) that is added to criminal fines is designated specifically for the crime lab. The remaining criminal surcharge monies will go to the Juvenile Detention Home Fund, Victim Compensation Fund, and the Drug Abuse Resistance Education Fund under the control of the Office of Drug Control Policy.

To divert money to the crime lab and other entities not previously funded by the surcharge while not reduce General Fund receipts, the bill makes multiple changes to the Iowa Code that are intended to be “revenue neutral” to the General Fund.

The bill does the following:

• Increases numerous scheduled fines and non-scheduled fines for simple misdemeanors, serious misdemeanors, aggravated misdemeanors, “D” felonies and “C” felonies.
• Reduces the criminal surcharge that is added to all criminal fines from 35% to 15%.
• Removes a number of surcharges that are added to fines for certain crimes.
• Increases certain civil filing fees.
• Deposits increased fines and civil filing fees into the General Fund.
• Distributes crime services surcharges to specified purposes.
• Makes changes to Iowa’s Court Debt Collection system.
• Changes the definition of restitution relating to costs owed by a defendant, and specifies which restitution is subject to a defendant’s ability to pay and which is required.
• Increases the amount the Judicial Branch may deposit in the Court Technology and Modernization fund.
• Creates an “Iowa Emergency Food Purchase Program Fund” to be administered by the Department of Agriculture and Land Stewardship.

Additional details on the legislation:

Division I – Criminal Surcharge Changes, City Fines and Domestic Violence Court Costs:

• Under previous law, a 35% surcharge was added to the criminal fine required to be paid by the defendant. The bill changes the name to “crime services surcharge” and reduces the surcharge from 35% to 15% of the criminal fine.
• All crime services surcharge monies will be retained by the State (under previous law, 5% stayed with the city or county where the offense occurred) and will be distributed as follows:
• 46% to the Juvenile Detention Home Fund.
• 32% to the Victim Compensation Fund administered by the Victim Assistance Division of the Attorney General’s Office.
• 20% to the existing Criminalistics Laboratory Fund (Code Section 691.9).
• 2% to the Drug Abuse Resistance Education Fund created in the bill.
• The bill creates an “Agricultural Property Offense Surcharge” of $500 to be added to the fine for a conviction of theft of agricultural property, or a conviction of criminal mischief by damaging, defacing, altering or destroying agricultural property. This money will go to the Iowa Emergency Food Purchase Program Fund to be administered by the Department of Agriculture and Land Stewardship.
• The bill eliminates the drug abuse resistance education (DARE) surcharge of $10, which has been assessed for offenses in chapter 321J (OWI) or chapter 124, subchapter IV (controlled substances).
• The bill eliminates the Law Enforcement Initiative Surcharge, a $125 assessment added to criminal fines when a defendant is convicted certain crimes.
• The bill removes the $5 County Enforcement Surcharge on scheduled violations.
• Division I reduces court costs for scheduled violations from $60 to $55.
• Fines for violations of county ordinances will be distributed 91% to the State and 9% to the county. Of the amount remitted to the State, 1.3% must be deposited in the Emergency Medical Services Fund.
• Distribution of fines and forfeited bail to cities when the city is the plaintiff in an action will be 80% to the city and 20% to the state. Under previous law, it was 90% to the city and 10% to the state.

Division II – Court Funds:

• Under previous law, two technology funds in Code benefitted the Judicial Branch, the Enhanced Court Collections Fund (602.1304) and the Court Technology and Modernization Fund (602.8108). They receive a combined $5 million “off the top,” meaning the Judicial Branch did not deposit that $5 million into the General Fund when court debt was collected, but kept $5 million of its collections and deposited it into the funds– $1 million to the Court Technology and Modernization Fund, $4 million to the Enhanced Court Collections Fund.
• The bill does away with the Enhanced Court Collections Fund, but maintains the Court Technology and Modernization Fund and provides that $7 million be deposited directly into that fund. (Code Section 602.8108)

Division III – Civil Fees and Court Costs

• Division III increases civil filing fees for various filings, including some family law filings. Many of the filing fees are increased by $10.
• The bill does away with the filing fee for a petition for adoption.

Division IV – Fines for Scheduled Violations:

• The bill changes various non-scheduled simple misdemeanors to simple misdemeanors punishable as scheduled violations, meaning there is generally no need to show up to court. The violator receives a ticket with the applicable fine and court costs. These include:
• Speeding by an implement of husbandry
• Registration violations
• Unlawful possession of a traffic control device
• Leaving the scene of an accident – property damage only
• Striking an unattended vehicle
• Striking fixtures upon a highway
• Failure to yield to a funeral procession
• Violations relating to clearing up a wreck
• Improper performance ability of motor vehicle breaks
• Division IV increases fines for multiple scheduled violations, primarily motor vehicle related offenses, such as speeding. It also includes scheduled violations relating to navigation, recreation, hunting and fishing, and more.

Division V – Fines for Non-Scheduled Misdemeanors and Felonies – The bill increases fines for:

• Simple misdemeanors from between $65 and $625 to between $105 and $855.
• Serious misdemeanors from between $315 and $1,875 to between $430 and $2,560.
• Aggravated misdemeanors from between $625 and $6,250 to between $855 and $8,540.
• For “C” felons, not a habitual offender from between $1,000 and $10,000 to between $1,370 and $13,660.
• For “D” felons, not a habitual offender from between $750 and $7,500 to between $1,025 and $10,245.

Division VI – Crime Lab Fund – Specifies that crime services surcharges will be deposited in the fund and expands how it may be used.

Division VII – Drug Abuse Resistance Education Fund – Creates the Drug Abuse Resistance Education Fund under the control of the Governor’s Office of Drug Control Policy and specifies that crime services surcharges are to be deposited in the Fund.

Division VIII- Emergency Medical Services Fund – Specifies that the 1.3% of the state receipts for violations of county ordinances will go the EMS Fund.

Division IX – Juvenile Detention Home Funding Changes

• Specifies that a portion of Crime Services Surcharges will go to the Juvenile Detention Home Fund.
• Removes the $200 reinstatement fee when a driver’s license is suspended for traffic violations (not OWI). This money was previously funneled through the Department of Transportation to the Juvenile Detention Home Fund.

Division X – Nonresident State Park User Fee Pilot Program

• A fee of $5 will be charged for entrance to Lake Manawa State Park and Waubonsie State Park if the driver of a vehicle is a nonresident of Iowa. This amends Code language relating to nonresidents entering these parks.
• Creates a scheduled fine of $15 for failure to pay the entrance fee.

Division XI – Iowa Emergency Food Purchase Program

• Creates the Iowa Emergency Food Purchase Program Fund administered by the Department of Agriculture and Land Stewardship to “relieve situations of emergency” experienced by families or individuals in need.

Divisions XII and XIII – Civil Claims for Reimbursement (Jail Fees) and Criminal Restitution:

• Prohibits sheriffs from filing the jail costs owed by a defendant with the clerk of court for restitution.
• To recoup defendant’s jail charges, a sheriff must file a civil suit.
• Creates three categories of restitution:
  • Pecuniary damages, which is victim restitution
  • Category A restitution, which is fines, penalties and surcharges
  • Category B restitution, which goes to local anticrime organizations that assist law enforcement in an offender’s case, crime victim compensation reimbursements, restitution to public agencies that responded to an accident, etc., as a result of driving drunk, court costs, court-appointed attorney fees and reimbursement to a medical assistance program.
• Establishes that Victim Restitution (pecuniary damages) and Category A restitution are not subject to a defendant’s ability to pay.  
• Category B restitution is subject to a determination of a defendant’s ability to pay and may be reduced based on that determination.
• Requires that payments made pursuant to a court restitution order and payment plan first go toward victim restitution. 
• Requires that defendants fill out a financial affidavit form regarding ability to pay Category B restitution. The Iowa Supreme Court will create the form.
• An offender who cannot pay all or part of category B restitution may be ordered to perform public service.
• An offender is presumed to have the reasonable ability to pay all restitution.
  • Defendant must request a hearing regarding their ability to pay and provide the completed financial affidavit
  • Defendant must prove by a preponderance of evidence their inability to pay the full category B restitution.
• Any previous temporary, supplemental or order that does not contain a determination of the defendant’s reasonable ability to pay is converted to a permanent restitution order.

These Divisions are effective upon enactment.

Division XIV – Court Debt Collection – Removes the private debt collection designee from Iowa’s court debt collection scheme and replaces it with the Department of Revenue.

Miscellaneous Changes:

• Removes Code references allowing clerks of court to add surcharges to criminal fines and requires a judge to assess them.
• Amends 911.2B of the Code relating to surcharges assessed for funding the Address Confidentiality Program administered by the Secretary of State. The bill combines the surcharge for violations of domestic abuse protective orders (previously $50) with the surcharge assessed on convictions of domestic abuse assault, sexual abuse, stalking and human trafficking (previously $100), and makes all violations subject to a $90 surcharge. All money continues to go to the Address Confidentiality Program.
• Illegal passing of a school bus, first offense: Increases the fine range for illegally passing a school bus and allows the Department of Transportation to require offenders to take a driver improvement class in lieu of a 30-day license suspension. The DOT has already done this through rulemaking.
  [6/13: 47-0 (Absent: Greene, Hogg, Lykam)]

SF 458 – Debts for which the homestead is liable

SF 458 relates to mechanic’s liens and the homestead. Under Iowa law, a homestead (generally protected from debtors) may be subject to a judicial sale to satisfy some debts, including those incurred for work done or material furnished for improvement of the homestead, usually when a mechanic’s lien is filed. The bill clarifies a homestead may be sold to satisfy debts secured by a mechanic’s lien and may include reasonable attorney fees. A homestead may also be sold to satisfy debts for work done or material furnished, including principal and interest on any note securing the purchase of material to improve the homestead. The bill was effective upon enactment.
[6/13: 47-0 (Absent: Hogg, Greene, Lykam)]

SF 526 – Blue alert program

SF 526 creates a “Blue Alert” program, a cooperative effort between the Department of Public Safety and local law enforcement agencies, to aid in searching for a suspect in a crime involving death or serious injury to a peace officer in the line of duty or a peace officer who is missing. Upon notification from a law enforcement agency of the death or serious injury of a peace officer, the Department of Public Safety communications center will activate a blue alert under these circumstances:

• The suspect has not been apprehended.
• Law enforcement believes the suspect may be a serious public threat.
• Sufficient descriptive information is available for the public to assist in locating the suspect.

There are liability protections for an individual or entity that initiates or terminates a blue alert when acting reasonably and in good faith.
[3/27/2019: 48-0 (Absent: Breitbach, Nunn)]

SF 2097 – Indecent exposure amendments

SF 2097 amends Iowa’s indecent exposure Code section and increases the penalty for masturbating in public in the presence of a child.

• The bill adds a definition of masturbate to mean, “physical stimulation of a person’s own genitals in public for sexual gratification or arousal, regardless of whether the genitals or public area is exposed or covered.” Previously, a person’s genitals must be exposed.
• To be guilty of indecent exposure by masturbating, the following apply:
  • The person does so to arouse sexual desires of either party.
  • The person knows or reasonably should know that the act is offensive to the viewer.
• Masturbating in public in the presence of another person who is not a child is a serious misdemeanor.
• Masturbating in public in the presence of a child is an aggravated misdemeanor.
  [6/10: 49-0 (Absent: Feenstra)]

SF 2182 – Public Defender pilot project in child welfare cases

SF 2182 relates to the Parent Representation Project that the State Public Defender will participate in. It uses a team approach to help struggling families involved in the child welfare system.

Currently, a pilot project, funded by a mix of state, federal and private dollars, operates in Dubuque, Black Hawk, Linn and Jackson counties. Apparently, Legal Aid and the Middleton Children’s Center at the Drake Legal Clinic have provided legal representation to the families.

The goal is to provide legal representation to indigent parents prior to formal juvenile court proceedings.

This bill would allow the State Public Defender to provide legal representation prior to formal court proceedings and would expand the project to additional counties. Federal funds will be available to the Iowa Department of Human Services, which plans to enter into a memorandum of understanding with the State Public Defender.

The money will pay contract attorneys to represent families involved with the Department of Human Services prior to formal court proceedings being initiated. Previously, a public defender could only be appointed after formal court proceedings were initiated.
[6/4: 49-0 (Absent: Hogg)]

SF 2187 – Uniform Protected Series Act amendment

SF 2187 adds a provision to the Uniform Protected Series Act, which passed in 2019. A Protected Series is a type of limited liability company. The bill provides for uniform construction and application of the Act.

SF 569 from 2019 expanded and clarified the law relating to series limited liability companies. The bill requires that “consideration will be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform protected series Act as approved and recommended by the National Conference of Commissioners on Uniform State Law.” This fix comes from the Iowa State Bar Association.
[3/2: 49-0 (Absent: Wahls)]

SF 2191 – Payment of required medical aid for jail prisoners

SF 2191 was a Sheriffs and Deputies Association priority to address the costs of medical aid that must be provided to prisoners in county jails or municipal holding facilities. This bill is the result of stakeholders, including the Iowa Hospital Association, reaching agreement on who should pay for prisoner medical costs.

Previously, counties paid for all charges and expenses for the “safekeeping and maintenance of (their) prisoners” except:

• Prisoners detained by authority of the federal courts. The federal government pays the cost.
• Prisoners committed for violation of a city ordinance. The city pays the costs.
• Prisoners detained from another state. The entity from the other state pays the costs.

The bill adds language relating to who is responsible for the medical costs of prisoners and sets out a process for payment. The bill:

• Establishes that a prisoner has the primary responsibility to pay for required medical aid while they’re in jail.
• Requires that the governmental entity request information from a prisoner about available sources, health insurance and other benefits at the time of intake into the county jail or municipal holding facility.
• Requires a hospital or medical provider to request available sources of health insurance or other benefits from the governmental entity and the prisoner at the time of intake at the hospital or medical provider. The hospital or medical provider must use the health insurance or other benefits identified prior to requesting reimbursement from a governmental entity.
• Any amount not met by health insurance or another benefit are the responsibility of the prisoner.
• If health insurance is denied or other benefits are not available to pay for medical aid provided, the hospital or medical provider will submit a bill to the governmental entity within 60 days of treatment or will submit any written denial of coverage to the governmental entity within 60 days of receipt of the denial.
• The hospital or medical provider will be reimbursed at a rate negotiated by the governmental entity and the provider. If no rate is agreed to, the reimbursement rate will be the provider’s Medicaid rate for treatment.
• Cities and counties may seek reimbursement from a prisoner for the costs of medical aid they incur.
  [3/4: 47-1 (No: R. Taylor; Absent: Rozenboom, Wahls)]

SF 2225 – Theft in the third degree and robbery in the first degree “fixes”

SF 2225 has a fix for an error in SF 589, the 2019 criminal omnibus bill.  There is a change in the amount stolen to qualify as theft in the third degree when a person has previous thefts. To be charged with theft in the third degree, a person must steal property valued at $750 up to $1,500. However, if a person steals property that doesn’t exceed $750 but has two previous theft convictions, it will be considered theft in the third degree.
[3/2: 49-0 (Absent: Wahls)]

SF 2232 – Iowa Trust Code amendments

SF 2232 comes from the Iowa Academy of Trust and Estate Counsel (ITEC). It amends Iowa’s Trust Code to provide flexibility for Iowans creating trusts and aims to reduce the flow of trust business to South Dakota, which has more liberal trust laws. The bill:

• Allows a trustee to create a new trust and place the first trust assets into a second trust to increase trust flexibility. This codifies a practice called “decanting,” which had been allowed per common law.
• Changes the age at which beneficiaries must receive notices about a trust benefitting them, along with copies of the trust and an annual accounting. The law had required that a beneficiary 18 or older receive notices and accountings related to the trust. The bill changes the age to 25. Trust beneficiaries between 18 and 25 will have a designated surrogate to receive the notices if the trust instrument or trust protector so directs.
• Allows for “unbundling of trustee functions,” meaning a trust could have multiple trustees with different functions, such as “an administrative trustee” responsible for accounting and tax compliance, a “distribution director” to make distribution decisions, and an “investment director” to make investment decisions. In addition, the bill allows for a non-fiduciary “trust protector” to make decisions that are not fiduciary in nature.
  [2/24: 50-0]

SF 2259 – Immunity protections for donations of public safety equipment

SF 2259 allows a fire department, emergency medical services provider or a law enforcement agency to donate used vehicles or equipment to an organization that provides fire response or emergency medical services, or to a law enforcement agency. Any entity making good-faith donations of vehicles or equipment is immune from civil liability for any claim arising from damages related to the donated vehicles or equipment. The bill provides immunity to the state and governmental subdivisions that donate vehicles and equipment.
[2/27: 49-0 (Absent: Miller-Meeks)

SF 2275 – Eluding a law enforcement vehicle

SF 2275 enhances penalties for a defendant convicted of or pleading guilty to eluding a second or subsequent time. A person who eludes or attempts to elude a marked law enforcement vehicle driven by a uniformed peace officer who has given the stop signal will be guilty of an aggravated misdemeanor if it is a second or subsequent eluding violation. A first violation is a serious misdemeanor.

If a defendant is found guilty a second or subsequent time for eluding or attempting to elude a marked law enforcement vehicle while driving 25 miles per hour above the speed limit, or has previously been found guilty under subsection 3, it is a D felony. It had been an aggravated misdemeanor.

Subsection 3: If a defendant eludes or attempts to elude a marked law enforcement vehicle after being given the stop signal and is exceeding the speed limit by at least 25 miles per hour under the following circumstances, it is a D felony if:

• The driver is participating in a felony.
• The driver is operating while intoxicated.
• Another person experiences bodily injury.
• The driver is in possession of drugs.

