SF 2059 – Violator facilities and residential facility residency
SF 2061 – Representation of indigent persons in criminal proceedings
SF 2110 – Persons examining and obtaining their criminal history data
SF 2111 – Certain peace officers and law enforcement officials not required to use notary seal
SF 2112 – A fiduciary’s access to digital assets
SF 2115 – Adding jailers to interference with official acts
SF 2158 – Relating to shorthand reporters
SF 2164 – Expungement of violations of local ordinances and contempt findings
SF 2183 – Statute of limitations for child endangerment
SF 2185 – Definition of criminal trespass
SF 2189 – Nonsubstantive Code Editor’s bill
SF 2191 – Office of Human Trafficking in the Department of Public Safety
SF 2232 – Redemption of parcels sold At tax sale
SF 2233 – The Uniform Deployed Parents Custody and Visitation Act
SF 2263 – Judicial Branch bill relating to court debt, filing medical reports, and lis pendens
SF 2262 – Criminal and civil forfeiture laws
SF 2264 – Guardians ad litem, attorneys for children, child custody investigators, family reporters
SF 2265 – Updates Code language relating to compiling jury lists
SF 2266 – Judicial pensions and public employment for retired judges
SF 2267 – Racial profiling bill
SF 2268 – Modification of Sex Offender Registry
SF 2269 – Violence in Communities Task Force
SF 2270 – Creates a task force regarding extending the age up to 21 for juvenile delinquencies
SF 2271 – Identity theft
SF 2272 – Continuity of care in medical malpractice cases
SF 2282 – Revival of lapsed use restrictions
SF 2283 – Substantive code editor’s bill
SF 2284 – Adding “gender identity” and “gender expression” to Hate Crime Law
SF 2288 – Confidentiality of juvenile delinquency records
SF 2289 – Animal cruelty laws
FLOOR ACTION:
SF 2059 is a Department of Corrections bill that allows them to establish a facility for offenders who violate the conditions of work release, parole or probation. Current law requires the Department to establish a violator facility, but they do not have a violator facility or program. The bill also changes the mandate that a person who has served a 70-percent mandatory minimum sentence for specified crimes is required to spend a year in a Community Based Corrections residential facility when paroled or released on work release. Under the bill, a person who has served the 70-percent mandatory minimum may be supervised in the community rather than the residential facility upon the recommendation of the district department and approval of the Board of Parole.
[2/22: 48-0 (Courtney, Feenstra absent)]
SF 2061 clarifies that indigent people who face the possibility of imprisonment (including jail time) are entitled to legal representation. The State Public Defender is responsible for coordinating the representation of all indigents. The State Public Defender is also responsible for coordinating legal representation of all indigents seeking post-conviction relief, charged with contempt and various other criminal proceedings. An indigent person may waive the right to an appointed attorney or may not request the appointment of an attorney.
[2/22: 48-0 (Courtney, Feenstra absent)]
SF 2110 removes the requirement that a person requesting their own criminal history from the Department of Public Safety (DPS) provide their fingerprints to the Department. The bill removes the requirement that DPS provide to a person a list of those who request that person’s criminal history. DPS criminal history data is now public record and available online upon payment of a small fee. DPS does not keep a record of citizens who request information on an individual’s criminal history.
[2/22: 48-0 (Courtney, Feenstra absent)]
SF 2111 removes the requirement that certified peace officers and law enforcement officials use a notary stamp when they administer oaths and acknowledge signatures.
[2/22: 48-0 (Courtney, Feenstra absent)]
SF 2112 adopts a new chapter (The Uniform Fiduciary Access to Digital Assets Act) in the Iowa Code to establish access to digital assets by fiduciaries. For most people, at least some property and communications are stored as data on a server and accessed via the Internet. When a person dies or becomes disabled, access to that information is often difficult. The Revised Uniform Fiduciary Access to Digital Assets Act provides a uniform and consistent framework to allow individuals and their advisors to deal with this issue. The Act’s framework and procedures allow “fiduciaries” (executors, trustees, guardians, etc.) to access information from an online account provider about a decedent’s or incapacitated person’s digital assets (online accounts and emails, for example) to distribute them to heirs/beneficiaries and to allow the estate to be administered properly.
[2/22: 49-0 (Feenstra absent)]
SF 2115 adds jailers to the Interference with Official Acts Code section. Thus, when someone knowingly obstructs or resists a jailer who is acting within the scope of his or her job duties, they can be charged with interference with official acts. Peace Officers are already included in this Code section. However, all jailers are not certified peace officers.
