Judiciary Committee Report – Week 12, 2019

SF 333 is the bill commonly referred to as the Nonsubstantive 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 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 any of the language or changing grammatical mistakes.
[3/28: 48-0 (Absent: Breitbach, Nunn)]

SF 378 – Possession of five grams or less of marijuana

SF 378 reduces the penalty for a first offense possession of marijuana from a serious misdemeanor to a simple misdemeanor if the amount of marijuana is five grams or less. Currently, first possession of marijuana is a serious misdemeanor with a potential penalty of up to six months in jail and/or a fine of up to $1,000. A simple misdemeanor is punishable by up to 30 days in jail and/or a fine of $65 to $625. The penalty for a second or subsequent conviction for possession of marijuana will not change.
[4/1: 40-8 (No: Behn, Chapman, Costello, Feenstra, Guth, Rozenboom, Sweeney, Whiting; Absent: Breitbach, Zaun)]

SF 460 – Dissemination of obscene material to a minor by the parent or guardian

SF 460 changes the law relating to exhibiting obscene material to minors. Iowa law currently makes it a crime for any person other than a parent or guardian to knowingly disseminate or exhibit obscene material to a minor. The offense is punishable as a serious misdemeanor. This bill removes the parental/guardian exception in the law, making it a crime for any parent or guardian or any other person to disseminate or exhibit obscene material to any minor, including a parent’s own child.

“Obscene material” is defined in Iowa law as “any material depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political or artistic value.”
[4/1: 48-0 (Absent: Breitbach, Zaun)]

SF 462 – Driver’s license suspension as a condition of bail in vehicular homicide

SF 462 provides that the court may suspend the license, prohibit driving by, and require supervision of, any person charged with vehicular homicide for driving while intoxicated or vehicular homicide while driving recklessly or eluding. If a person’s license is suspended by court order, the clerk of court must inform the Department of Transportation for notation of the suspension in the defendant’s driving record, and no new license will be issued until the court order is terminated.
[4/1: 44-4 (No: Boulton, Celsi, Dotzler, R. Taylor; Absent: Breitbach, Zaun)]

SF 516 – Employment of unauthorized aliens

SF 516 requires Iowa employers to use the federal E-Verify system to ascertain whether job applicants may be legally hired. Under the bill, an employer must not knowingly employ an unauthorized alien. Employer is defined as any person who transacts business in Iowa and has a license issued by an agency of this state. It includes public employers and self-employed individuals.

After hiring or rehiring an employee, an employer will verify their eligibility through E-Verify and keep the record of verification for the duration of employee’s employment or at least three years, whichever is longer. To receive any economic development incentives from government entities, the employer must register with and participate in E-Verify. Iowa Workforce Development will investigate complaints, which then may be filed in district court:

First violation – The employer is subject to a three-year probationary period for the business location where the unauthorized alien performed work. During this period, the employer must file quarterly reports with Iowa Workforce Development for each new employee hired. The employer will file a signed sworn affidavit within three business days after the order is issued, stating they have terminated all unauthorized aliens and will not knowingly employ an unauthorized alien. If the employer doesn’t file the sworn affidavit, its business licenses will be suspended.
Second violation – The court will order the appropriate agencies to permanently revoke all licenses held by the employer for the business location or at the employer’s primary place of business.

A violation is considered a first violation if it doesn’t occur during the probationary period. A violation is considered a second violation if it occurs during the probationary period.

The Secretary of State (SOS) must maintain a database of the employers and business locations that have committed violations, which will be available on the SOS’s website. SOS will also keep a database of employers that participate in E-Verify and make that list available on the SOS’s website.

The Federal government’s determination that the employee is an unauthorized alien creates a rebuttable presumption of the employee’s unauthorized status.
[4/2: 33-14 (Party-line, except Lofgren, Bisignano, Dotzler, Giddens, R. Taylor voting “no.” Absent: Brown, Mathis, Zaun)

SF 524 – Sexual exploitation by a youth athletics coach

SF 380 adds youth athletics coaches to the categories of those who can be charged with sexual exploitation. A youth athletics coach is a person who is not a school employee, whether paid or unpaid, who coaches or is an assistant coach of a youth athletics team comprised of students or an individual student athlete. Sexual exploitation occurs when the coach engages in a pattern or practice or scheme of conduct which essentially is grooming of the student athlete. It is also any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student.