A second or subsequent violation of subsection (3) is a C felony.

The bill prohibits any deferred sentence or deferred judgment if a driver is eluding by 25 miles per hour or more over the speed limit and is operating while intoxicated.

A fiscal note indicates there likely will be a significant minority impact, furthering racial disparities in Iowa’s judicial system.
[3/2: 37-12 (No: Bisignano, Bolkcom, Celsi, Dotzler, Giddens, Hogg, Jochum, Petersen, Quirmbach, J. Smith, R. Taylor, T. Taylor; Absent: Wahls)]

SF 2323 – Transitional provisions for minor and adult guardianships and conservatorships

SF 2323 provides time for guardians and conservators to transition to Iowa’s new guardianship and conservatorship laws. In 2019, significant changes were made to Iowa’s guardianship and conservatorship laws. The legislation applied to current guardianships and conservatorships and those established after enactment.

The legislation instituted a new requirement: initial care plans for all protected persons in guardianships and conservatorships, including those already in existence. The Supreme Court issued an order that provided for transitioning to the new law for current guardianships and conservatorships. This bill codifies the Supreme Court’s order, allowing a guardian or conservator for an existing guardianship or conservatorship not to file an initial care plan until the date of the regularly scheduled annual report. The law went into effect on January 1, 2020, but initial care plans are required on the date of the required annual report during the year.
[3/2: 49-0 (Absent: Wahls)]

SF 2337 – Civil actions relating to mesothelioma, asbestos illnesses, silica illnesses

SF 2337 tightens requirements for injured plaintiffs in asbestos cases and makes a malignant (mesothelioma) condition subject to the law. The bill requires more specificity in a petition for damages from exposure to asbestos or in a silica action. A plaintiff must identify all possible exposures to asbestos or silica, as well as each asbestos-containing product or silica product to which they were exposed and the premises at which they were exposed. The court must dismiss any asbestos action or silica action without prejudice for a defendant whose product or premises is not identified in the petition or other initial pleading.
[2/25: 30-19 (No: Democrats, Carlin; Absent: Zaun)]

SF 2338 – COVID 19 liability protections and evidence in civil cases

SF 2338 is “The “COVID-19 Response and Back-to-Business Limited Liability Act.” It provides these protections against allegations of COVID exposure:

• Prohibits individuals from bringing or maintaining civil actions for damages because of COVID 19 exposure unless the action: (1) relates to COVID hospitalization or death; (2) involves intentional harm; or (3) constitutes actual malice.
• Provides liability protection from civil actions for injuries sustained from COVID-19 to individuals possessing or controlling a premises unless: (1) there is reckless disregard of a substantial or necessary risk; (2) exposure was caused through an act of malice; or (3) there was intentional COVID-19 exposure.
• Creates a safe harbor clause for those in substantial compliance with COVID-related federal or state statutes, regulations, orders or public health guidance. 
• Provides immunity to healthcare providers from civil damages for causing or contributing to an individual’s COVID-related death or injury while providing or arranging health care support to the state’s COVID-19 response.
• Provides product liability immunity to those designing, manufacturing, labeling, selling and distributing supplies or personal protective equipment relating to COVID-19 response. However, immunity does not apply if the individual had actual knowledge of a defect, and recklessly disregarded a substantial and unnecessary risk, or acted with actual malice.
• This new Chapter does not “affect the rights or limits under workers’ compensation or the rights or limits related to police officers or firefighters under 410 or 411.”
• This act is retroactive to January 1, 2020, and only relates to COVID-19 liability.
  [6/10: 31-18 (No: Democrats, Carlin; Absent: Bisignano)]

SF 2348 – Voting rights definition of “discharged sentence”

SF 2348 relates to the restoration of voting rights for those who have discharged their sentence after a felony conviction. Under the bill, only after an individual has discharged their sentence could they have their voting rights restored. The bill adds a new Code section that defines what “discharge sentence” means.

The following is required for a person to have their voting rights restored:

• Completion of any term of confinement, parole and probation.
• Completion of any special sentence imposed pursuant to Chapter 903B related to sex offenses. Depending on the offense, a special sentence is either lifetime or 10 years. These special sentences begin after completion of the sentence the individual has served for the underlying criminal offense.
• Essentially no restoration of voting rights for a person convicted of any offense under Chapter 707, Homicide and Related Crimes; a conviction for child endangerment resulting in the death of a child or minor; or election misconduct in the first degree.
• All victim restitution owed to a natural person must be paid.

The bill has a contingent effective date. It will take effect upon ratification of HJR 14 (or similar resolution), the proposed Constitutional amendment to restore voting rights to those who have discharged their sentence. HJR 14 passed the House 95-2 in 2019.
[3/3: 37-11 (No: Bolkcom, Celsi, Dotzler, Giddens, Hogg, Jochum, Petersen, Quirmbach, Ragan, R. Taylor, T. Taylor; Absent: Rozenboom, Wahls)]

Note:  Senate Leadership never brought HJR 14 up for a vote during the 2020 session.

HF 594 – Withdrawal of a life-sustaining procedures from a child, 24-hour waiting period for abortions

HF 594, as sent to the Governor, requires a 24-hour waiting period before a woman can obtain an abortion from her healthcare provider.

The original bill prohibited a court from requiring the withdrawal of life-sustaining procedures from a minor over the objection of the minor’s parent or guardian. However, there is an exception when there is conclusive medical evidence that the minor child has died and any electronic brain, heart or respiratory monitoring activity exhibited to the contrary is a false artifact. Life sustaining procedure means any medical procedure, treatment or intervention, including resuscitation, that meets these requirements: 1) Uses mechanical or artificial means to sustain, restore or supplant a spontaneous vital function; and 2) When applied to a patient in a terminal condition, only prolongs the dying process.
[6/13: 31-16, party line (Absent: Greene, Hogg, Lykam)]

HF 684 – Immunity when seeking emergency assistance for alcohol overdoses

HF 684 provides immunity from criminal prosecution for alcohol-related offenses if, in good faith, a person under 21 contacts first responders or law enforcement to seek emergency assistance for an alcohol-related overdose. To be immune from prosecution, the reporting person must:

• Be the first to seek emergency assistance.
• Provide their name(s) and contact information to medical or law enforcement personnel.
• Remain on the scene until assistance arrives or is provided.
• Cooperate with medical and law enforcement personnel.

This legislation could save lives. Iowa college students and others have asked for this legislation for several years because some underage individuals will not call for emergency medical help for others because they fear prosecution. Immunity from prosecution will apply to public intoxication, underage possession or attempt to purchase, and use of a fake license by an underage person to obtain alcohol.

In addition, the person for whom emergency assistance was sought will not be charged or prosecuted for the listed offenses. The bill also prohibits the Regents institutions from imposing certain disciplinary measures on students who are immune from prosecution under this legislation.
[6/10: 47-2 (No: Guth, Whiting; Absent: Bisignano)]

HF 737 – Mistreatment of non-livestock animals

HF 737 makes significant changes to Iowa’s companion animal mistreatment laws. The bill does the following:

• Animal abuse. Animal abuse is when a person intentionally, knowingly or recklessly acts to inflict injury, serious injury or death on an animal by force, violence or poisoning.
  • Animal abuse causing injury other than serious injury or death is a serious misdemeanor
  • Animal abuse causing serious injury or death is an aggravated misdemeanor
  • It’s a “D” felony if the person has previously been convicted of other animal mistreatment offenses.
  • Previous animal abuse law:
• Owner couldn’t be charged with animal abuse
• Any abuse charge was an aggravated misdemeanor
• Animal neglect. It is animal neglect when a person who owns or has custody of an animal confines that animal and fails to provide the animal with access to food in an amount and quality reasonably sufficient to satisfy the basic nutrition level to the extent that the animal’s health or life is endangered; access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level; sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered; ventilated shelter to protect the animal from the elements and weather conditions to maintain the animal in a state of good health; necessary grooming; necessary veterinary care.
• Animal neglect that does not cause injury, serious injury or death is a simple misdemeanor.
• Animal neglect causing injury is a serious misdemeanor
  • Animal neglect causing serious injury or death is an aggravated misdemeanor.
  • Animal neglect causing serious injury or death is a D felony if the person has previously been convicted of various animal mistreatment offenses.
  • Previous animal neglect law:
    • Intentional animal neglect was a simple misdemeanor
    • Intentional neglect causing serious injury or death was a serious misdemeanor
• Commercial breeders will not be subject to animal neglect if they comply with standard-of-care requirements in Iowa Code and applicable rules by the Department of Agriculture.
• Animal torture: Intentionally or knowingly inflicting severe and prolonged or repeated physical pain that causes the animal’s serious injury or death.
• Juvenile court will have exclusive jurisdiction over anyone under 17 who is charged with animal torture.
• First offense animal torture is an aggravated misdemeanor. This remains unchanged.
• It’s a class D felony if a person was previously convicted of various animal mistreatment offenses, including a previous conviction for animal torture.
• Court orders for evaluation and treatment. A court may order psychological or psychiatric evaluation and treatment if appropriate. However, the court must order evaluation and treatment if the convicted person is a juvenile or an adult convicted of animal abuse punishable as an aggravated misdemeanor or class D felony, animal neglect punishable as an aggravated misdemeanor or class D felony, or animal torture.
• Abandonment of cats and dogs. A person who owns or has custody of a cat or dog and relinquishes all rights to and duties to care for the cat or dog is guilty of abandonment. There are exclusions listed in the bill.
  • Animal abandonment that does not cause injury or death is a simple misdemeanor.
  • Causing injury other than serious injury or death is a serious misdemeanor.
  • Causing serious injury or death is an aggravated misdemeanor.
  • Previous penalty for abandonment was a simple misdemeanor.
    [6/13: 44-4 (No: Costello Edler, Guth, Sweeney; Absent: Hogg, Greene)]

HF 2402 – Resignations of registered agents

HF 2402, from the Iowa State Bar Association’s Business Law Section, creates a uniform effective date of resignation by a registered agent of a corporation or other business entity. Previously, there was no uniformity in business entity and organization law relating to resignations of registered agents. A registered agent is a person or entity appointed to accept service of process and official mail on behalf of a business. The bill makes resignations effective on the earlier of 12:01 a.m. on the 31st day after the day on which a resignation is filed with the Secretary of State; or upon the designation of a new registered agent for the corporation.
[6/3: 49-0 (Absent: Hogg)]

HF 2411 – Sobriety and drug monitoring program

HF 2411 amends requirements for the 24/7 sobriety program enacted in 2018. The initial legislation mandated those who participate a sobriety and drug monitoring program (24/7) obtain a temporary restricted license (TRL), which requires installation of an ignition interlock device. Since implementation of the program in Woodbury County, it has become apparent that offenders ordered into the program were not obtaining a TRL and thus couldn’t participate in the program. The bill:

• Removes the requirement that 24/7 program participants obtain a temporary restricted license. They may apply for participation in the program, and a court may order participation without the TRL requirement.
• Adds a requirement that prior to completing the program, a participant must prove that they have installed an ignition interlock device on all motor vehicles that they own or operate, unless the court finds:
  • The participant is ineligible for a temporary restricted license upon completing the program.
  • The participant does not have a motor vehicle registered in their name.
• The court must specify it is not requiring an ignition interlock device.
  [6/3: 49-0 (Absent: Hogg)]

HF 2445 – Privacy of a victim of sex offense in criminal or civil proceeding

HF 2445 relates to the privacy of a child victim of sex abuse, incest or sexual exploitation of a minor. The bill changes the definition of a child for the purposes of protecting a child victim’s privacy. Previously, for purposes of the victims’ rights chapter, “child” was anyone under 14. The bill changes the definition of “child” to anyone under 18, thus requiring that the identity of any person who is under 18 and is a victim of sex abuse, incest or sexual exploitation of a minor won’t be released to the public by any public employee unless authorized by the court of jurisdiction. The name of the child and any identifying biographical information won’t appear on the information or indictment or any other public record. In addition, any civil filings that arise from the criminal charge must require a non-descriptive designation for the victim, and the name and any identifying biographical information must not appear in filings. A defendant or the defendant’s counsel must have access to the identity of the child, but can only use the information in preparation of a defense or be subject to contempt. This protection will continue to apply after the child victim turns 18.
[6/3: 49-0 (Absent: Hogg)]

HF 2474 – Confidentiality of information filed to secure an arrest warrant

HF 2474 is proposed by the State Public Defender and was drafted pursuant to an agreement with the Iowa County Attorneys Association. An arrest warrant is generally confidential until the warrant has been served. However, the arrest warrant information is available to certain individuals, such as county attorneys, during this period of confidentiality, but it is not available to defense attorneys.

This bill says a court-appointed attorney representing a specific individual in a case where an arrest warrant has been issued but not served if the defendant is in custody, can have access to the warrant information during the confidentiality period without court authorization. The court can expressly deny access to the search warrant information to those who would otherwise have access to the warrant information.
[6/4: 49-0 (Absent: Hogg)]

HF 2502 – Firearms and weapons storage, carrying, possession and shooting ranges

HF 2502 preempts local control of weapons laws.

• Sections 1 and 2 prohibit counties, including county zoning commissions, and cities, including a city zoning commission, from enforcing zoning regulations relating to establishing, using or maintaining a shooting range that are more stringent than state law. However, there are really no state laws that impose regulations on shooting ranges.
• Section 3 adds language to current law relating to political subdivisions enacting weapons ordinances. Previously, a political subdivision could not enact an ordinance that regulates the ownership, possession, legal transfer, lawful transportation, registration or licensing of firearms if otherwise lawful under state law. Section 3 adds that a political subdivision cannot enact an ordinance regulating the modification of weapons or firearms attachments if otherwise lawful under state law. In addition, a person adversely affected by an ordinance, measure, enactment, rule, etc., may file suit. A court must award the prevailing party reasonable attorney fees and court costs.
• Section 4 says that if political subdivision wants to regulate carrying, possessing or transporting firearms or other dangerous weapons in facilities on political subdivision property, the political subdivision must screen them and provide armed security inside the facility.
• Section 5 says a political subdivision must not enact an ordinance, motion, resolution or amendment regulating the storage of weapons or ammunition.
• Section 6 mandates that the Judicial Branch allow lawfully carrying, possessing or transporting a weapon in a county courthouse or other joint-use public facility unless the court order applies only to a courtroom, court office or courthouse used only for judicial branch functions.
  [6/3: 32-17, party-line (Absent: Hogg)]

HF 2535 – Nonsubstantive Code Editor’s bill

HF 2535 is the Nonsubstantive Code Editor’s bill. It’s submitted each year by the Iowa Code Editor to the Judiciary Committee to make Code changes that exceed the Code Editor’s editorial authority but are nonsubstantive and noncontroversial in nature. In some cases, the changes are within the Code Editor’s authority but are significant enough that public notice of the changes by means of this bill is considered important. Examples of nonsubstantive changes include separating paragraphs into subparagraphs but not changing the language, or fixing grammatical mistakes.
[6/3: 49-0 (Absent: Hogg)]

HF 2536 – Substantive Code Editor’s bill

HF 2536 is the Substantive Code Editor’s Bill. It’s submitted annually by the Iowa Code Editor to the Judiciary Committee pursuant to Iowa Code Section 2B.6 and Joint Rule 11. This bill makes various changes throughout the Code, including, but not limited to, correcting language to conform to other Code language or current practices, eliminating conflicting or ambiguous language, and repealing or striking redundant language.
[6/3: 49-0 (Absent: Hogg)]

HF 2554 – Continuous sexual abuse of a child

HF 2554 comes from the Iowa County Attorneys Association. It’s based on information about the difficulty that children who are repeatedly abused have in articulating specific instances of abuse and the details about what happened on a particular date in a particular place.

The bill creates the crime of “Continuous Sexual Abuse of a Child,” which is committed when a person 18 or older does any combination of three or more acts of sex abuse in the second degree or sex abuse in the third degree with the same child (under 14), and at least 30 days have elapsed between the first and last acts of sexual abuse.