[2/22: 49-0 (Feenstra absent)]
SF 2158 provides that the Supreme Court must supervise the Board of Examiners of Shorthand Reporters and have authority to review and modify any Board action. In addition, the bill provides that the Supreme Court may establish rules for supervision of the Board of Examiners of Shorthand Reporters. The bill also clarifies that 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 that reporter will be subject to the jurisdiction of the Board of Examiners of Shorthand Reporters if that circumstance arises.
[2/22: 49-0 (Feenstra absent)]
SF 2164 allows an individual to request that a violation of a local ordinance be expunged when that violation arose from the same incident that caused the person to be charged with the state offense of public intoxication or public consumption. Current law allows a person to make application to the court to expunge a conviction for public intoxication or public consumption. In addition, the bill provides that a finding of contempt of court relating to a person on probation pursuant to a deferred judgement can be expunged upon successful completion of the probation and expungement of the deferred judgment.
[2/23: 50-0]
SF 2183 extends the statute of limitations for child endangerment from the current three years after the occurrence to 10 years after the child turns 18.
[2/23: 50-0]
SF 2185 adds a new definition of “trespass” under Code section 716.7(2) to include intentionally viewing, photographing or filming another person who is in a dwelling, and there is no legitimate purpose for the viewing, photographing or filming when the person being viewed has a reasonable expectation of privacy and does not consent to or cannot consent to being viewed. In addition, under this new definition of trespass, a person will be trespassing if they place on or retrieve from the other person’s property equipment to view, photograph or film another person without legitimate purpose. This new definition of trespass will be a serious misdemeanor.
[2/24: 50-0]
SF 2189 is the nonsubstantive Code Editor’s bill. It contains nonsubstantive, technical corrections throughout the Code. The bill includes 23 reference updates, 19 corrections to terms or names of entities or publications, 24 corrections to spelling and grammar, one correction of a typographical error, 12 standardizations of citation, and 61 updates to Code section style or format.
[2/23: 50-0]
SF 2191 establishes an office within the Department of Public Safety to oversee and coordinate efforts to combat human trafficking in Iowa. The bill directs the Commissioner of Public Safety to appoint a coordinator to staff the office. Additional staff may be hired, subject to the availability of funding. The office will serve as a point of contact for anti-human trafficking activity in Iowa. The office will consult with and work jointly with other government agencies and nongovernment or community organizations that have expertise in human trafficking prevention, victim protection and assistance, law enforcement and prosecution to combat human trafficking. The Office of Human Trafficking is to provide a report to the Legislature by November 2017 and each year thereafter regarding anti-human trafficking efforts.
[2/23: 50-0]
SF 2232 amends Code Section 447.7 by adding a complete set of procedures to govern the redemption of tax sale parcels by minors and those of unsound mind. The procedures are similar to those in Section 447.8 but are narrowly tailored to redemption by minors and those of unsound mind.
[2/23: 50-0]
SF 2233 creates a new Code Chapter, 598C, the Uniform Deployed Parents Custody and Visitation Act. This Act will provide a process for deployed service members and non-deploying parents to follow regarding custody and visitation of their children during deployment. In addition, this bill is intended to provide uniformity among the states regarding deployed parents and child custody and visitation. The bill establishes that when a parent is being deployed, the parents can enter into a temporary agreement regarding custodial responsibility during deployment. The bill specifies the information required in the agreement, which terminates upon the deployed parent’s return. An agreement under this Chapter must be filed with the court. If parents do not enter into an agreement, the court may issue a temporary order granting custodial responsibility, including custodial responsibility to a non-parent.
[2/23: 50-0}
COMMITTEE ACTION:
SF 2262 significantly changes Iowa’s asset forfeiture laws. The bill provides that property is not subject to forfeiture until a person has been convicted of a felony for which forfeiture is expressly authorized as a penalty. The bill exempts homestead real property, motor vehicles of less than $10,000 market value and currency totaling $200 or less from forfeiture. Current law requires a preponderance of evidence proving criminal behavior for forfeiture to take place. Under the bill, clear and convincing evidence would be required for forfeiture to occur. In addition, law enforcement agencies must provide annual reports to the Department of Revenue on forfeitures.
[2/18: short form]
SF 2263 allows the clerk of the Court of Appeals and the clerk of the Supreme Court to collect debt. In addition, the bill reduces the number of medical reports to be filed with a clerk of court as all filings are now electronic, and the bill transfers the responsibility to file a notice of lis pendens from the clerk of court to a claimant.