The Senate adopted an amendment that:

Requires the Board of Educational Examiners to disqualify for licensure or revoke the license of anyone who has been convicted of or pled guilty to sexual exploitation by a youth athletics coach.
Allows a civil suit for damages as a result of sexual exploitation by a counselor, therapist, school employee or youth athletics coach to be brought within 15 years after a minor victim turns 18. Current law says an action for damages must be brought within five years of the date the victim was last treated by the counselor or therapist, or within five years of the date the victim was last enrolled in or attended the school.
Says sexual exploitation by a youth athletics coach will not apply when the conduct is with a student who is not more than four years younger than the youth athletics coach and over whom the youth athletics coach has no authority.
Extends the criminal statute of limitations for incest, sexual exploitation of a minor by a counselor, therapist, school employee or youth athletics coach from 10 to 15 years after the minor victim turns 18. In addition the amendment extends the criminal statute of limitations for sexual exploitation of adults by a counselor or therapist or school employee from 10 to 15 years.
[3/28: 47-0 (Absent: Breitbach, Nunn, Sweeney)]

SF 570 – Immunity from civil liability during disasters for architects and engineers

SF 570 provides immunity from civil liability to licensed architects and licensed 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 provides architectural, engineering, structural, electrical, mechanical or other design professional services related to the 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 and is working voluntarily and without compensation.
[3/28: 48-0 (Absent: Breitbach, Nunn)]

SF 577 – Sexual exploitation of a student with a disability by a community college instructor

SF 577 creates the crime of sexual exploitation of a student with a disability by an employee of a community college. The bill provides that a community college instructor who provides “4+ services” at the community college can be charged with sexual exploitation by a community college employee if that employee engages in grooming behavior or engages in any sexual conduct with a student with a disability for the purpose of arousing or satisfying the sexual desires of the employee or the student. For purposes of this offense, “4+ services” are secondary planning and transition services intended to give students vocational and life skills to increase independence in adulthood and which are part of a student with a disability’s secondary schooling and are included in the student’s individualized education program (IEP). Student with a disability is defined as a person between 18 and 22 who has a disability in obtaining an education because of a head injury, autism, behavioral disorder, or physical, mental, communication or learning disability, as defined by the rules of the Department of Education. The penalty will be a “D” felony or an aggravated misdemeanor, depending upon the severity of the behavior.
[4/1: 48-0 (Absent: Breitbach, Zaun)]

SF 589 – Criminal omnibus bill

SF 589 makes changes to multiple areas of the criminal law, including:

Expungement: Allows for expungement of various misdemeanor convictions.
Robbery: Reduces the potential mandatory minimum sentence for robbery in the first degree, with the court deciding what the mandatory minimum will be, between 50 percent and 70 percent. Robbery in the third degree is removed.
Theft, fraud, forgery and other property crimes: Increases the value of the property stolen that qualifies for specific criminal charges, thus making the penalties more commensurate.
Criminal proceedings: Makes various changes to current criminal procedure, particularly upon criminal appeals and post-conviction relief.
[4/1: 31-17 (Yes: Republicans, Kinney; Absent: Breitbach, Zaun)]

COMMITTEE ACTION:

HF 223 – Reimbursement of witness mileage fees

HF 223 is a Judicial Branch proposed bill that will allow the Supreme Court to set maximum mileage reimbursement fees for out-of-state witnesses who travel to Iowa to testify in court proceedings. Currently, the law allows out-of-state witnesses to be reimbursed at a rate of 10 cents per mile, which is much less than in-state witnesses receive. This bill will provide parity for in-state and out-of-state mileage reimbursement for witnesses.
[4/2: short form (Absent: Zaun)]

HF 224 – Lascivious conduct with a minor

House File 224 expands the crime of Lascivious Conduct with a Minor. Under that Code section, it currently is unlawful for an adult who is in a position of authority over a minor (anyone under 18) to force, persuade or coerce 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 a serious misdemeanor.