• Continuous sexual abuse is a “B” felony punishable by up to 50 years in prison. Most “B” felonies have a maximum 25-year sentence.
• A jury does not need to unanimously agree on which specific acts were committed or the exact date those acts were committed; the jury only must agree that three or more acts of abuse were committed with the same child and at least 30 days elapsed between the first and last acts of abuse.
• A person will be charged with one count of continuous sexual abuse unless more than one child is involved in the offense.
• Continuous sexual abuse of a child will be a Tier III sex offense for registry purposes. This is the toughest tier.
• Continuous sexual abuse is classified as an aggravated offense against a minor, which subjects the offender to residency requirements.
• If the child is 12 or under, the defendant may be ordered to undergo hormonal intervention therapy.
  [6/3: 49-0 (Absent: Hogg)]

HF 2581 – Hemp Act

HF 2581 amends the Iowa Hemp Act (IHA) as follows:

• Modifies current testing requirements by mandating a designated lab determine whether a hemp sample has an acceptable THC concentration, resulting from post decarboxylation analysis.
• Clarifies that individuals are exempt from applicable criminal offenses if they are carrying required documentation, such as a license, crop inspection certificate, or a temporary harvest and transportation permit. A person transporting hemp may also be required to carry a bill of lading.
• Allows manufacturing, selling and consumption of “consumable hemp products” within the state as long as: (1) the product was manufactured in Iowa per Ch. 204 (IHA); (2) the hemp was exclusively produced in the state per Ch. 204 (IHA); and (3) the product complies with packing and labeling requirements per Department of Inspections and Appeals (DIA) rule.
• Defines “consumable hemp products” as those that metabolize or are subject to a bio-transformative process when introduced to the human body, excluding products intended for inhalation.
• Allows importing consumable hemp products for use as long as the originating state’s hemp plan has USDA approval and testing requirements are substantially similar to Iowa.
• Requires a consumable hemp manufacturer to register with the Iowa Department of Agriculture and Land Stewardship (IDALS) or a consumable hemp seller to register with DIA, and both may impose a fee to recoup registration costs.
• Prohibits political subdivisions from adopting any ordinance, rule or regulation for manufacturing, selling or consuming consumable hemp products.
• Exempts products from controlled substance classification if they comply with the bill’s provisions.
• Prohibits individuals from possessing, using, manufacturing, marketing, transporting, delivering or distributing harvested hemp products if intended for inhalation, excluding products authorized under federal law.
• Penalty for violating the bill’s inhalation provisions is a serious misdemeanor, punishable by a maximum one-year of confinement and a fine ranging from $315 to $1,875. Anyone violating this bill would also be subject to a civil penalty ranging from $500 to $2,500 that IDALS may impose, assess and collect.
  [6/5: 48-1 (No: Whiting; Absent: Zumbach)]

HF 2589 – Medical Cannabidiol Act

HF 2589 updates Iowa’s medical cannabidiol program as follows:

• Changes unemployment insurance law by creating a new disqualification for unemployment wages for marijuana use.
• Amends “debilitating medical condition” in Code definitions by replacing “untreatable pain” with “chronic pain.”
• Adds severe autism and PTSD to the conditions that may be treated.
• Adds licensed physician assistants, advanced registered nurse practitioners, advanced practice registered nurses and podiatrists to those who can provide written certification of eligibility for medical cannabis.
• Replaces the current 3% THC cap with 4.5 grams over 90 days as the maximum disbursement.
• Allows the purchase limit to be increased by a certifying health care provider if the patient has a debilitating medical condition with a life expectancy of one year or less; or the provider determines 4.5 grams is insufficient to treat a patient’s debilitating medical condition.
• Allows dispensaries to access Department of Public Health (DPH) files to determine if a patient has received more than the permitted THC amount.
• Directs the DPH to issue mCBD registration cards rather than the Department of Transportation (DOT), and removes the registration card’s photo requirement.
• Removes prohibition on certain felons applying for a medical cannabidiol registration card.
• Removes the limit on the mCBD Advisory Board’s meetings, which is currently four times per year.
• Removes the Code provision that allows the mCBD Advisory Board to recommend statutory revisions increasing the THC level above 3%.
• Requires dispensaries to employ pharmacists or pharmacy technicians for making mCBD dosing recommendations.
• Allows health care practitioners to access the DPH patient registry to determine if a patient has a written certification on file.
• Requires the DPH to conduct an observational study on mCBD efficacy while cooperating with patients and providers.
• Requires DPH to seek federal guarantees for educational or long-term care facilities to administer or have mCBD on the property without jeopardizing federal funding eligibility.
• mCBD registration cards issued by the DOT prior to July 1, 2020, will remain valid until the card’s expiration date.
  [6/3: 32-17 (No: Bolkcom, Boulton, Celsi, Costello, Dawson, Dotzler, Garrett, Giddens, Jochum, Mathis, Petersen, Quirmbach, Ragan, J. Smith, R. Taylor, T. Taylor, Wahls; Absent: Hogg)]

HF 2647 – Justice Reform bill

DIVISION I – Attorney General authority to investigate when officer causes a death

• The Attorney General (AG) has original jurisdiction when the actions of an officer result in death. The AG does not have to receive a request from the county attorney to investigate and bring charges.
• If the AG decides that criminal charges are not appropriate, the matter may be referred to the Iowa Law Enforcement Academy Council to determine revocation or suspension of the officer’s certification if there was officer misconduct.

DIVISION II – Use of chokeholds by officers

• Use of a chokehold in making an arrest is only justified when the person cannot be captured any other way and either of these apply: the person has used or threatened to use deadly force in committing a felony; or the officer reasonably believes the person would use deadly force unless immediately apprehended.
• Chokehold means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces air intake.

DIVISION III – Officers from other states, including reserve officers, applying for jobs in Iowa and Iowa applicants, revocation or suspension

• Prior to beginning employment in Iowa, a law enforcement officer who has been certified in another state must submit a preliminary application for certification through examination to the Iowa Law Enforcement Academy Council. The application must include an attestation by the applicant under oath:
• whether the applicant’s certification has been revoked or suspended in another state.
• whether the applicant has pled guilty to or been convicted of a felony.
• whether the applicant has been discharged for serious misconduct from employment as a law enforcement officer.
• whether the applicant left, voluntarily quit or was laid off when the applicant knew or believed that disciplinary action was imminent or pending, and could have resulted in a discharge for serious misconduct.
• The ILEA Council must deny a preliminary application upon finding that the applicant:
• had law enforcement certification revoked in another state.
• pled guilty to or was convicted of a felony.
• left, voluntarily quit or was laid off when disciplinary action was pending, which could have resulted in discharge for serious misconduct, if the Council determines that the applicant engaged in serious misconduct.
• If the Council denies a preliminary application, the applicant is prohibited from continued employment as a law enforcement officer in this state.
• The bill adds a new section relating to the ILEA Council’s ability to suspend or revoke certification and adds a definition of serious misconduct:
• serious misconduct means the improper or illegal actions taken by a law enforcement officer or reserve peace officer in connection with the officer’s official duties including, but not limited to, a conviction for a felony, fabrication of evidence, repeated use of excessive force, acceptance of a bribe or commission of fraud.
• The Council must revoke the certification of a law enforcement officer or reserve peace officer upon a finding that the officer has done any of the following:
• pled guilty to or been convicted of a felony.
• been discharged for serious misconduct from employment as a law enforcement officer or as a reserve officer.
• left, voluntarily quit or was laid off when disciplinary action was imminent or pending, which could have resulted in discharge or the reserve officer being removed, if the Council determines there was serious misconduct.
• The Council may revoke or suspend certification of a law enforcement officer or reserve officer for:
• any grounds authorized by rule.
• when an employing agency recommends that revocation or suspension is appropriate. The recommendation must be in writing and lay out reasons for the recommendation, the employing agency’s findings and any final action the employing agency took.
• when the AG recommends to the Council that revocation or suspension would be appropriate.
• An employing agency will notify the council within 10 days of any termination of employment of a law enforcement officer or appointment of a reserve peace officer. The notification must state whether the officer was discharged or removed for serious misconduct or whether the officer left, quit or was laid off when disciplinary action was pending. The employing agency must provide any additional information or documentation requested by the Council.
• Information provided pursuant to this section is confidential except as otherwise required by law.
• An employing agency or person that acts in good faith is immune from liability for the release of any information.
• The rules for reserve officer training and certification must include grounds for revocation or suspension of certification.

DIVISION IV – De-escalation and prevention of bias training required

• Every law enforcement agency will provide annual training to every law enforcement officer on de-escalation techniques and the prevention of bias. Every officer in the state must participate in the annual training.
• The Iowa Law Enforcement Academy will develop and disseminate training guidelines that include:
• An emphasis on understanding, respect for diverse communities and noncombative methods of carrying out duties.
• Instruction on diverse communities to foster mutual respect and cooperation.
• An examination of the patterns, practices and protocols that cause biased law enforcement actions and tools to prevent them.
• Examination and identification of key indices and perspectives among residents in a community.
• Instruction on implicit bias and the impact of bias, whether intentional or implicit, including historical perceptions of profiling having harmed community relations.
• A presentation on the history and role of the civil rights movement and its impact on law enforcement.
• Instructions on de-escalation techniques, including verbal and physical tactics to minimize use of force.
• The ILEA will consult with the Iowa Civil Rights Commission, groups and individuals with an interest in cultural awareness and diversity, and advocacy organizations with an interest and expertise in biased law enforcement. In addition, the academy will consult with local law enforcement agencies about challenges and barriers to training.
• Any mandate to local agencies is required, regardless of lack of appropriations from the State.

DIVISION V: Effective upon enactment.
[6/11: 49-0: (Absent: Hogg)]

SJR 18 – Constitutional amendment on right to keep, bear arms

SF 112 – Certification of trust requirements

SF 113 – Operating while intoxicated third offense and habitual offenders

SF 158 – Post conviction relief and the underlying trial court record

SF 267 – Criminal penalty for illegal practice of massage therapy

SF 333 – Non-substantive code editor’s bill

SF 346 – Criminal offense of female genital cutting

SF 364 – 24/7 sobriety update

SF 377 – Municipal tort liability for not-for-profits that provide emergency services

SF 379 – Qualifications to practice law in Iowa

SF 532 – Notice and opportunity to repair construction defects

SF 569 – Series limited liability companies

SF 570 – Immunity from civil liability for volunteers during disasters

SF 589 – Criminal omnibus

SF 590 – Payments from indigent defense fund for privately retained attorneys

HF 224 – Lascivious conduct with a minor

HF 266 – Civil commitment of sexually violent predators

HF 323 – Exploitation of a dependent adult by a caretaker

HF 328 – Definition of vulnerable elder

HF 391 – Increased amount of surety bond for travel trailer dealer license

HF 421 – Transfer of mental health patients to the Iowa Medical Classification Center

HF 569 – Personal degradation of a dependent adult is dependent adult abuse

HF 591 – Minor guardianships in juvenile court

HF 610 – Adult guardianships and conservatorships

HF 679 – Substantive code editor’s bill

HF 681 –Criminal history checks for work with children, elderly, disabled

HF 707 – Juvenile delinquency proceedings, termination of parental rights notice

HF 719 – Conciliation related to dissolution of marriage

HF 732 – Medical cannabidiol—BILL VETOED

HF 734 – Changes to Iowa’s DNA profiling laws

 

SJR 18 – Constitutional amendment on right to keep, bear arms (Does not require Governor’s signature)

SJR 18 proposes an amendment to Iowa’s Constitution relating to the right “to bear arms.” Iowa’s Constitution currently does not have any language relating to the right to possess firearms. The proposed amendment in SJR 18 confers the right of the people to keep and bear arms. In addition, the proposed language says: “The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right will be subject to strict scrutiny.” To change Iowa’s Constitution, a proposed amendment must pass two consecutive General Assemblies (GA). This proposed amendment will need to pass during the 89^th GA as well. If  it does, it will be put to a vote of the people of Iowa.
[3/13: 33-16 (Yes: Republicans, R. Taylor; Vacant: Danielson)]

 

SF 112 – Certification of trust requirements

SF 112 is a Bar Association proposal that allows any current trustee or an attorney for a current trustee to sign off on and execute certification of trust documents in lieu of the requirement that all trustees sign off on the certification of trust documents. A certification generally is a summary or quotation from selected parts of the trust documents and allows a person or entity, such as a bank, to know the correct name of the trust and to be sure that the trust has power over its assets. Under the bill, the trustee or attorney for the trustee who signs the certification of trust must be sworn under penalty of perjury. A certification usually does not identify the beneficiaries or the assets; that information is kept confidential. This legislation will streamline legal processes and facilitate transactions while maintaining privacy.
[3/21: 46-0 (Absent: Bisignano, Celsi, R. Taylor; Vacant: Danielson)]

 

SF 113 – Operating while intoxicated third offense and habitual offenders

SF 113 provides that a person charged with a third or subsequent Operating While Intoxicated (OWI, a class “D” felony) can also be charged as a habitual offender if the person has previously been convicted of at least two felonies. The maximum sentence for a habitual offender is up to 15 years with a three-year mandatory minimum. This bill is in response to a 2018 Iowa Supreme Court decision, Noll v. Iowa Dist. Court for Muscatine County, which held that a person convicted of a third or subsequent OWI could not be sentenced as a habitual offender under Code section 902.8, even though the person may have been previously convicted of two felonies.
[2/18: 48-0 (Absent: Miller-Meeks; Vacant: Danielson)]

 

SF 158 – Post conviction relief and the underlying trial court record

SF 158 is an Iowa Bar Association proposal that addresses access to underlying criminal court files in applications for post-conviction relief (PCR). The bill deletes current Code language, which reads that if an “application for post-conviction relief is not accompanied by the record of the proceedings then the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.”

The bill inserts new Code language requiring the underlying trial court record and any previous application for PCR to automatically become part of the record in a PCR claim. The bill further requires clerks of court to make the underlying trial court record accessible to the applicant’s attorney, the county attorney and the Attorney General. If the court record is not available in electronic format, the clerk must convert it to electronic format and make it available. In addition, any previous application for PCR must be converted to electronic format if necessary and made available.

In PCR cases, no court order will be required for the applicant’s attorney, the county attorney and the Attorney General to get access to the underlying trial court record. In addition, the bill prohibits the Judicial Branch from charging applicants, county attorneys and the Attorney General for access to the court record.
[3/20: 49-0 (Vacant: Danielson)]

 

SF 267 – Criminal penalty for illegal practice of massage therapy

SF 267 provides a criminal penalty when unlicensed individuals practice massage therapy or hold themselves out as massage therapists. Current Iowa law requires massage therapists to be licensed. Unlicensed individuals cannot engage in massage therapy or hold themselves out as a massage therapist or masseuse, or use any other word or title that implies the person is a massage therapist. However, a violation is a civil penalty, not a crime. This bill makes it a serious misdemeanor for an unlicensed person to engage in or hold themselves out at a massage therapist. A serious misdemeanor is punishable by up to two years in prison and a fine. The bill allows for an affirmative defense to a charge of practicing massage therapy without a license if the defendant claims to be a victim of human trafficking.
[4/22: 49-0 (Absent: Segebart)]

 

SF 333 – Non-substantive code editor’s bill

SF 333 is the non-substantive code editor’s bill. This bill is submitted each year by the Iowa Code Editor to the Judiciary Committee to make Code changes that exceed the Code Editor’s editorial authority but are non-substantive and non-controversial. In some cases, the changes are within the Code Editor’s authority but are significant enough that public notice of the changes is important. Examples of non-substantive changes include separating paragraphs into subparagraphs but not altering the language, or fixing grammatical mistakes.
[3/28: 48-0 (Absent: Breitbach, Nunn)]

 

SF 346 – Criminal offense of female genital cutting

SF 346 makes “female genital cutting” of anyone under 18 a crime. Under the bill, a person who performs female genital cutting of a minor commits a “D” felony. It will not be a violation of the law when a licensed medical professional in Iowa performs the surgical procedure when necessary to protect the health of the minor, or when the procedure is performed on a minor who is in labor or who has just given birth and the procedure is related to the labor or birth. The bill also makes it a “D” felony to knowingly transport a minor for female genital cutting. In November 2018, a U.S. District Judge found that the federal law banning female genital cutting was unconstitutional. As a result, states have begun to criminalize it.

The bill requires the Crime Victim Assistance Division of the Attorney General’s office to conduct an education campaign to increase awareness about the health risks of, the prohibitions against and the criminal penalties associated with female genital cutting. In addition, the University of Iowa Hospitals and Clinics must develop educational programming for physicians to provide safe health care and treatment to women who are victims of female genital cutting.
[4/16: 49-0 (Absent: Shipley)]

 

SF 364 – 24/7 sobriety update

SF 364 is intended to fix issues with the 24/7 Sobriety pilot program that passed in 2017 (SF 444). The bill sets a minimum of 90 days that a person must participate in the program. Current law does not set a minimum. The last 30 days of participation must be without a failed test. The bill also extends the sunset date for the pilot program by two years to July 1, 2024, because it has taken more time than anticipated to get the program up and running. Woodbury County is the first pilot county and that program is scheduled to begin this spring.
[3/25: 50-0]

 

SF 377 – Municipal tort liability for not-for-profits that provide emergency services

SF 377 extends immunity from tort liability that is currently granted to municipalities for claims based upon or arising out of an act or omission in connection with emergency response services, to nonprofit corporations providing the same services pursuant to a written contract with a city, county, township or benefitted fire district.
[3/12: 49-0 (Vacant: Danielson)]

 

SF 379 – Qualifications to practice law in Iowa

SF 379 is a Judicial Branch proposal that eliminates provisions in the Iowa Code that limit attorney admissions to practice law in Iowa to applicants who are residents of Iowa. The U.S. Supreme Court ruled that this requirement is unconstitutional and that nonresidents of Iowa are eligible to apply to practice law in this state. The bill also authorizes an attorney who has been admitted to practice law in a territory of the U.S. to be admitted to practice law in Iowa without an examination. Thus, an attorney from a U.S. territory would be treated just like an attorney from another state or the District of Columbia. The bill also allows an out-of-state attorney from the District of Columbia or a U.S. territory to apply to appear pro hac vice (for this event) in an Iowa case with a local attorney. The local attorney does not need to be a resident of Iowa, but must be admitted to practice law in Iowa.
[4/9: 48-0 (Absent: Bisignano, Feenstra)]

 

SF 532 – Notice and opportunity to repair construction defects

SF 532 sets up a required process to resolve construction disputes before a class-action lawsuit can be filed for construction defects causing injury to property, real or personal. The bill sets out time limits for the process and conditions to be met before claimants go to court. No court action is allowed until claimants comply with the requirements of this bill. These requirements apply only to new construction and class actions. The general contractor and any subcontractors must be given notice of claims prior to court filing and must get an opportunity to inspect the property to determine the nature and cause of defects, as well as the repairs necessary to remedy them.
[3/20: 42-7 (No: Bisignano, Bolkcom, Boulton, Celsi, Dotzler, Jochum, Petersen; Vacant: Danielson)]

 

SF 569 – Series limited liability companies

SF 569 creates the Uniform Protected Series Act relating to limited liability companies (LLCs). Iowa law currently provides for business entities called “series limited liability companies” but has few details on how they function. A series is like an unincorporated division or “cell” established within a limited liability company by its operating agreement. This legislation is a product of the Uniform Law Commission and has been developed over several years of study. It expands Iowa law, and provides creation, filing, reporting and recordkeeping provisions for series limited liability companies.