[2/18: short form]
SF 2264 clarifies the roles and distinctions between a guardian ad litem and an attorney for a child in divorce and custody cases. The bill clarifies that a person cannot simultaneously serve as both a child’s attorney and guardian ad litem. An attorney advocates for the child’s objectives, and the guardian ad litem advocates for the child’s best interests. The bill specifies that guardians ad litem and attorneys appointed to represent children must maintain regular contact with the children. The bill makes it clear that lawyers should not testify as witnesses or reporters.
[2/18: short form]
SF 2265 eliminates the use of a jury commission to draw juror lists, and requires the master jury list to be updated annually using an electronic data processing system and to include the nonoperator’s identification list.
[2/18: short form]
SF 2266 repeals Code section 602.9110, which prohibits retired judges from receiving their annuity from the judicial retirement system if the retired judge is serving as a state officer or employee.
[2/18: 8-5 (party-line)]
SF 2267 standardizes the collection and provides for centralizing the compilation and reporting of officer stop and complaint data. It provides for officer training relating to profiling and creates a community policing advisory board.
[2/18: 7-6 (Kinney, Garrett, Schneider, Shipley, Whitver, Zaun “no”)]
SF 2268 allows those on Iowa’s Sex Offender Registry who live out of state to petition for modification of their registry requirements in the Iowa county where they were convicted. Current law does not authorize them to petition for a modification.
[2/18: short form]
SF 2269 requires the Attorney General to establish a Community Violence Task Force to investigate violence in communities around the state and to review proposed solutions to develop approaches to making communities free from violence.
[2/18: short form]
SF 2270 establishes a task force to look into extending juvenile court jurisdiction in delinquency matters and proceedings to include those up to age 21.
[2/18: short form]
SF 2271 enhances the penalty for identity theft in excess $10,000 to a “C” felony. The bill also adds the term “other benefit” in addition to credit, property or services that can be obtained through the use of someone’s identity.
[2/18: short form]
SF 2272, as amended in committee, requires the Judicial Branch to define “continuum of care.”
[2/18: 8-5 (party-line)]
SF 2282 creates a new Code chapter that provides processes for parcel owners in Common Interest Communities to reinstate lapsed use restrictions as defined in Iowa Code Section 614.24 (5). In Common Interest Communities, property owners are required to help pay for expenses related to common elements in the community and the property is described in a filed declaration. Parcel owners may reinstate use restrictions that were included in the original declaration that established the common interest community.
Some or all of the original use restrictions may be revived if:
- Procedure 1: An agreement containing a complete description of the revived use restrictions can be executed by the owners of a majority of the affected parcels and must be filed by the executive board with the county recorder within 30 days after a majority of the owners have executed the agreement. The board must certify that the reinstatement agreement was executed by a majority of the affected parcel owners.
- Procedure 2: A majority of the affected parcel owners can vote to reinstate lapsed use restrictions at a meeting or by written ballot. A proposal for a vote to reinstate use restrictions can be initiated by the executive board or a petition signed by 10 percent of affected parcel owners.
Reinstated use restrictions will not be retroactive and cannot be enforced against a parcel owner who made a good faith investment after a use restriction had lapsed.
[2/18: short form]
SF 2283 is the Substantive Code Editor’s Bill. It eliminates obsolete and redundant language, clarifies and updates some old provisions, corrects citations and internal references, updates names of organizations and publications, makes changes to Code section numbering, and makes a variety of similar updates throughout the Code.
[2/18: short form]
SF 2284 adds “gender identity” and “gender expression” to Iowa’s hate crime laws. With this change, someone who commits a crime against a person because of their gender identity or gender expression can be prosecuted for a hate crime.
[2/18: short form (Garrett “no”)]
SF 2288 creates a rebuttable presumption that juvenile delinquency records are confidential and not available to the public. However, if a forcible felony is alleged, that record will be public. Any person can petition the court to open a confidential record. Conversely, an application may be made to the court to keep confidential a file that is public record (forcible felony). Confidential records are not available to the public; however, justice system entities, schools, the Department of Transportation and other select departments will have access to those records.
[2/18: short form]
SF 2289 amends Iowa Code Chapter 717B relating to the mistreatment of certain animals, primarily companion animals. The bill specifically excludes livestock, game, fur-bearing animals, among others. The bill amends and creates criminal offenses, including animal abuse in the first or second degree; animal neglect in the first or second degree; animal torture; animal abandonment; and animal endangerment. If an adult commits any of these offenses in the presence of a juvenile or has previously committed any of the offenses or other offenses involving animal cruelty as specified in the bill, the charge and penalty will be enhanced.
[2/18: short form]