For purposes of the new subsections, “minor” is defined as any person 14 or 15 years of age. The bill will make it unlawful for any adult who is in a position of authority over a minor (age 14 or 15) to do any of the following with or without consent for the purpose of arousing or satisfying the sexual desires of either of them:

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.

Any of the above behaviors is punishable as a serious misdemeanor.

The bill also makes the following behaviors punishable as aggravated misdemeanors if done for the purpose of arousing or satisfying the sexual desires of either of them:

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.
[4/2: short form (Absent: Zaun)]

HF 265 – Confidentiality of search warrants

HF 265 addresses when a search warrant can be kept confidential. Under current law, search warrant information is confidential until the warrant has been executed by a peace officer and has been returned to the magistrate. During the time that the warrant is confidential, it will be sealed and may not be disseminated.

HF 265 deals with what happens to a search warrant when no criminal charges have been filed. Under the bill, if six months after a warrant has been returned (to the magistrate) and no criminal charges have been filed, the person named in the warrant may apply to the court to have the warrant sealed, and it will be sealed.

The bill also requires a warrant to be sealed if the criminal case results in an acquittal or dismissal of all criminal charges, including successful completion of a deferred judgment probationary period. When the person named in the warrant makes application to the court after the acquittal or dismissal, etc., the warrant will be a confidential record and will be sealed. Sealing of the warrant will only apply when there is only one person named in the warrant.
[4/2: short form (Absent: Zaun)]

HF 594 – Withdrawal of life support against parents’ wishes

HF 594 prohibits a court from requiring the withdrawal of life-sustaining procedures from a minor child over the objection of the minor child’s parent or guardian. However, there is an exception for 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, which meets both of these requirements: 1. Utilizes mechanical or artificial means to sustain, restore or supplant a spontaneous vital function; 2. When applied to a patient in a terminal condition, only prolongs the dying process.
[4/2: short form (Absent: Zaun)]

HF 659 – Minor witness pre-trial contact with a defendant

HF 659 relates to the rights of a minor victim during pretrial processes. The bill says that a minor witness will have the right to an interview or deposition taken outside the presence of the defendant. The interview or deposition may be televised by closed-circuit equipment to a room where the defendant can view the interview or the deposition or in a manner that ensures the defendant will not have contact with the minor. The defendant can electronically communicate with the defendant’s attorney in the room where the interview or deposition is taking place.
[4/2: short form (Absent: Zaun)]

HF 707 –Notice in juvenile delinquency and termination of parental rights proceedings

HF 707 provides that in juvenile delinquency proceedings and termination of parental rights proceedings, that service of summons or notice may be sent by electronic mail or other electronic means with the consent of the party to be served. In the juvenile delinquency cases, it will be 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. A committee amendment requires notice by electronic means in termination of parental rights proceedings be sent at least seven days prior to the hearing.
[4/2: short form (Absent: Zaun)]

HF 709 – Child support during a CINA proceeding when physical care is transferred

HF 709 relates to child support and transfer of custody and care of Child In Need of Assistance (CINA) proceedings. If any time after a CINA petition is filed, a party who is obligated to pay child support for the CINA obtains custody and control of the child, the juvenile court will issue a notice to the district court requesting suspension of the existing child support obligation relating to the child. The district court will then suspend the support obligation. If the child is subsequently returned to their previous home, the child support obligation will be reinstated.
[4/2: short form (Absent: Zaun)]

HF 719 – Conciliation in divorce proceedings

HF 719 provides that the court, on its own motion or upon the motion of a party, may require the parties to a divorce to participate in conciliation for 60 days or less. Under current law, a court must order conciliation and parties are required to participate in conciliation upon the application of the petitioner or the respondent. However, current law allows the court to waive the requirement only upon a showing of elder abuse or domestic abuse. This bill would make any conciliation requirement up to the discretion of the court.
[4/2: short form (Absent: Zaun)]

FLOOR ACTION:

SF 333 –Nonsubstantive Code Editor’s bill