In addition to “vertical liability shield,” which shields shareholders of corporations and members of limited liability companies from personal liability for debts and obligations of the corporation or LLC, a series established by an LLC in conformity with the law will qualify for “horizontal liability shield” that shields the series’ assets from debts and liabilities of the LLC and other series it has established.

The Bar Association indicates that the benefits of the bill will include:

• Requiring a filing to establish a protected series to ensure accurate and available information at the Secretary of State’s office on how many series LLCs have established protected series. Currently, there is no way of knowing how many have been established in Iowa.
• Requiring a more specific description of what records must be created, maintained and preserved for the series to be a protected series.
• Allowing for disregarding of the liability shields under certain conditions.
• Providing a more thorough definition and description of the nature of a protected series, which will facilitate business transactions.
  [3/26: 49-0 (Absent: Breitbach)]

 

SF 570 – Immunity from civil liability for volunteers during disasters

SF 570 provides immunity from civil liability to Iowa licensed architects and engineers who in good faith and at the request of or with the approval of a national, state or local public official, a law enforcement official, a public safety official or a building inspection official, voluntarily and without compensation provide architectural, engineering, structural, electrical, mechanical or other design professional services related to a disaster emergency. This immunity applies during a disaster emergency proclaimed by the governor or declared by the president. In addition, the architect or engineer must believe the request or approval has been made by the official in their official capacity. The bill was effective upon enactment.
[4/23: 49-1 (No: Bisignano)]

 

SF 589 – Criminal omnibus

SF 589 makes changes to multiple areas of criminal law, including penalties and procedures. A number of changes pertain to criminal appeals and appear to be in response to court decisions that favored defendants. Parts of the bill are advantageous to criminal defendants and some are not. This extensive bill touches multiple areas of the criminal law.

This bill makes changes to:

• Expungement – allows for expungement of various misdemeanor convictions.
• Robbery – makes various changes to the robbery chapter.
• Theft, fraud, forgery and other property crimes – increases the value of property stolen that qualifies for specific criminal charges.
• Criminal proceedings.
• Criminal penalties.

 

Division I- Expungements:

Section 1 allows those convicted of public intoxication, simulated public intoxication or public consumption under state law or a local ordinance, to have the conviction expunged after two years if they have no other criminal convictions, other than traffic violations, in that two-year period.

Section 2 allows those convicted of misdemeanor offenses to apply to the county where the conviction occurred to have the record expunged. The conviction will be expunged if:

• Eight or more years have passed since the conviction.
• There are no pending criminal charges against the defendant.
• All court costs, fees, fines and restitution have been paid.

The following misdemeanors cannot be expunged:

• Public intoxication or underage possession.
• Dependent adult abuse.
• Any driving without a license offense.
• Any sex offense that is registerable.
• Involuntary manslaughter.
• Assault using or displaying a dangerous weapon.
• Any domestic abuse assault.
• Removal of an officer’s communication device.
• Trespass with intent to commit a hate crime.
• Any obstruction of justice.
• Interference with judicial process.
• Misconduct in office.
• Misuse of public records and files.
• Any weapons offense.
• Any protection of family crimes, such as bigamy or child endangerment.
• Any misdemeanor violations of the obscenity chapter (e.g., dissemination of obscene material to a minor).
• Any sexually predatory offenses.
• Certain offenses comparable to federal motor carrier violations.
• Convictions under prior law comparable to any of those listed above.

The application will be denied if:

• The defendant is the subject of a protective order or a no-contact order.
• The defendant has subsequently been convicted of or granted a deferred judgment for any criminal offense other than a traffic offense under Chapter 321 or a similar local ordinance.
• The defendant has previously been granted two deferred judgments.

A defendant can only apply for one expungement in a lifetime. However, an application may request expungement of more than one misdemeanor offense if the offenses arose from the same occurrence. The expunged record is confidential but will be made available upon court order. The Department of Public Safety must remove the record of conviction from its criminal history data files.

The fiscal note estimates an annual cost to the Judicial Branch of between $57,453 and $184,953. In addition, although it will be beneficial for defendants to have their misdemeanor record expunged, it can only be done eight years or more after the date of the conviction. In that time, the criminal record will be captured by information mining businesses and may still be found via an Internet search.

 

Division II – Robbery:

• Removes robbery in the third degree from the Code. Robbery in the third degree is theft accompanied by simple misdemeanor assault.
• Changes the mandatory minimum for robbery in the first degree from 70% to between 50% and 70%, as determined by the court at the time of sentencing.

The fiscal note shows a correctional impact and a minority impact from these changes, in particular removing robbery in the third degree from the Code. Fifty-two percent of those convicted in Iowa of robbery in the first, second or third degree are African-American. The robbery changes will bring an estimated 34 additional Class C felony convictions per year; about 17 of them will be African-Americans, thus increasing Iowa’s disproportionate minority incarceration. The robbery changes are estimated to cost the justice system $423,800 annually, starting in 2021.

 

Division III – Property crimes:

• Arson – Increases the amount of personal property damaged by arson from $500 or above to $750 or above to qualify as arson in the 2nd degree, a Class “C” felony.
• Degrees of theft – raises the value of the property stolen to qualify for certain degrees of theft:
  • To qualify as theft in the 2nd degree, the theft amount increases from between $1,000 and $10,000 to between $1,500 and $10,000. It is a “D” felony.
  • Theft 3rd degree increases from between $500 and $1,000 to between $750 and $1,500. It is an aggravated misdemeanor.
  • Theft 4th degree increases from between $200 and $500 to between $300 and $750.
  • Theft 5th would be any theft up to $300. It is a simple misdemeanor.
• Aggravated theft (theft with a simple assault) – Increases from up to $200 to up to $300.
• Removing a Theft Detection Device:
  • Simple misdemeanor charge if merchandise stolen does not exceed $300. Currently, it’s a simply misdemeanor for theft up to $200 when a theft detection device is removed.
  • Serious misdemeanor charge if the merchandise stolen exceeds $300. Currently, it’s a serious misdemeanor if the value exceeds $200.

Fraudulent practices:

• Fraudulent practice in the 2nd degree, a “D” felony:
  • Currently $1,000 up to $10,000.
  • Bill changes it to $1,500 up to $10,000.
• Fraudulent practice in the 3rd degree, an aggravated misdemeanor:
  • Currently between $500 and $1,000.
  • Bill changes it to between $750 and $1,500.
• Fraudulent practice in the 4th degree, a serious misdemeanor:
  • Currently $200 up to $500.
  • Bill changes it to between $300 and $750.
• Fraudulent practice in the 5th degree, a simple misdemeanor:
  • Currently up to $200.
  • Bill changes it to up to $300.

Use of a stolen, forged or revoked credit card:

• Class “D” felony:
  • Currently $1,000 up to $10,000.
  • Bill changes it to $1,500 up to $10,000.
• Aggravated misdemeanor:
  • Currently up to $1,000.
  • Bill increases it up to $1,500.

Identity theft:

• Class “D” felony:
  • Currently $1,000 up to $10,000.
  • Bill changes it to $1,500 up to $10,000.
• Aggravated misdemeanor
  • Currently up to $1,000.
  • Bill changes it to up to $1,500.

Criminal mischief:

• 2nd degree a Class “D” felony:
  • Currently, damage must be $1,000 to $10,000.
  • Bill increases it to between $1,500 and $10,000.
• 3rd degree – an aggravated misdemeanor:
  • Currently, damage must be $500 to $1,000
  • Bill increases it to between $750 and $1,500
• 4th degree – a serious misdemeanor:
  • Currently, damage must be $200 to $500.
  • Bill increases it to between $300 and $750.

Trespass that results in damage to property or injury to a person:

• Increases the amount to qualify as a serious misdemeanor from $200 to $300.
• Increases the amount to qualify as an aggravated misdemeanor for the crime of intent to commit a hate crime from greater than $200 to greater than $300.

Railroad vandalism:

• Increases the amount of damage to railroad property to qualify as 4th degree railroad vandalism, a “D” felony, from between $1,000 and $10,000 to between $1,500 and $10,000.
• 5th degree railroad vandalism, an aggravated misdemeanor, is increased from between $500 and $1,000 to between $750 and $1,500.
• Amounts for 6th and 7th are increased as well.

Transmission of Unsolicited Bulk Electronic Mail:

• Increases the amount to qualify as a “D” felony from greater than $1,000 to greater than $1,500.

Increasing the amounts/value of property necessary to commit certain levels of theft will increase the number of lower-level convictions and decrease the higher-level convictions. The fiscal note cannot determine costs related the justice system. However, the percentage of African-Americans who are convicted of the various theft offenses ranges from 18% to 24%.

 

DIVISION IV –Theft, Fraud and Forgery Revisions

• Can consolidate multiple theft charges under 714.1 (1-10) into one accusation of theft.
• Adds state-issued documents to the list of documents that can be forged. Possession of a forged state document is a class D felony. Employers may be subject to a civil penalty relating to accommodation of forgery if they know that state documents presented by an employee have been forged.
• This seems to mean that anyone, including young people under 21 who have fake IDs would be guilty of possessing a forged document, a class D felony. That may not be the intent of this language, but it can be read this way.
• “Lottery Scam” section – Extends the statute of limitations from three years to five years for fraud or breach of fiduciary obligation.

 

Division V – Criminal Proceedings

• Defendant cannot file a direct appeal from a guilty plea, except for class “A” felonies and for good cause. (This may reduce the number of guilty pleas.)
• Discretionary review is available from an order denying a motion in arrest of judgment on grounds other than ineffective assistance of counsel.
• There can be no ineffective assistance of counsel claim on direct appeal.
• A defendant who is represented by counsel on appeal or in post-conviction relief proceedings cannot file a pro se (by himself or herself) filing, and the court cannot consider a pro se filing by the defendant.
• Jury can return a “general verdict” when the prosecution relies on multiple theories of guilt, and an appeals court cannot set aside or reverse the verdict if one of the theories is sufficient.
• If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the plea cannot be vacated unless the defendant demonstrates that they more than likely would have pled guilty if the defect had not occurred.
• A claim of ineffective assistance of counsel must be brought within the three-year period allowed for post- conviction relief claims.
• Before imposing a sentence, the court must verify that the defendant and the defendant’s lawyer have read and discussed the presentence investigation report; provide the defendant’s attorney an opportunity to speak on the defendant’s behalf; address the defendant personally to permit them to make a statement or present mitigating information; provide the prosecuting attorney an opportunity to speak; address any victim of the crime who is present at the sentencing; and allow them to be heard.

 

Division VI – Arson

• Requires a mandatory minimum sentence of between 50% and 70% for arson in the 1st degree, a “B” felony (25 years).
• The fiscal note estimates that prison costs will increase as the length of prison stays for those convicted of arson increases. Beginning in FY22, the increased cost will be $21,822, and by FY29, the annual cost will be $276,000. This will also tend to have a negative effect on Iowa’s minority prison population, as African-Americans account for 15% of arson convictions.

 

Division VII – Limitation of Criminal Actions

• Increases the criminal statute of limitations for sex abuse committed on or with a minor from 10 years after the minor turns 18 to 15 years after the minor turn 18.
• Increases the criminal statute of limitations for sexual exploitation by a counselor therapist, or school employee committed against a minor from 10 years after the victim turns 18 to 15 years after the victim turn 18.

 

Division VIII – Second and Subsequent Public Intoxication Convictions

This division removes enhanced penalties for multiple public intoxication convictions. Under current law, a first offense for public intoxication is punishable as a simple misdemeanor; a second conviction is punishable as a serious misdemeanor; and a third or subsequent conviction is considered an aggravated misdemeanor, which is punishable by up to two years in prison and a fine. This bill will make all public intoxication convictions simple misdemeanors with no enhanced penalties for second or subsequent convictions.
[4/25: 49-0 (Absent: Chapman)]

 

SF 590 – Payments from indigent defense fund for privately retained attorneys

SF 590 sets out requirements for indigent defense funds to be paid to privately retained attorneys in criminal cases. There are times when a criminal defendant will hire a private attorney to represent him or her, and the defendant will give the attorney a retainer. However, the defendant may not have the money to continue paying the private attorney as the case progresses, so an application is made to the court to have the state pay for the costs of the privately retained attorney. For the state to grant an application and authorize payment, the court must find:

• That the defendant is indigent.
• The costs are reasonable and necessary for the representation of the indigent person in a case for which counsel could have been appointed.
• The moneys paid or to be paid to the privately retained attorney by or on behalf of the indigent person are insufficient to pay all or a portion of the costs.

The calculations to be used by the court must be the hourly rate that is currently authorized by Code for indigent defense cases, not the privately retained attorney’s hourly rate. If the court finds that the costs incurred by the privately retained attorney are reasonable and that the state should pay some or all of the fees, the state public defender will review the amount that the court has authorized. This requirement will apply to payments to witnesses, evaluators, investigators and certified shorthand reporters, and other costs incurred by a privately retained attorney in the legal representation.
[3/26: 32-17 (No: Bisignano, Bolkcom, Boulton, Celsi, Dotzler, Giddens, Hogg, Jochum, Lykam, Mathis, Petersen, Quirmbach, Ragan, J. Smith, R. Taylor, T. Taylor, Wahls; Absent: Breitbach)]

 

HF 224 – Lascivious conduct with a minor

HF 224 expands the crime of Lascivious Conduct with a Minor. Under current Iowa law, “lascivious conduct” is when an adult who is in a position of authority over a minor (anyone under 18) forces, persuades or coerces a minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them. It is punished as a serious misdemeanor.

For purposes of the new subsections, “minor” is defined as any person 14 or 15 years of age. Those under 14 are already covered by current law. The bill will make it a lascivious act for any adult who is in a position of authority over a minor (age 14 or 15) to do any of the behaviors listed below with or without consent for the purpose of arousing or satisfying the sexual desires of either of them. There is a “hole” in current Iowa law when certain behaviors are perpetrated against 14 and 15 year olds and these behaviors can only be charged as assault, not as a sex offense or lascivious act.

• Fondle or touch the inner thigh, groin, buttock, anus or breast of the minor.
• Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus or breast of the minor.
• Solicit or permit the minor to fondle or touch the inner thigh, groin, buttock, anus or breast of the person.
• Solicit the minor to do any of the following: fondle or touch the pubes or genitals of the minor; permit or cause the minor to fondle or touch the person’s genitals or pubes; or cause the touching of the person’s genitals to any part of the body of the minor.

This bill will ensure that these behaviors perpetrated against a 14 or 15 year old by a person who is in a position of authority over them will be punished appropriately.

Under the legislation, the behaviors are punishable as serious misdemeanors.

The bill also makes the following behaviors lascivious conduct punishable as aggravated misdemeanors if done for the purpose of arousing or satisfying the sexual desires of either of them. Under current law, these behaviors are only considered indecent contact when committed with a child under 14. The bill will ensure that if these behaviors are perpetrated by an adult with authority over 14 and 15 year olds, the penalty will be appropriate.

• Fondling or touching the pubes or genitals of the minor.
• Permitting or causing the minor to fondle or touch the person’s genitals or pubes.
• Causing the touching of the person’s genitals to any part of the body of the minor.
• Soliciting the minor to engage in a sex act or solicit a person to arrange a sex act with the minor.
• Inflicting pain or discomfort upon the minor or permitting the minor to inflict pain or discomfort of the person.
  [4/24: 50-0]

 

HF 266 – Civil commitment of sexually violent predators

HF 266 makes changes to Iowa’s sexually violent predator law in Chapter 229A. Sexually violent predators are those who have been convicted of more than one sexually violent crime as defined in Chapter 229A, and through a process set out in Code, it has been determined that they are highly likely to engage in repeated acts of predatory sexual violence, and that the existing involuntary commitment procedure under chapter 229 is inadequate to address the risk they pose to society. Consequently, after serving any criminal sentence, these individuals are civilly committed to the sexually violent predator unit administered by the Department of Human Services for rehabilitation. The bill:

• Defines the term “presently confined,” which currently lacks a definition in the Code. Presently confined will include those who are incarcerated, detained, or placed in a correctional facility, jail or comparable facility.
• Provides that all forms of sexual exploitation of a minor, including possessing child pornography, are “sexually violent offenses.” Under current law, possessing child pornography is not considered a sexually violent offense.
• Clarifies that the notice provisions relating to sexually violent predators do not limit who may be subject to commitment as sexually violent predators.
• Provides that fact-findings made by an administrative law judge may be admitted into evidence at a sexually violent predator trial.
  [3/26: 49-0 (Absent: Breitbach)]

 

HF 323 – Exploitation of a dependent adult by a caretaker

HF 323 changes the definition of exploitation of a dependent adult by a caretaker in Code Chapter 235B relating to Dependent Adult Abuse Services administered by the Department of Human Services. Current law requires that exploitation by taking unfair advantage of a dependent adult or the adult’s physical or financial resources by a caretaker must be done for “one’s own personal or pecuniary profit.” The bill removes the requirement that the exploitation be done for one’s own personal or pecuniary profit.
[4/10: 49-0 (Absent: Feenstra)]

 

HF 328 – Definition of vulnerable elder

HF 328 amends the definition of “vulnerable elder” in Chapter 235F relating to elder abuse. In the Chapman case, the Iowa Supreme Court interpreted the Code definition of vulnerable elder to be a person 60 or older. The bill changes the definition to require more than age to be considered in determining if someone is a vulnerable elder. Under this bill, the Code will read:  “Vulnerable elder means a person sixty years of age or older who is unable to protect himself or herself from elder abuse as a result of a mental or physical condition or because of a personal circumstance which results in an increased risk of harm to the person.”
[4/25: 49-0 (Absent: Chapman)]

 

HF 391 – Increased amount of surety bond for travel trailer dealer license

HF 391 increases the required amount for a surety bond for a travel trailer dealer’s license issued by the Iowa Department of Transportation. The bond amount is increased from $25,000 to $75,000. This change will apply to applications for licenses submitted on or after July 1, 2019. The cost of travel trailers has risen significantly. This bill is intended to protect consumers who purchase them.
[4/11: 49-0 (Absent: Brown)]

 

HF 421 – Transfer of mental health patients to the Iowa Medical Classification Center

HF 421 addresses when a state mental health institute (MHI) patient may be transferred to the Iowa Medical Classification Center (IMCC) at Coralville, a Department of Corrections facility. Under current law, when a patient at a state mental health institute becomes a danger to others at the facility, the administrator may apply for a court order to transfer the patient to the IMCC to be housed in the forensic hospital inside the prison. The forensic hospital is a 14-bed hospital where certain defendants who have been charged with a crime are court ordered to undergo competency (to stand trial) evaluations, and if found not competent, defendants undergo treatment intended to restore competency. In addition, some patients at the forensic hospital have been found not guilty by reason of insanity and have been court ordered to the IMCC. Under this bill, the MHI administrator would need the consent of the director of the Department of Corrections to apply for a court order to transfer a patient to the IMCC. There is a constant waiting list for beds at the forensic hospital. Although the forensic hospital at IMCC is inside the prison, it is not considered a prison facility.

The bill also removes references in the Code to the mental health institutes in Clarinda and Mt. Pleasant and to the Iowa Juvenile Home. These facilities were closed by Governor Branstad without input from the Legislature.
[4/27: 31-16, party-line (Absent: Dawson, Lykam, T. Taylor)]

 

HF 569 – Personal degradation of a dependent adult is dependent adult abuse

HF 569 adds a new category, Personal Degradation, to the definition of dependent adult abuse in Chapter 235B. There is currently a definition of dependent adult abuse that includes Personal Degradation in Chapter 235E, relating to caretakers who are staff members of a facility or program that provides care, protection or services to a dependent adult.

This new definition of abuse applies to a caretaker with responsibility for protecting, caring for or having custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment or by court order. Thus, a person who fits that definition of caretaker could commit personal degradation of a dependent adult under this bill. Personal degradation is defined as a “willful act or statement by a caretaker intended to shame, degrade, humiliate or otherwise harm the personal dignity of a dependent adult, or where the caretaker knew or reasonably should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of a reasonable person.” This includes taking, transmitting or displaying an electronic image of a dependent adult by a caretaker with the intent to harm the personal dignity of the dependent adult. However, personal degradation does not include taking, transmitting or displaying an electronic image of a dependent adult for reports to law enforcement, the Department of Human Services or another regulatory agency.

The bill allows the department to determine if the abuse is a minor, isolated incident that is unlikely to reoccur and therefore not included in the central dependent adult abuse registry and not considered to be founded dependent adult abuse. However, the department will maintain the assessment record for five years. Also, if there is a subsequent report of dependent adult abuse that meets the new definition and occurs within the five-year record retention period and is committed by the same caretaker, it will not be considered a minor, isolated occurrence unlikely to reoccur.
[4/24: 50-0]

 

HF 591 – Minor guardianships in juvenile court

HF 591 creates a new Code Chapter, 232D, the Iowa Minor Guardianship Proceedings Act, relating to minor guardianships and requiring that they be under the jurisdiction of juvenile court. A minor is defined as anyone under the age of 18. Thus, all current minor guardianships will be transferred from probate court to juvenile court, and going forward, all new minor guardianships will be filed in juvenile court. The bill:

• Sets out requirements for a minor guardianship with parental consent as well as for a minor guardianship without parental consent, including requirements for the petition for guardianship and the required notice to interested parties.
• Requires that guardianships with parental consent include an agreement between the parents and guardian to be filed with the court outlining the responsibilities of the guardian, the responsibilities of the parents and the expected duration of the guardianship.
• Requires that guardianships without parental consent must be evidenced by clear and convincing evidence that no parent is willing or able to care for the child and appointment of the guardian would be in the best interests of the child.
• Authorizes minor guardianships in termination of parental rights cases and child in need of assistance cases.
• Requires that all proposed guardians have background checks, which would include a criminal history check, child abuse registry check, dependent adult abuse registry check and sex offender registry check.
• Allows the court to appoint an attorney for the minor and an attorney for the parents if the parents object to the appointment of a guardian and request an attorney but are unable to pay for an attorney.
• Allows the court to appoint a court visitor (formerly referred to as a guardian ad litem) who cannot be the attorney for the minor and who must file a report with the court after an investigation regarding the potential appointment of a guardian.
• Sets out the responsibilities and duties of a guardian and requires the guardian to file reports, including an initial care plan for the minor and annual reports thereafter. The required reports may not be waived.
• Sets out procedures for removal of a guardian, as well as for termination and modification of guardianships.
  [4/10: 49-0 (Absent: Feenstra)]

 

HF 610 – Adult guardianships and conservatorships

HF 610 changes Iowa’s adult guardianship and conservatorship laws, which will apply to minor conservatorships as well. The bill is based on recommendations from the Judicial Branch Guardianship and Conservatorship Task Force. The bill:

• Requires criminal background checks for proposed guardians and conservators, as well as checks of the dependent adult abuse, sex offender and child abuse registries.
• Requires a conservator surety bond or a similar alternative to protect the assets of the person under conservatorship.
• Requires stronger requirements for court monitoring of guardians and conservators to ensure they perform their duties and that those under guardianship receive needed care and protection.
• Requires a hearing on the proposed guardianship or conservatorship and that a record of the hearing be made.
• Authorizes a “court visitor” to provide the court with information on whether a conservatorship or guardianship is appropriate.
• Requires the court to consider less drastic alternatives to guardianships and conservatorships that might be appropriate, and requires the court to consider limited guardianships or conservatorships.
  [4/10: 49-0 (Absent: Feenstra)]

 

HF 679 – Substantive code editor’s bill

HF 679 is submitted annually by the Iowa Code Editor to the Judiciary Committee pursuant to Iowa Code Section 2B.6 and Joint Rule 11. The substantive Code Editor’s bill makes various changes throughout the Code, including, but not limited to, correcting language to conform to other Code language or current practices, eliminating conflicting language or ambiguous language, and repealing or striking redundant language.
[4/9: 48-0 (Absent: Bisignano, Feenstra)]

 

HF 681 –Criminal history checks for work with children, elderly, disabled

HF 681 permits entities that provide care for children, the elderly or those with disabilities, or care placement services to request a national criminal history record check by the FBI on covered individuals through the Department of Public Safety whose authority to do the criminal history checks is derived from authority it has pursuant to the National Child Protection Act. Covered individuals include those who may have access to children, the elderly or individuals with disabilities served by a qualified entity and who are employed by, volunteer with or seek to volunteer with a qualified entity. Qualified entities can include a business or organization, whether public private, for-profit, nonprofit or voluntary that provides care or placement services. The covered individual will provide fingerprints, which will be submitted to the Division of Criminal Investigation to complete the criminal history check. The Department of Public Safety will adopt rules to administer this Chapter.
[4/23: 49-0 (Absent: Petersen)]

 

HF 707 – Juvenile delinquency proceedings, termination of parental rights notice

HF 707 provides that in juvenile delinquency proceedings and termination of parental rights proceedings, the service of summons or notice may be sent by email or other electronic means with the consent of the party to be served. Current law allows in-person service or service by certified mail. In the juvenile delinquency cases, notice will go to the juvenile and the parent or guardian. In termination of parental rights proceedings, notice will go to living parents of the child, a guardian of the child, custodian of the child, a guardian ad litem, the petitioner or the person standing in the place of the parents of the child. Notice by electronic means in termination of parental rights proceedings must be sent at least seven days prior to the hearing.
[4/24: 50-0]

 

HF 719 – Conciliation related to dissolution of marriage

HF 719 provides that the court, on its own motion or upon the motion of a party, may decide whether the parties to a divorce must participate in conciliation. Under current law, a court must order conciliation, and parties are required to participate in conciliation upon the application of either party. Conciliation can only be waived upon a showing of elder abuse or domestic abuse. This bill would make any conciliation requirement solely up to the discretion of the court.
[4/18: 49-0 (Absent: Mathis)]

 

HF 732 – Medical cannabidiol—BILL VETOED

HF 732 makes these changes to the current medical cannabidiol program:

• Amends “debilitating medical condition” under Code definitions by replacing “untreatable pain” with “severe or chronic pain.”
• Allows licensed physician assistants and registered nurse practitioners to provide written certification attesting to patients’ eligibility for the medical cannabis program.
• Removes the current 3% THC cap and replaces it with 25 grams over 90 days maximum disbursement.
• Removes the prohibition on certain felons applying for medical cannabidiol registration card.
• Allows medical cannabidiol dispensaries to employ licensed pharmacists or pharmacy technicians.
• Creates a waiver process that allows a provider to certify a qualified patient to receive more than 25 grams of THC over a 90-day period if the health care practitioner determines 25 grams is not adequate or the patient’s debilitating condition is a terminal illness with life expectancy of less than one year.
• Directs the Iowa Department of Public Health to adopt rules for collecting and evaluating data relating to patient demographics, effective treatment options, clinical outcomes and quality-of-life outcomes for reporting on benefits, risks and outcomes for patients participating in the program.
  [4/27: 40-7 (No: Behn, Breitbach, Carlin, Costello, Feenstra, Garrett, Whiting; Absent: Dawson, Lykam, T. Taylor)]

 

HF 734 – Changes to Iowa’s DNA profiling laws

HF 734 updates Iowa’s law for a defendant to pursue DNA testing after a conviction. Dozens of convicted individuals across the country have been exonerated through DNA testing. With technology improvements, DNA evidence can be tested with smaller evidentiary samples. Iowa’s law is written in such a way that it prohibits convicted defendants from obtaining updated DNA testing. This bill will allow defendants, under specified conditions, to apply for post-conviction DNA testing.
[4/24: 50-0]

SF 385 – Uniform Athlete Agents Act
SF 2098 – Updating probate code for electronic document management system
SF 2099 – Administration of small estates
SF 2135 – Comparative fault for not wearing seatbelt
SF 2139 – Waiver of spousal share in power of attorney
SF 2165 – Crime victim compensation
SF 2175 – Real estate partitions
SF 2229 – Mechanics’ liens and collateral
SF 2230 – Kidnapping of those under 18
SF 2235 – Sabotage of critical infrastructure
SF 2241 – Parole violations
SF 2303 – Deferred inheritance taxes
SF 2314 – Business corporations fixes
SF 2321 – Stun guns do not require a permit to carry
SF 2378 – Terms for members of boards of directors (Casey’s)
SJR 2007 – No license suspension for drug offenses (Does not require Governor’s signature)
HF 2125 – Distribution of assets by affidavit
HF 2199 – Illegal use of a scanning device or encoding machine
HF 2232 – Mortgage releases
HF 2233 – Mechanics’ liens and claims on public-improvement project retainage
HF 2238 – Insurance fraud
HF 2255 – Contraband in Community Based Corrections facilities
HF 2300 – Mental health professionals creating business entities
HF 2318 – Redemption of parcels sold at tax sales
HF 2338 – Temporary restricted licenses for OWI offenders
HF 2342 – Property and weapons seized by DNR as a public nuisance
HF 2343 – Rules, guidance and standards requiring clear authority
HF 2348 – Non-substantive Code editor’s bill
HF 2381 – Disposition of a child found to have committed a delinquent act
HF 2392 – Mechanical eavesdropping
HF 2402 – Agent’s termination under a power of attorney
HF 2404 – Restitution paid to an estate or heirs of a crime victim
HF 2443 – Confidentiality of juvenile records
HF 2457 – Substantive Code editor’s bill
HJR 2009 – Right to bear arms constitutional amendment (Does not require Governor’s signature)

 

SF 385 makes changes to Iowa’s Uniform Athlete Agents Act. The original Act was passed to ensure that athlete agents adhere to certain requirements when recruiting athletes. The bill:

• Expands the definition of “athlete agent” to include financial advisors, brokers and business services people who may contact student athletes.
• Requires athlete agents to register with the Secretary of State, who is given authority to write rules to implement the Chapter.
• Expands disclosure requirements for agents so that students and their parents know exactly who they are dealing with.
• Strengthens the requirement that agents give notice of their involvement to education institutions.
• Increases penalties for an agent who violates the law.
• Enhances remedies available to the student-athlete and education institutions aggrieved by agent non-compliance.
  [3/3/17: 50-0]

 

SF 2098 updates the probate Code sections to reflect current practice using the electronic document management system. The bill:

• Removes a reference to clerks keeping a “book” in which to record probate proceedings and removes a reference to a requirement for a written notation in a hard copy record of real estate transactions in probate. These records will be kept electronically.
• Removes the ability of the clerks of court relating to probate matters:
• To appoint personal representatives, guardians and conservators for minors, determine the amount of a bond, or waive or approve of bonds provided by fiduciaries in probate.
• To admit wills to probate when not contested and make orders related to them, including orders for the issuance of commissions to take depositions.
• To make orders in relation to the personal effects of a decedent where no objection is filed.
• To approve petitions and reports in respect to the sale, mortgage, pledge, lease or exchange of property when notice has been waived by all persons.
• Repeals Code section 633.72, which relates to notice to nonresident fiduciaries.
  [2/19: 49-0 (Absent: Sinclair)]

 

SF 2099 increases the size of what qualifies as a small estate for probate purposes from $100,000 to $200,000. If a personal representative files to convert the estate administration to or from a small estate based on assets, a court order is not required to make the change. The clerk will make the conversion when a personal representative’s statement is filed. The bill makes changes to the requirements for closing the estate by sworn statement, specifies what is necessary to close a small estate, and clarifies that clerks of court must close a small estate without a court order upon proof that the closing statement has been served and assets distributed. In the alternative, the clerk will close the small estate 60 days after filing of the closing statement and proof of service. The bill adds a definition of “probate assets” to the probate code. “Probate assets” means a decedent’s property subject to administration by a personal representative and requires attorneys for a small estate to clearly specify which assets are probate assets and their gross value. The section of the bill increasing the size of an estate that qualifies as a small estate is effective July 1, 2020. The remaining sections of the bill take effect July 1, 2018.
[3/28: 46-0 (Absent: Bertrand, Lykam, Zumbach; 1 vacancy)]

 

SF 2135 relates to the failure to wear a seatbelt that results in injuries suffered in a motor vehicle accident. Previously, if an individual is injured in a motor vehicle accident caused by another person, but it can be shown that the individual’s failure to wear a seatbelt or safety harness contributed to their injuries, the damages awarded to the injured individual in a civil suit may be reduced by up to 5 percent of any award. The bill increases the amount by which damages can be reduced up to 25 percent. There must be substantial evidence that failure to wear the seatbelt or safety harness contributed to the injury.
[2/20: 48-0 (Absent: Behn, Zumbach)]

 

SF 2139 comes from the Iowa State Bar Association and gives specific additional powers relating to real property if an agent (person given power over another’s financial matters) in a financial power of attorney is given general authority over a person’s interests in real property. If the power of attorney does not specifically restrict an agent’s power, the agent could relinquish any and all of the principal’s rights of dower, homestead and elective share. Dower is a spouse’s right to a portion of their deceased spouse’s real property. An elective share is the property that a surviving spouse can choose to receive contrary to a deceased spouse’s will. The bill is effective upon enactment.
[2/19: 49-0 (Absent: Sinclair)]

 

SF 2165 relates to the Victim Compensation Fund. Payments are made to victims of certain crimes for expenses incurred because of the crime. The fund is made up of criminal surcharge monies and other sources and has no impact on the General Fund. The bill:

• Adds a definition of “survivor of a deceased victim” so that there is a consistent definition throughout the Code for providing compensation.
• Adds the ability to receive compensation for loss of income incurred by a survivor of a deceased victim for a funeral, memorial or burial service.
• Allows compensation for cleaning a crime scene, regardless of where the crime occurs. In the past, compensation was limited to cleaning a residence.
• Provides for compensation for dependent care expenses when a survivor attends a funeral, burial or memorial service.
• Provides for replacing or installing new locks and other residential security items.
• Provides for additional compensation to a victim, a secondary victim or survivor for charges, expenses or loss of income if the expenses were not authorized at the time of the initial application for benefits.
• Says a “new event” (e.g., a retrial, a change in offender custody status or a new appellate court decision) will allow for additional compensation.
  [3/6: 50-0]

 

SF 2175 is a Bar Association bill. It provides the courts with procedures for partitioning property when co-tenants disagree on the disposition of property owned by the co-tenants. The bill sets procedures for partition by sale and for partition in kind (i.e., dividing the property between all owners rather than selling it and dividing the proceeds). All partition procedures will be placed in Code Chapter 651. In the past, most procedures for partition were included in court rules. There are two distinct divisions in the bill: one provides procedures for all partitions; the other includes special provisions that apply only where real estate is heirs’ property as defined in the bill. To be considered heirs’ property, at least 20 percent must be owned by relatives. Per court rule, the courts have favored partition of property by sale; however, this bill provides a procedure when the property is heirs’ property and some of the heirs request a partition in kind, wanting to keep the property in the family.
[2/20: 48-0 (Absent: Behn, Zumbach)]

 

SF 2229 deletes archaic Code Section 572.3, which prohibits obtaining a mechanic’s lien when a person takes collateral security for performing  labor or supplying materials.
[2/21: 49-1 (No: Taylor; Absent: D. Johnson)]

 

SF 2230 adds kidnapping someone under the age of 18 to the definition of second-degree kidnapping. Previously, second-degree kidnapping occurred when the purpose was to hold the victim for ransom or when the kidnapper was armed with a dangerous weapon. Second-degree kidnapping is a “B” felony, punishable by up to 25 years in prison. If a judge or jury determines a second-degree kidnapping was sexually motivated, the kidnapper must register as a sex offender.
[2/27: 50-0]

 

SF 2235 is the “sabotage of critical infrastructure” bill, which creates a new crime relating to damaging critical infrastructure. The penalty is a “B” felony punishable by up to 25 years in prison and a fine of between $85,000 and $100,000. “Critical infrastructure sabotage” is defined as “an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure.” However, it does not include an accidental interruption or impairment of service caused by a person performing their work or caused by lawful activity. In addition, critical infrastructure sabotage does not include any condition or activity related to producing farm products as defined in section 554.9102, including, but not limited to, discharging agricultural storm water; constructing or using soil or water-quality conservation practices or structures; preparing agricultural land and raising, harvesting, drying or storing agricultural crops; applying fertilizer as defined in section 200.3, pesticides as defined in section 206.2 or manure  as defined in section 459.102; installing and using  agricultural drainage tile and systems; constructing, operating or managing an animal feeding operation as defined in section 459.102; and caring for, feeding or watering livestock.

These  categories are considered critical infrastructure:

• Electrical infrastructure
• Gas, oil, petroleum, refined petroleum products or chemical critical infrastructure
• Telecommunications or broadband critical infrastructure
• Wastewater critical infrastructure
• Water supply critical infrastructure

The bill limits infrastructure in these categories to infrastructure used for generating, transmission, delivery, transportation, collection or storage systems. In addition, the bill includes in the definition any “land, building, conveyance, or other temporary or permanent structure whether publicly or privately owned, that contains, houses, supports, or is appurtenant to any critical infrastructure.”
[4/3: 35-13 (Yes: Republicans, Allen, Bowman, Danielson, Hart, Horn, Kinney, Mathis Ragan; Absent: Dawson; 1 vacancy)]

 

SF 2241 allows a parole officer to make a complaint to any magistrate in the judicial district where a parolee is being supervised if the parole officer believes a parolee has violated parole. If there is probable cause to believe the parolee has violated parole, the magistrate will issue a warrant for their arrest. In addition, the bill removes Code language that allows an individual to waive their parole-revocation hearing.
[3/12: 49-0 (1 vacancy)]

 

SF 2303 relates to deferred inheritance taxes when a person is given a life estate in a decedent’s property. At times when people die, they leave what is called a “life estate” to a survivor who may use the decedent’s property while the survivor is alive. An example would be the use of a home until the survivor’s death or for a number of years. After the survivor dies, the property is inherited by another person that the decedent named, generally in the decedent’s will. As a result, inheritance taxes are deferred until the death of the survivor with the life estate. This bill provides several methods for securing the inheritance taxes upon the death of the survivor with a life estate. According to the Bar Association, bonds to secure payment of the inheritance taxes are difficult to obtain. This bill is intended to help solve that issue. It adds that inheritance tax payment can be secured through an irrevocable payable-on-death or transfer-on-death account, payable to the Department of Revenue and approved by the Department of Revenue; or through an escrow agreement with the Department of Revenue with a private attorney acting as escrow agent holding the funds in the attorney’s trust account.
[3/5: 49-0 (Absent: Hart)]

 

SF 2314 makes technical changes to several Code Chapters relating to corporations. Some references were inadvertently omitted from previous legislation relating to corporate entities.

• The changes to Chapter 9H relating to corporate farming ensure that all prior and current versions of Iowa’s Nonprofit Corporations Act are clearly referenced in the definition of “nonprofit corporation” relating to nonprofit corporations acquiring agricultural land.
• The bill provides that in the case of a corporation organized under Code Chapter 491 – Corporations for Pecuniary Profit — a director’s “conflict of interest transaction” is subject to the same requirements as directors of a corporation organized under Code Chapter 490 – Business Corporations. It allows a director of a corporation organized under Chapter 491 to take advantage of a safe harbor provision known as the “business opportunity” exception, which applies to a director of a corporation organized under Chapter 490.
• The bill also makes changes to Chapter 504, Iowa’s Revised Nonprofit Corporation Act, relating to standards of liability for directors.
  [3/5: 50-0]

 

SF 2321 removes the requirement that a person obtain a permit to carry a dangerous weapon if the weapon in question is a stun gun. A person carrying a Taser must still obtain a permit because  Tasers and stun guns are different weapons. Stun guns will continue to be considered dangerous weapons if used in the commission of a crime. A person under 18 is prohibited from carrying a stun gun.
[3/12: 49-0 (1 vacancy)]

 

SF 2378 removes the requirement for staggered terms for members of public corporation boards of directors.
[2/27: 50-0]

 

SJR 2007 establishes that the Legislature does not want to enforce federal law requiring drivers’ license suspensions for drug offenses because the law is an obstacle to mobility, employability and rehabilitation.

To obtain federal highway funding, Iowa must certify every year that it is complying with federal law requiring drivers’ license suspensions for drug offenses that have no relationship to driving. However, if a legislature passes a resolution indicating the state does not want to comply with the federal requirement and if the Governor submits a written certification to the U.S. Secretary of Transportation that the governor is also opposed to enforcing the requirement, the state can continue to receive its federal funding. Iowa has 5,000 license revocations for drug offenses each year. More than 350 people are arrested and charged with driving while suspended/revoked each year after having their license suspended or revoked for a drug offense.
[2/27: 50-0]

 

HF 2125 relates to distribution of property by affidavit. Under Iowa law, if a person dies owning $25,000 or less in personal property to be distributed to heirs, the property can be distributed through an affidavit, thus avoiding probate. This bill increases the amount of property that can be distributed by affidavit up to $50,000. In addition, the bill adds three requirements that must be included in the affidavit: (1) That no money is due Medicaid or, if due, Medicaid is to be paid; (2) That no inheritance taxes are due or, if due, will be paid; and (3) That creditors will be paid to the extent of funds received. Distribution by affidavit does not apply when real property is involved.
[3/19: 47-0 (Absent: Sinclair, Zumbach; 1 vacancy)]

 

HF 2199 updates criminal law relating to unauthorized use of scanning devices or encoding machines to obtain information encoded on a payment card. The update is intended to keep abreast of technology used to steal information from payment cards. Under the bill, if someone directly or indirectly uses a scanning device to access, read, obtain, memorize or store information encoded on a payment card without authorization, it is a “D” felony. In addition, it is a “D” felony if someone directly or indirectly uses an encoding machine to place information from a payment card onto a different payment card without authorization.

It will be an aggravated misdemeanor if a person possesses a scanning device with the intent to use it to obtain information encoded on a payment card without authorization, or possesses a scanning device with knowledge that a person other than an authorized user intends to use the scanning device to obtain information encoded on a payment card without authorization.
[3/1: 49-0 (Absent: Bertrand)]

 

HF 2232 provides one procedure for releasing and satisfying a mortgage in Chapter 655 – Satisfaction of Mortgages, removing Code language in Chapter 535B that provides another remedy to secure a release and satisfaction of a mortgage. Highlights include:

• Clarifying that a mortgagee must acknowledge satisfaction in writing no more than 30 days after the mortgage is paid off.
• If a revolving line of credit is secured through the mortgage, the mortgagee only must file a release and satisfaction upon payment in full, as long as the mortgagor makes a written request to the mortgagee that the mortgage be released.
• If a mortgagee fails to discharge within 30 days of the request, the mortgagee is liable for all actual damages, plus reasonable attorney fees. The mortgagee is subject to a $500 penalty.
• Adding a new Code section requested by the Bankers Association, which limits liability of a mortgagee if the mortgagee has reasonable procedures to achieve compliance with the requirements of filing mortgage releases; the mortgagee complied with the procedures in good faith; and the mortgagee was unable to comply with its obligations because of circumstances beyond its control.
  [3/21: 49-0 (1 vacancy)]

 

HF 2233 has two key parts. One relates to amending liens filed by subcontractors for work done on private construction projects. The other relates to retention funds required in public construction projects to be reserved until the end of the project to be available to subcontractors who have not been paid for their work.

Under the bill, a lien statement may be amended by the claimant without court involvement to decrease the amount demanded in the lien. This can be done through the mechanics’ notice and lien registry. A lien statement may only be amended by leave of court to further justice, and no lien statement can be amended to increase the amount demanded.

The bill also makes significant changes to Chapter 573 (labor and materials on public improvements) regarding who is entitled to make claims against a retainage and the requirements to make a claim. The bill requires a furnisher of labor, materials, service or transportation to a subcontractor on a public improvement project to provide a one-time notice in writing within 30 days of starting work or first supplying materials to the principal contractor, along with detailed contact information for the furnisher and subcontractor. However, the 30-day notice requirement will not apply to subcontractors working on highway, bridge or culvert projects. Any person making a claim against the retainage must provide a certified statement that the principal contractor received the required notice. Previously, there was no 30-day notice requirement on public improvement projects, and those who supplied labor, materials, service or transportation that have not been paid could make a claim against the retainage at the end of the project. Code section 26.13 (early release of retained funds in public construction projects) is deleted. The language is placed in Chapter 573 (labor and materials in public construction projects).
[3/27: 26-21, party line (No: Democrats, D. Johnson; Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2238 specifies that an insurer can be a victim for purposes of restitution if insurance fraud has been committed against the insurer. The bill clarifies that when an insurer pays a victim’s insurance claim, the insurer is not the victim and has no right of subrogation.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2255 makes it a crime to introduce contraband into or onto a community based correctional facility; convey contraband to anyone confined in a community based correctional facility; or knowingly make, obtain or possess contraband while confined in a community based correctional facility. Contraband includes, but is not limited to:

• A controlled substance or a simulated or counterfeit controlled substance, hypodermic syringe or intoxicating beverage.
• A dangerous weapon, offensive weapon, pneumatic gun, stun gun, firearm ammunition, knife or other cutting device, explosive or incendiary material, instrument, device or other material fashioned to be capable of inflicting death or injury.
• Rope, ladder components, key or key pattern, metal file, instrument, device, or other material designed or intended to facilitate escape of an inmate.

Failure to report a known violation or attempted violation to a community based correctional officer or official is an aggravated misdemeanor. Possession of contraband that is a controlled substance or materials intended to facilitate escape is a “D” felony. Possession of contraband, such as a dangerous weapon, offensive weapon, stun gun or knife, is a “C” felony.
[3/13: 49-0 (1 vacancy)]

 

HF 2300 adds licensed mental health counselors and licensed social workers to the list of professionals who can form a professional limited liability company. In addition, the bill specifies that marital and family therapy counselors, mental health counselors, and psychologists and licensed social workers will be considered professionals that can lawfully practice in partnership and form a professional limited liability company. The bill also adds marital and family therapy, mental health counseling and licensed social work to the list of professions permitted to form a professional corporation, and allows marital and family therapy counselors, mental health counselors, and psychologists and licensed social workers to practice in combination as licensed individuals or as a partnership of licensed individuals in a professional corporation.
[3/26: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2318 creates a process for minors and those with a legal disability to redeem real property held in their name after it has been sold at a tax sale and the county treasurer has delivered the treasurer’s deed. Under Code section 447.7, a minor or person with a legal disability may redeem property sold at a tax sale at any time up until age 19 for minors or a year after the legal disability has expired. However, the Code section (447.8) that delineates how property sold at a tax sale is to be redeemed does not describe how minors or those with a legal disability who are the initial titleholders of the property are to redeem after the 90-day redemption period expires and the treasurer has issued the treasurer’s deed to the tax sale purchaser. This gap in the law has allowed some properties to remain with uncertain title for extended periods.
[3/19: 47-0 (Absent: Sinclair, Zumbach; 1 vacancy)]

 

HF 2338 allows persons subject to a hard suspension of driving privileges after operating a vehicle while intoxicated to apply for a temporary restricted license and avoid the hard suspension. To obtain a temporary restricted license, the applicant must install an ignition interlock device. In addition, the bill removes the limitations on driving that are imposed on those with temporary restricted licenses. Previously, a person with a temporary restricted license could only drive to and from home and specified places relating to employment, health care, education, substance abuse treatment, court-ordered community service, and parole and probation appointments. In addition, those with temporary restricted licenses who are participating in a sobriety and drug monitoring program (24/7) could drive to and from the drug monitoring appointments. Under the bill, first-time OWI offenders who test between .08 and .10 must install an ignition interlock device to obtain a temporary restricted license. Previously, they did not have to install an ignition interlock. The suspension of driving privileges for those with a commercial licenses or who drive school buses remains unchanged. Those who cause the death of another due to driving while intoxicated are still subject to a hard suspension of their driving privileges and cannot obtain a temporary restricted license for two years.
[3/26: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2342 prohibits the state from confiscating fish, furs, birds or animals, or mussels, clams or frogs seized because it was suspected that they were illegally possessed, taken, transported, etc., if the person suspected of and charged with illegal possession, etc., is not convicted. If there is no conviction, seized property must be returned within 30 days of a “not guilty” verdict, within 30 days of dismissal or within 30 days of the statute of limitations. However, no fish or wildlife can be returned if it is illegal to possess, including those taken, possessed or transported unlawfully.

“Convicted” means a finding of guilt, payment of a scheduled fine, plea of guilty, deferred judgment, deferred or suspended sentence or delinquency adjudication, or when no charge is filed because the person agrees to provide information about another person’s criminal activity.

In addition, the state may only condemn property seized as a public nuisance (e.g., property used to illegally capture, kill, etc., wildlife, such as illegally shooting a bald eagle with a gun) if the person from whom the property was seized is convicted. If there is no conviction, the property must be returned.

Previously, if property seized as a public nuisance was condemned pursuant to Chapter 483A, proceeds from the sale of the property go to the Fish and Game Protection Fund.

The Department of Natural Resources (DNR) will report to the Oversight Committees how much is deposited in the fund each year. In addition, the seizing public agency must adopt a policy for keeping detailed records on acquired property, the date it was acquired, how and when it was disposed, and financial records for property sold. Employees or family members of employees of the seizing agency cannot  purchase condemned property, including weapons. A purchaser at a sale of seized and confiscated property (held by the DNR) must sign a declaration that they are not an employee or a family member of an employee of the seizing agency.
[4/16: 30-18 (Yes: Republicans, Bowman, Kinney, Taylor; Absent: Bertrand, Zumbach)]

 

HF 2343 prohibits all state agencies from implementing or enforcing any standard, requirement or threshold unless it is clearly required or clearly permitted by statute, rule or federal law or regulation, or is required by a court ruling, a state or federal executive order or a state or federal directive that would result in the gain or loss of funding, or a federal waiver.
[3/20: 46-3 (No: Hogg, Petersen, Taylor; 1 vacancy)]

 

HF 2348 is the Non-Substantive Code Editor’s Bill, which makes minor, non-substantive and non-controversial changes to Iowa Code. The bill consists of 129 sections and includes 20 numerical updates, 26 terminology or name changes, 23 grammatical changes, five corrections of clerical errors, eight standardizations of Iowa Code and federal citations, and 84 updates to Code section style or format.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2381 relates to custody of juveniles who are sent to the State Training School for Boys in Eldora or another facility after committing a delinquent act. Previously, when a juvenile age 12 or above committed a forcible felony, a drug-related felony or a homicide, the court could transfer guardianship to the Iowa Department of Human Services for purposes of transferring the juvenile to the State Training School or another facility. The bill removes the court’s ability to transfer guardianship and inserts that the court may transfer custody of the juvenile to the Department of Human Services.
[4/5: 46-0 (Absent: Bertrand, Bisignano, Zumbach; 1 vacancy)]

 

HF 2392 relates to recording or intercepting communications. Previously, it was a serious misdemeanor to record or intercept a conversation without authority to do so. A person could only legally record or intercept a communication when the sender or recipient of a message or a person openly present and participating in or listening to a communication records the communication. In addition, the law allowed the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.

HF 2392 creates another exception allowing people to legally record or intercept communications. This exception is “use of a monitoring device,” which will allow people to listen to, record or intercept a conversation or communication by electronic or mechanical means, if the electronic or mechanical device is “placed outside a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.” These are seen as anti-theft and security devices, and the law specifies that the purpose of the monitoring device must be to detect or prevent criminal activity.

In addition, the bill amends Section 808B.2 under the Interception of Communications Chapter to authorize the owner or lessee of real property to intercept an oral communication when a surveillance system is placed in or on the real property owned or leased by the person, and the system is installed with the knowledge and consent of all lawful owners or lessees of the real property, and the surveillance system is used to detect or prevent criminal activity in or on property owned or in an area accessible to the public in the immediate vicinity of the property.
[3/20: 48-1 (No: McCoy; 1 vacancy)]

 

HF 2402 addresses instances when a person who has power of attorney regarding financial decision-making for another commits or is accused of committing dependent adult abuse of the person whose finances they control.

In a power of attorney governed by Chapter 633B, the person with authority to make financial decisions for another is called the agent. The person who has ceded their decision-making authority is the principal.

Under the legislation, an agent’s authority under a power of attorney automatically terminates if the agent commits dependent adult abuse of the principal per a dependent adult abuse report, or the agent is convicted of dependent adult abuse of the principal. Those who become aware of pending criminal charges of dependent adult abuse against an agent or become aware of an investigation of dependent adult abuse relating to the agent can file a petition with the court for review of the agent’s conduct.

The court can suspend an agent’s authority and appoint a guardian ad litem, who must be a practicing attorney, to represent the principal when someone petitions the court pursuant to pending criminal charges of dependent adult abuse or there is an investigation of potential dependent adult abuse.
[3/27: 47-0 (Absent: Bertrand, Zumbach; 1 vacancy)]

 

HF 2404 relates to restitution under criminal law for a felony that caused the death of another person. Under Code section 910.3B, the offender must pay $150,000 to the victim’s heirs or the victim’s estate. This bill ensures any restitution required under 910.3B will not be reduced by a third-party payment, including an insurance payment, unless the offender is covered by the insurance.
[4/3: 48-0 (Absent: Dawson; 1 vacancy)]

 

HF 2443 relates to the delinquency jurisdiction of juvenile court and the confidentiality and disclosure of certain juvenile court records. The bill:

• Expands the definition of a delinquent act to include trespass violations.
• Provides that a hearing for a child alleged to have committed a delinquent act must be held within two working days of the child’s admission to a shelter care facility and within one working day of admission to a detention facility. Previously, the law required that hearings be held within 48 hours and 24 hours respectively.
• Creates a new Code section requiring official juvenile court records, except those alleging delinquency, to be confidential and not accessible as public records. However, such confidential records must be disclosed without a court order to judges and professional court staff, the child and the child’s counsel, the child’s parent, guardian ad litem and members of a reviewing child advocacy board or a local citizen foster care review board, county attorney or designees, and other entities and individuals whose duties require access to the information.
• Expands the list of those who may receive juvenile court records online or in an electronic customized data report prior to delinquency adjudication when the records pertain to an act that would be a forcible felony if committed by an adult. This includes those operating a juvenile diversion program. Those operating a juvenile diversion program may also receive police reports and related information that assist in the operation of the juvenile detention program.
• Provides that rules for maintaining or destroying sealed juvenile records will be prescribed by the state court administrator.
• Requires the district court to dismiss charges and the clerk to seal any records if the charges were erroneously filed in district court, and juvenile court has exclusive jurisdiction.
• Requires records for cases that were initially filed in district court but transferred to juvenile court be sealed after they have been forwarded to the juvenile court.
• Provides that, without an order making juvenile court records public, the Department of Public Safety must not release the records.
  [4/16: 48-0 (Absent: Bertrand, Zumbach)]

 

HF 2457 is the substantive Code Editor’s Bill, which adjusts language reflecting current practices or changes made through past legislation; corrects manifest errors; clarifies ambiguities; eliminates conflicts; and deletes obsolete or temporary provisions.
[3/6: 50-0]

 

HJR 2009 proposes an amendment to the Iowa Constitution conferring the right of the people to keep and bear arms. In addition, the resolution states that “(t)he sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.
[3/21: 34-15 (Yes: Republicans, Allen, Bowman, Horn, D. Johnson, Kinney, Taylor; 1 vacancy)]

The following bills were passed by the Legislature and signed into law by the Governor.

SF 260 – Premises liability – trespassers
SF 275 – Change of venue in termination of parental rights proceedings
SF 332 – Changes to controlled substances schedules
SF 333 – Fiduciary access to digital assets
SF 358 – Authorizing electronic application for search warrants
SF 374 – State Public Defender policy bill
SF 376 – Claims for asbestos exposure
SF 401 – Sexual abuse civil protective orders
SF 403 – Theft of equipment rental property
SF 405 – Substantive Code Editor’s bill
SF 413 – Statute of Repose
SF 433 – Relating to adoption and adoption fraud
SF 444 – Using handheld devices and establishing a 24/7 program
SF 445 – Law enforcement officer privileges and sentencing reform
SF 446 – Civil asset forfeiture
SF 465 – Medical malpractice, caps on damages, expert witness requirements
SF 466 – Juror master list and shorthand reporters
SF 467 – Felons and life insurance proceeds
HF 52 – Criminal offense of interference with judicial acts- bailiffs
HF 69 – Modifying penalties for trespassing
HF 133 – Guardians ad litem, attorneys for minor children, child custody investigators
HF 134 – Regulating the occupancy of rental property based on familial status
HF 146 – Notice requirements for forcible entry and detainers
HF 183 – Service of copies of court documents relating to dependent adults
HF 184 – Petitions for administration of small estates
HF 195 – Requests for notice of probate proceedings
HF 253 – Relating to paternity and the obligation for support
HF 263 – Domestic abuse, harassment, and stalking
HF 296 – Definition of imitation drugs moved to Chapter 124, increasing penalties
HF 371 – Att. fees and court costs in action pursuant to request for quitclaim deed
HF 488 – Non-substantive Code Editor’s bill
HF 517 – Firearms omnibus bill
HF 523 – Medical examiners access to drug prescribing and dispensing information
HF 524 – Medical cannabis (originally related to the drug prescribing and dispensing)
HF 526 – Criminal offense of harassment and nonconsensual pornography

SF 260 establishes that a possessor of real property is not liable for injury to a trespasser, except to use reasonable care to avoid injuring them once their presence is known. They may be liable if a child trespasser is injured by a dangerous condition that should have been known to the possessor. This codifies case law relating to premises liability, and is an effort to preempt courts from adopting a different liability standard that would potentially impose greater liability.
[3/3: 48-1 (Bisignano “no”; C. Johnson absent)]

 

SF 275 allows a petition terminating parental rights to be filed in a county other than the county where the children, guardian, mother or pregnant woman live, if there are valid safety concerns. The petition must be made within the judicial district that includes the home county. The court must keep the residence of child and petitioner confidential.
[3/8: 49-0 (Chelgren absent)]

 

SF 332 makes changes to controlled substance schedules to conform to actions taken by the U.S. Department of Justice, Drug Enforcement Administration.
[3/13: 49-0 (Bertrand absent)]

 

SF 333 creates a new Code Chapter, “Iowa Uniform Fiduciary Access to Digital Assets Act,” to address technology changes that allow people to store property and communications online. A digital asset is “an electronic record in which an individual has a right or interest.” Electronic relates “to technology having electrical, digital magnetic, wireless, optical, electromagnetic, or similar capabilities.” Examples of digital assets include a Facebook, e-mail, Google or electronic banking accounts. “Custodians” are the companies that provide the accounts.

When a person dies or becomes incapacitated, heirs and fiduciaries may be prohibited from accessing their digital assets. This Act provides a uniform and consistent framework for individuals and their fiduciaries to plan for digital assets. Internet users will have control over their digital assets by specifying if they should be preserved, distributed to heirs or destroyed. Default rules will govern access to digital assets for executors and administrators of an estate, agents under a power of attorney, guardians, conservators and trustees.

Highlights of the Act include:

• An account user may use an online tool (e.g., Facebook) to direct a custodian to disclose their digital assets.
• The user may allow or prohibit disclosure in a will, trust, power of attorney or other record.
• A fiduciary does not possess any new or expanded rights beyond that of the user.
• There is no requirement to disclose a digital asset that was deleted by the user.
• If disclosure of some digital assets imposes an undue burden, the custodian or fiduciary may seek a court order regarding disclosure.
• Disclosure of electronic communications requires a fiduciary to provide proof that they have a right to the digital assets.
• Disclosure of non-content digital assets also requires specific documentation.
• If the request for disclosure is made by a guardian or conservator, there must be an opportunity for a hearing, after which a court may grant access to digital assets other than electronic communications. A guardian or conservator may request suspension or termination of an account.
  [3/13: 49-0 (Bertrand absent)]

 

SF 358 – Search warrants may be applied for and issued electronically. Pursuant to an electronic application, magistrates can communicate electronically with the applicant, and the magistrate may administer the person’s oath or affirmation by electronic means. In addition, an inventory of property seized pursuant to the warrant may be filed with the magistrate or clerk of court. Current law requires the inventory to be filed with the magistrate. The Judicial Branch will establish processes and procedures, which will likely be done through the Electronic Document Management System (EDMS). The Act takes effect when rules prescribed by the Supreme Court are in place and submitted to the Legislative Council.
[3/9: 48-0 (Anderson, Bertrand absent)]

 

SF 374 relates to the office of the State Public Defender. The bill:

• Conform to the Iowa Supreme Court decision in State v. Young, clarifying that an indigent person is entitled to counsel when the crime they are charged with carries a possibility of jail time.
• Updates language allowing the State Public Defender to contract with nonprofit organizations for legal services. Some nonprofits, such as the Innocence Project, use volunteer attorneys, so language requiring an organization to “employ” attorneys is deleted.
• Allows the State Public Defender’s field offices to maintain conflict separation in a virtualized cloud environment, rather than through separate servers in 20 field offices.
• Allows State Public Defenders to report case expenses within a reasonable time after a case is closed rather than the 10 days.
• Requires a political subdivision to reimburse the State Public Defender’s Office for attorney’s fees and expenses for the defense of a person charged with violating a local ordinance that requires an attorney be appointed, effective January 1, 2018.
  [4/11: 49-0 (Allen absent)]

 

SF 376 sets requirements for filing claims for asbestos exposure with asbestos bankruptcy trust claims and civil suits, including what a plaintiff must file, time limits for filings, and what is required to prove damages due to asbestos exposure. A plaintiff who files a civil asbestos action must disclose documents and information related to claims against any asbestos trust within 90 days of filing an action or 90 days of the effective date of this legislation, whichever is later. Trust claim materials and governance documents are presumed to be relevant, authentic and admissible as evidence in an asbestos action. This legislation limits recovery for damages that caused serious health problems and/or death.
[3/8: 27-22, party-line, except Bertrand, D. Johnson voting “no” with Democrats; Chelgren absent)]

 

SF 401 allows victims of sexual abuse to get a civil protective order that requires the perpetrator to stay away from them and their home, school and workplace. Previously, civil protective orders were available for victims of domestic abuse and elder abuse. Victims of sexual abuse can only get a no-contact order if there is a criminal prosecution, which does not always happen. Those protected by a domestic abuse civil protective order or a sexual abuse civil protective order can sign up for notifications from a victim notification system. The protected person and others who register will receive notification when the protective order is served, as well as notification at least 30 days prior to expiration of the order.
[3/8: 49-0 (Chelgren absent)]

 

SF 403 adds theft of equipment rental property to the definition of theft and adds a new element to what constitutes theft of equipment rental property. The aggregate value of the equipment rental property must be the original retail value of the property. Evidence of theft includes using a false name, address or identification, or deception to obtain the equipment rental property. It is also evidence of theft if a person lawfully obtains the property but fails to return the property or pay the fair market value of the property within 48 hours of receiving a written notice from the owner.
[3/13: 49-0 (Bertrand absent)]

 

SF 405 is the Substantive Code Editor’s bill that adjusts language to reflect current practices, inserts earlier omissions, deletes redundancies and inaccuracies, and removes temporary language.
[3/15: 49-0 (Horn absent)]

 

SF 413 relates to a statute of repose for improvements to real property. The bill:

• Maintains the statute of repose relating to nuclear power plants and interstate pipelines at 15 years.
• Sets the statute of repose for residential construction at 10 years.
• Maintains a statute of repose at 15 years when there is intentional misconduct or fraudulent concealment of an unsafe or defective condition.
• Sets a statute of repose for all other improvements to real property at eight years.
  [3/8: 32-16, party-line except Allen, Bowman, Kinney, McCoy voting “yes” with Republicans; Bertrand, Chelgren absent)]

 

SF 433 addresses adoption fraud. The bill:

• Limits adoption services to state licensed adoption agencies and attorneys. Both are strictly regulated for ethical practices and competency.
• Toughens penalties for scamming prospective adoptive parents.
• Caps allowable expenses payable to expectant parents who are making an adoption plan.
• Requires that all expenses paid to expectant parents be documented and reported to the court in the termination proceeding and adoption proceeding to catch abuses earlier in the process.
• Requires adoption agencies to use separate escrow accounts for adoptive parents’ funds for birthparent expenses, rather than commingling them with agency funds, and requires a detailed accounting of expenditures to adoptive parents.
  [3/21: 49-0 (Shipley absent)]

 

SF 444 is a traffic safety bill with two distinct parts.

Division I – The charge of reckless driving applies when a driver causes an accident that seriously injures or kills someone while texting. Public safety officers performing official duties, healthcare professionals in an emergency and drivers receiving safety-related information (emergency, traffic or weather alerts) are excluded from potential charges of reckless driving. A handheld electronic communication device is “a mobile telephone or other portable electronic communication device capable of being used to write, send, or view an electronic message.” Reckless driving is a Class “C” felony.

Division II requires the Department of Public Safety to create a statewide sobriety and drug monitoring program for jurisdictions (e.g., counties) that want to participate. If a person charged with an offense involving abuse of alcohol or a controlled substance, they may be required to participate in the program.

A defendant may be ordered to:

• Abstain from alcohol and controlled substances.
• Submit to twice-per-day testing to determine if alcohol or drugs are being used.
• Use an alternative method to twice-per-day testing if it creates a hardship or is geographically impractical.

Participants who fail to show up for testing or test positive may be jailed for up to 24 hours, pending a hearing. If a participant fails to show up, the magistrate can issue an arrest warrant. The program is repealed July 1, 2022.
[4/12: 49-0 (Bertrand absent)]

 

SF 445 prohibits requiring a law enforcement officer to give evidence in a criminal proceeding or to be questioned regarding:

• Personal identifying information about themselves or their immediate family, or information unrelated to the officer’s duties that could be used to threaten, harm or intimidate the officer or family.
• Identification documents necessary to conduct a lawful undercover criminal investigation.

The name, photograph, compensation and benefit records, time records, residential address or any other personal identifying information of an undercover law enforcement officer must be confidential while the officer is actively involved in an investigation. An undercover officer is “…a law enforcement officer actively engaged in undercover law enforcement work whose assignment requires the law enforcement officer to work incognito, or in a situation in which the true identity of the law enforcement officer is intentionally hidden from others.”

 

Other Divisions – Sentencing reform & attempted murder of a peace officer

1. Penalties for Crack Cocaine – Increases the amounts of crack cocaine to be charged with various levels of felonies. The increased amounts bring more parity to the penalties for the possession of crack and powder cocaine.
   1. To be charged with a super “B” felony (up to 50 years), a person must manufacture, possess with intent to distribute, etc. at least 200 grams of crack cocaine. Previous law required 50 grams or above.
   2. To be charged with a “B” felony (up to 25 years), the amount of crack cocaine must be 40 to 200 grams. Previous law was 10 to 50 grams.
   3. Forty grams or less of crack cocaine is a “C” felony” (up to 10 years).
2. Attempted murder of a peace officer – A new crime of attempted murder of a peace officer is punishable by 25 years with no opportunity for parole or work release and no earned time. If convicted of multiple offenses, the attempted murder of a peace officer is served first.
3. No mandatory minimums for “C” felony drug offenses – Removes mandatory minimums (previously 20 months) for “C” felony drug offenses. This provision is retroactive, so it may impact the sentences of approximately 175 offenders.
4. Reconsideration of a felon’s sentence – Amends Code section 902.4 to prohibit reconsideration of class “B” felonies, which is already the case for class “A” felony sentences. The bill removes the prohibition on reconsidering mandatory minimum sentences.
5. Repeals Section 152C.6 of the Code, which says that “no city, township, or county governmental body, agency, or department will enact or enforce restrictions or requirements regarding massage therapists which are not equally enacted or enforced regarding all licensed health care practitioners, including but not limited to zoning, building code, health and sanitation regulations.”
   [4/19: 50-0]

 

SF 446 is a Forfeiture Reform Act, which makes changes to Chapter 809A. Changes are in response to complaints from those who’ve had property seized by law enforcement. Highlights of the bill include:

• Minimum civil forfeiture amount: No civil asset forfeiture without a criminal conviction when the seized property is valued at less than the minimum civil forfeiture amount of $5,000.
  • If the seized property is less than the minimum, there must be a criminal conviction for forfeiture.
  • If there is a criminal conviction when the property is valued at less than the minimum, judicial forfeiture proceedings must commence within 90 days of the criminal proceeding but can be extended if with a timely petition.
  • If the property is less than the minimum, forfeiture proceedings can still be brought if:
    • The property owner is deceased
    • Charges have been brought against the owner and a warrant has been issued for the owner’s arrest, but the owner is outside the state and can’t be extradited or cannot be located.
  • Standard of proof: The standard of proof for asset forfeiture is increased to “clear and convincing evidence.” The standard had been a “preponderance of evidence that the property is subject to forfeiture.”
  • Proportionality review: Property cannot be forfeited if the value is grossly disproportionate to the severity of the crime. The court must consider certain factors in determining proportionality.
  • Law enforcement must have written internal control policies that include:
    • Detailed records of property acquired and the date it was acquired.
    • The manner in which the property was disposed, including the date of disposition and financial records regarding property sold. Records must include an itemized list of specific expenditures made with money from the sale.
    • These records will be public.

[3/28: 49-0 (Rozenboom absent)]

 

SF 465 sets a $250,000 cap on noneconomic damages that can be recovered by a plaintiff in a medical malpractice case; creates overly strict requirements for qualifying as an expert witness; and requires certificate of merit affidavits for expert witnesses. A jury may exceed the $250,000 cap on economic damages if there is substantial or permanent loss or impairment of a bodily function, substantial disfigurement or death. These changes went into effect with the Governor signed the bill into law and impact causes of action that occur on or after that date.
[4/17: 37-12 (Bisignano, Bolkcom, Boulton, Dotzler, Dvorsky, Hogg, Jochum, D. Johnson, Mathis, Petersen, Quirmbach, Taylor voting “no”; McCoy absent)]

 

SF 466 addresses Iowa’s Jury Management System and governance of Iowa’s shorthand reporters. The bill:

• Modernizes Iowa’s Jury Management System by eliminating the drawing of juror lists by a jury commission; clarifies the role and responsibilities of local jury managers; requires the master jury list to be updated electronically each year; and specifies that non-operator identification lists will be used in compiling the master jury list.
• Requires the Iowa Supreme Court to supervise the Board of Examiners of Shorthand Reporters and have authority to review and modify any Board action. The Supreme Court may establish rules for supervision of the Board. If a shorthand reporter’s certification is placed in exempt status, the reporter may transcribe and certify a proceeding that was reported while the reporter was in active status, and the reporter will be subject to the jurisdiction of the Board if circumstances require.
  [3/16: 48-0 (Bertrand, Zumbach absent)]

 

SF 467 prohibits receipt of life insurance proceeds by a person who commits a violent felony against the insured, but the felony does not cause death. A beneficiary convicted of felonious assault, felonious sex abuse, attempted murder or kidnapping, or human trafficking against the insured within the six months prior to the death of the insured is not entitled to the proceeds. The felony does not need to be related to the death. The insured may affirm in a notarized writing that the beneficiary should receive benefits under the life insurance policy despite the felony conviction.
[4/19: 50-0]

 

HF 52 adds county bailiffs to the list of professions in the Code section relating to interference with official acts. If a person knowingly resists or obstructs a bailiff in the performance of their duties, they can be charged with interference with official acts. Previously, this applied only to peace officers, jailers, emergency medical providers and firefighters.
[4/3: 49-0 (Bertrand absent)]

 

HF 69 amends penalties for simple trespass. It will continue to be a simple misdemeanor but will be punishable as a scheduled violation: a fine of $200 for a first offense, $500 for a second offense and $1000 for a third or subsequent violation. These penalties also apply to those who trespass while hunting deer other than farm deer or preserve whitetail. A peace officer may arrest an individual who has trespassed and has already received a citation, but refuses to leave the property or immediately returns to the property. A property owner can post a no trespassing notice at the entrance to the property or the forbidden part of the property.

[4/19: 49-1 (McCoy voting “no”)]

 

HF 133 prevents a person from acting as both a guardian ad litem and a child’s attorney. An attorney’s job is to advocate for the child’s wishes, while a guardian ad litem advocates for the child’s best interests. The bill details and expands the duties of the children’s attorneys and guardians ad litem, and clarifies that lawyers should not testify as witnesses or reporters in family law cases.
[4/3: 49-0 (Bertrand absent)]

 

HF 134 prohibits a city from limiting the occupancy of residential rental property based upon familial or non-familial relationships among occupants.
[4/11: 43-6 (Bolkcom, Hogg, Mathis, Dvorsky, Kinney, Quirmbach “no”; Allen absent)]

 

HF 146 – Notice requirements for a forcible entry and detainer will be deemed satisfied if the defendant or the defendant’s attorney appear at the hearing. However, if the hearing is held fewer than three days after service of the original notice or if the notice is deemed satisfied, the court must inform the defendant or their right to a continuance and will grant a continuance if the defendant wants one to prepare for the hearing or to retain an attorney.
[4/5: 50-0]

 

HF 183 expands the categories of those who could be served with a petition for protective services relating to a dependent adult. Previously, Iowa law set out an order of priority for those to be served. Once the Department of Human Services has served a person in one of the categories, it is not required to serve anyone else in the other categories. The bill adds a dependent adult’s spouse (only if they are not legally separated), the dependent adult’s parents and the dependent adult’s grandparents.
[4/3: 49-0 (Bertrand absent)]

 

HF 184 conforms the information required in a petition to commence a probate proceeding involving a small estate to that required for a large estate (more than $100,000). The bill removes the requirement that the name and relationship of each beneficiary in a testate estate (there is a will) or known heirs in an intestate estate (no will) be included in a petition to probate a small estate.
[4/13: 49-0 (Bertrand absent)]

 

HF 195 updates the Probate Code to allow electronic notices. Any person interested in receiving notices regarding a probate proceeding must provide an e-mail address so that notices can be sent electronically. Previously, the Code required notice to be sent by ordinary mail.
[[4/13: 49-0 (Bertrand absent)]

 

HF 253 modifies Code Chapter 600B relating to paternity and obligation for support when parents are not married. The modifications are intended to provide consistency between Chapter 600B and Chapter 598, which deals with custody actions between married parents. The bill provides that any party found in contempt for failing to pay child support under Chapter 600B can be ordered to pay attorney’s fees of the complaining party.  In addition, the bill requires unmarried parents involved in custody actions to complete a court-approved Children in the Middle course.
[4/10: 48-0 (Allen, Taylor absent)]

 

HF 263 relates to domestic abuse. The bill:

• Requires the court to set a mandatory minimum sentence for a third or subsequent domestic abuse assault between one-fifth and the maximum sentence. A third or subsequent domestic abuse assault is a Class “D” felony with a sentence of up to five years, so the court must establish a mandatory minimum of at least one year and up to five years.
• Expands the definition of stalking.
• Establishes the crime of unauthorized placement of a GPS device.
• Reduces earned time for a person sentenced to prison for a third or subsequent domestic abuse assault.
• Prohibits the accumulation of earned time until an offender participates and completes domestic abuse programming.
• Requires the Board of Parole in conjunction with the Department of Corrections to develop a domestic abuse risk assessment tool.
• Authorizes electronic monitoring for those convicted of domestic abuse a third time when placed on parole or work release.
• Prohibits a deferred judgement, a deferred sentence or a suspended sentence for those convicted of domestic abuse a third time.
  [4/10: 48-0 (Allen, Taylor absent)]

 

HF 296 relates primarily to imitation controlled substances. Key provisions include:

• A temporarily designated (by the Board of Pharmacy) controlled substance will remain as such for two years. If the Legislature does not act to make it permanent within that time, the temporary designation is repealed.
• All imitation controlled substances are placed on the controlled substances schedules, thus making the penalties for possession, manufacture, distribution, etc. comparable to the penalties for controlled substances.
• Placing synthetic opioids on the list of Schedule I controlled substances.

 

Division I: Temporary designations of controlled substances

Previously, if the federal government designated a new controlled substance, the Board of Pharmacy would similarly designate it a controlled substance, unless the Board objected. The designation by the Board was considered a temporary designation. For permanent designation as controlled substances, the Legislature had to designate them as such within the first 60 days of the next session. If the Legislature did not act, the temporary designation was nullified.

This bill changes the time required for the Legislature to act to make the designations permanent. The temporary designation as a controlled substance by the Board of Pharmacy will remain in effect for two years from the time the temporary designation went into effect. If the Legislature does not act in that time, the temporary designation is repealed.

 

Division II: Imitation Controlled Substances

Previously, an imitation controlled substance is “not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance.” Imitation controlled substances were covered in Code Chapter 124A and the unlawful manufacture, possession, distribution of an imitation controlled substance was an aggravated misdemeanor. If an adult delivers an imitation controlled substance to a minor who is at least three years younger than the adult, the penalty is a “D” felony.

Chapter 124A is repealed. Imitation controlled substances are now covered in Chapter 124 (scheduling of controlled substances). The definition of imitation controlled substance does not change.

• The Board of Pharmacy may designate an imitation controlled substance pursuant to rulemaking authority.
• A substance does not have to have been designated by the Board to be considered an imitation controlled substance. Factors that help determine an imitation controlled substance include:
  • Person in control indicates the substance has the effect of a controlled substance
  • Person in control indicates the substance can be sold or delivered as a controlled substance or as a substitute.
  • Person in control receives consideration for delivery of the substance.

 

Division III: Penalties for manufacture, delivery or possession with the intent to manufacture or deliver

More than 10 kilograms of an imitation controlled substance	“Super B” felony	Up to 50 years and fine up to $1 million
5 to 10 kilograms of an imitation controlled substance	“B” felony	Up to 25 years and a fine of $5000 to $100,000
5 kilograms or less	“C” felony	Up to 10 years and a fine of $1000 to $50,000.

Note: 1 kilogram equals 2.2 pounds

 

Division IV: Additional Controlled Substances – Adds a group of synthetic opioids to the list of Schedule I controlled substances.

The bill eliminates the requirement for an electronic signature for prescriptions for drugs that are not controlled substances if transmitted by an authorized agent, and strikes the 10-year mandatory minimum for a “B” felony conviction for selling and distributing Schedule I and II controlled substances near a school, park and other public places.
[4/19: 48-2 (Bolkcom, Taylor “no”)]

 

HF 371 allows a judge to assess reasonable attorney fees against defendants in quiet title actions. It also increases the fee provided to a party holding an apparent adverse interest in property when the party holding the adverse interest executes a quitclaim deed. The party requesting the quitclaim deed must make the request in writing and provide a draft of the quitclaim deed to the adverse party.
[4/13:  49-0 (Bertrand absent)]

 

HF 488 is the non-substantive Code Editor’s bill, which is submitted each year to make Code changes that generally exceed the Code Editor’s authority to make editorially but are considered to be non-substantive and non-controversial.
[3/23: 47-0 (Anderson, Bertrand, Shipley absent)]

 

HF 517 makes changes to Iowa’s firearms laws.

Division I – Offensive Weapons: Sections 1 and 2 – Legalizes possession of short-barreled rifles and short-barreled shotguns as defined by federal law, if the person is in compliance with federal law. A violation is a “D” felony.

Division II – Carrying and Possession of Weapons

• Section 3 – Removes redundant language.
• Section 4 – Going armed with intent” – “Intent cannot be inferred from mere carrying or concealment of any dangerous weapon, including carrying a loaded firearm in a vehicle or about a person’s body.”
• Section 5 – Allows private investigators and private security officers to carry firearms on school grounds while performing their job if they have a permit to carry.
• Section 6 – Makes it a serious misdemeanor to possess a dangerous weapon while intoxicated (previously an aggravated misdemeanor). Conviction of an aggravated misdemeanor involving a firearm prohibits a person from possessing a firearm under Iowa law. It will not be a crime to possess a dangerous weapon on your own property while intoxicated. Also, it will not be a crime to temporarily possess a dangerous weapon while intoxicated to use the weapon in self-defense or defense of another.
• Section 7 – If carrying a revolver, pistol or pocket billy concealed, a person must have their permit to carry with them. A violation is a simple misdemeanor. However, if the person presents evidence to the clerk of court of a permit to carry that was valid at the time of the offense, the charge is dismissed. The person still pays court costs.

Division III- Permit to Carry Weapons and Firearm Safety Training

• Section 8 – Changes “firearms training program” to “firearm safety training.”
• Sections 9 & 10 – A person only needs to show evidence of training one time within 24 months prior to applying for an initial permit to carry and must demonstrate knowledge of firearm safety through any of the following:
• Handgun safety training course available to the public offered through a law enforcement agency, community college, college, private or public institution or organization, or a firearms training school, using instructors certified by the NRA or DPS or other state’s police department.
• Any handgun safety training course for security guards, investigators, special deputies, etc. approved by the Department of Public Safety.
• Completion of small arms training while in the military at any time prior to the application.
• Completion of law enforcement agency training course that qualifies a peace officer to carry a firearm.
• Completion of hunter safety course that covers handgun safety training approved by the Natural Resource Commission.
  • No training is required for renewal of permits issued after December 31, 2010.
  • Training may be conducted over the Internet if verified by the instructor or provider of the course.
  • If an applicant’s permit expires, firearms safety training is not be required for renewal.
  • Renewals of permits may be made 30 days before or 30 days after expiration. The cost for an initial permit is $50; renewal is $25. The Department of Public Safety gets a portion of the fees to implement the law.
• Section 11 – Permits will be uniform throughout the state as implemented by the Department of Public Safety.
• Section 12 – The loser pays the cost of an appeal of permit denial. If the applicant withdraws his appeal, he must pay the sheriff’s costs. Previous law required the sheriff to pay for all appeals.
• The Department of Public Safety will promulgate rules to ensure permits issued in one county are transferable if the permit holder moves to another county.

Division IV – Permit to Acquire Pistols or Revolvers: Sections 13 through 22 – Permits to acquire are valid for five years and will have a uniform appearance as prescribed by the Department of Public Safety. Sheriffs may conduct annual criminal history checks of those who have permits to acquire. The sheriffs set the fees for permits to acquire.

Division V – Possession of Pistols or Revolvers by Persons Under 21: Sections 23 and 24 – Parents, guardians and spouses who are 21 or older may allow their child or spouse who is under 21 to possess a pistol, revolver or ammunition under direct supervision, which means maintaining a physical presence conducive to hands-on instruction, and visual and verbal contact. It is child endangerment to be intoxicated while supervising or instructing a person under 21 handling of a pistol or revolver. If a parent or guardian allows a minor to possess a pistol or revolver, they are liable for damages.

Division VI- Confidentiality of Permit Holder Information: Section 25 – All permits to carry and permits to acquire will be confidential except for:

• Statistical purposes, if no identifying information of permit holders is revealed
• Release of information to law enforcement when necessary to perform any lawfully authorized duty
• Employers who require an employee to carry a professional permit
• Court order requires or the permit holder has consented to the release

Division VII – State Preemption : Section 26 – If any city, county or township adopts an ordinance, rule, policy, etc. regulating firearms when the ownership, possession, transfer, transportation, etc. is otherwise lawful under state law, a person adversely affected may file suit for injunctive relief.

Division VIII – Pistols or Revolvers in the Capitol Building and on the Capitol Grounds: Section 27 – Those with permits to carry may carry pistols and revolvers concealed in the Capitol and on its grounds upon showing a valid permit to carry. DAS may write rules prohibiting carrying weapons in other Capitol Complex buildings.

Division IX – Emergency Powers

• Section 28. In a declaration of a state of public disorder, the Governor may no longer prohibit the possession of firearms or other deadly weapons.
• Section 29. In a disaster emergency, the Governor may no longer suspend or limit the sale, dispensing or transportation of firearms. The Governor does have such authority regarding alcohol, explosives and combustibles.
• Section 30. Specifies that Chapter 29C does not authorize the Governor to prohibit, regulate or curtail possession, carrying, transportation or defensive use of firearms or ammunition, or to suspend or revoke carry permits, or to seize or confiscate firearms or ammunition during a declared emergency. The Governor may authorize the transfer of firearms and ammunition only. Emergency powers applied to firearms dealers are permissible if such restrictions are applied to all businesses in an affected area.

Division X – Use of Force and Deadly Force:

• Section 31. A person may be wrong in their estimation of danger or the force necessary to repel danger, as long as there is a reasonable basis for the belief, and the person acts reasonably in response to that belief.
• Section 32. Deadly force does not include a threat to cause serious injury or death, by the production, display or brandishing of a deadly weapon, as long as the actions of the person are limited to creating an expectation that the person may use deadly force.
• Section 33. Establishes a presumption that deadly force is necessary if a person unlawfully enters a dwelling, place of business or employment, or occupied vehicle, or unlawfully attempts to remove another person from a dwelling, place of business or employment, or occupied vehicle. Establishes exceptions to presumption.
• Section 34. Use of reasonable force is permissible to defend oneself from actual or imminent use of force.
• Section 35. A person who reasonably believes (instead of “knows”) that a forcible felony is being perpetrated may use reasonable force to prevent it.
• Section 36. A person justified in using reasonable force against an aggressor in defense on oneself, another person or property is immune from criminal or civil liability.
• Section 37. Civil liability immunity extends not only to a person who causes injury, but also to a person who causes the death of an aggressor through reasonable force.
• If a person uses deadly force, they must notify law enforcement. The person using deadly force must not tamper with any physical evidence at the scene.

Division XI – Fraudulent Purchase of Firearms or Ammunition (Straw Purchases): Section 38 – It is a “D” felony to knowingly induce a firearms dealer or private seller to transfer a firearm or ammunition in violation of state or federal law, or to provide false information to a dealer or seller with the intent to deceive regarding the legality of the transfer of a firearm or ammunition.

Division XII – Snowmobiles and All-Terrain Vehicles: Sections 39 and 40 – Allows the open carry of loaded pistols and revolvers by those on snowmobiles or all-terrain vehicles on another’s property, if the person is otherwise complying with the law. Previous law required firearms to be secured in a retention holster when on snowmobiles or all-terrain vehicles on another’s property.

Division XIII – Target Shooting: Section 41 – A person who owns or rents private premises in an unincorporated area may discharge a firearm for target shooting on the premises. This is not a violation of a noise ordinance or a public or private nuisance or otherwise prohibited by state or local law. Target shooting is discharging a firearm at an inanimate object for amusement or a test of skill (481A.123 (1) prohibits shooting within 200 yards of another home).

Division XIV – Effective Date and Applicability Provisions: The sections addressing underage possession of firearms and pistols and confidentiality of permits are effective upon enactment. Confidentiality of permits applies to all holders of permits to carry and acquire and to applicants for nonprofessional permits to carry and acquire.
[4/4: 33-17 (Bisignano, Bolkcom, Boulton, Danielson, Dotzler, Dvorsky, Hart, Hogg, Jochum, D. Johnson, Kinney, Lykam, Mathis, McCoy, Petersen, Quirmbach, Ragan “no”)]

 

HF 523 gives the state medical examiner, county medical examiners and their investigators access to the Drug Prescribing and Dispensing Information Program when the information relates to an investigation.
[4/13: 49-0 (Bertrand absent)]

 

HF 526 creates a new form of criminal harassment for “revenge porn,” though the term is misleading because dissemination is not always done for revenge. A better term might be “nonconsensual pornography.” It is illegal to disseminate pictures of another person nude, partially nude or engaged in a sex act without their consent. An offense is harassment in the first degree, an aggravated misdemeanor. The bill sets out exceptions.

The bill also amends language in the “invasion of privacy” criminal code section to ensure companies (e.g., Google, Facebook) cannot be charged with harassment under the new law. The bill also prohibits juveniles adjudicated delinquent for a violation from being placed on the sex offender registry.
[4/11: 48-1 (Taylor “no”; Allen absent)]