Legislative Agenda

SSB1004 - DEATH PENALTY  AGAINST 

SSB 1004 CAPITAL MURDER (Judiciary) Garrett (C), Bisignano, Schultz Establishes a capital murder offense to impose the death penalty in certain murder cases involving 1st degree murder, and kidnapping and sexual abuse. Requires that the defendant be at least 18, mentally competent and to have been a major participant. Requires a separate phase to consider imposing the death penalty. Authorizes the AG to prosecute such cases if the AG determines it is in the interest of the state to intervene. Requires the appointment of two attorneys to represent indigent defendants. Requires unanimous agreement that aggravating factors outweigh mitigating factors and that the defendant should be sentenced to death. Includes provisions on trials, on factors to be considered when imposing the death penalty, and the use of lethal injections. Includes appeal provisions, stays of execution for pregnant inmates, severability provisions and other matters.

HSB 18   AGAINST 

HSB 18 SEXUAL BURGLARY OFFENSES (Judiciary) Salmon (C), Klein, B Meyer Makes the sentence for an offender convicted of sexual abuse during a burglary a life sentence, with eligibility for parole.

SJR 1 - GUN SAFETY- AMEND. STRICT SCRUTINY  AGAINST 

SJR 1 FIREARM RIGHTS (Zaun)(Judiciary) Zaun (C), Bisignano, Schultz Proposes an amendment to the Iowa Constitution to prohibit the infringement of the right of the people to keep and bear arms and to put to strict scrutiny any restriction on the right. Recognizes the right to bear arms as a fundamental right.

HSB 63 - LASER ASSAULT  AGAINST 

HSB 63 LASER ASSAULT (Public Safety) Worthan (C), Breckenridge, Westrich Defines pointing a laser at someone with the intent to cause or injure the person an assault. Makes exceptions for law enforcement, medical personnel and laser tag.

SF 82 - DEATH PENALTY  AGAINST  

SF 82 CAPITAL MURDER (Garrett, 13 Rs) (Judiciary) Establishes a capital murder offense to impose the death penalty in certain murder cases involving 1st degree murder, and kidnapping and sexual abuse. Requires that the defendant be at least 18, mentally competent and to have been a major participant. Requires a separate phase to consider imposing the death penalty. Authorizes the AG to prosecute such cases if the AG determines it is in the interest of the state to intervene. Requires the appointment of two attorneys to represent indigent defendants. Requires unanimous agreement that aggravating factors outweigh mitigating factors and that the defendant should be sentenced to death. Includes provisions on trials, on factors to be considered when imposing the death penalty, and the use of lethal injections. Includes appeal provisions, stays of execution for pregnant inmates, severability provisions and other matters.

HF 61 - TIER IV SEX OFFENDERS  AGAINST 

HF 61 TIER IV SEX OFFENDERS (Fisher) (Public Safety) Creates a Tier IV status on the Sex Offender registry and requires offenders who no longer have to register in this or another state to re-register on the Sex Offender registry. Does not require Tier IV registrants to update their status but does require such registrants to inform the sheriff if the registrant moves. Establishes a $25 fee for registration and for residence changes. Does not include Tier IV information on the internet Sex Offender registry but allows people to contact the sheriff for such information. Makes violations an aggravated misdemeanor.

SSB1010   AGAINST 

SSB 1010 SEXUAL BURGLARY OFFENSES (Judiciary) Shipley (C), Kinney, Sinclair Makes the sentence for an offender convicted of sexual abuse during a burglary a life sentence, with eligibility for parole.

SSB1002  FOR  

SSB 1002 SEX ABUSE KIT TRACKING (Judiciary) Garrett (C), Kinney, Schultz Establishes a tracking system for sexual abuse collection kits in the Crime Victim Assistance Division. Requires the crime lab to give evidence kits to health care providers and for the kits to be used during a forensic examination of sexual abuse. Requires health care providers to use the kit tracking system before payments from the victim compensation fund can be made. Includes consent requirements, and requirements on storage and notice to victim before disposal of the kit. Prohibit the use of personally identifying information in the tracking system. Requires notifications to the victim on the results of analysis and allows victims to anonymously track kits. Makes definitions.

SF25   FOR

SF 25 DEADLY FORCE STUDY (Bolkcom) (Judiciary) Requires the Legislative Council to appoint an interim committee to study the appointment of special prosecutors in incidents involving the use of deadly force by a police officer. Specifies groups for the committee to consult with. Requires a report by January 2022.

SF32 - STATUTE OF LIMITATIONS  FOR 

SF 32 SEXUAL ABUSE DEADLINES (Petersen) (Judiciary) Allows a minor who is the victim of sexual abuse to bring charges at any time after the abuse but requires that persons who were subject to abuse as minors as of the effective date of the bill to bring such an action within three years of the effective date of the bill. Allows certain actions previously time-barred to be revived. Includes extensions of municipal tort deadlines for cases of sexual abuse to minors or persons with MI. Establishes preferences in trial priority for certain revived abuse cases.

SF33 - STATUTE OF LIMITATIONS   FOR  

SF 33 MINOR SEX ABUSE SOL (Petersen) (Judiciary) Eliminates the statute of limitation in criminal cases for 1st, 2nd or 3rd degree sexual abuse, kidnapping, or human trafficking cases, and specified other sexual abuse offenses, against minors.

SF25 – Police    FOR

25 DEADLY FORCE STUDY (Bolkcom) (Judiciary) Requires the Legislative Council to appoint an interim committee to study the appointment of special prosecutors in incidents involving the use of deadly force by a police officer. Specifies groups for the committee to consult with. Requires a report by January 2022.

HSB 24    FOR 

HSB 24 SEX ABUSE KIT TRACKING (Judiciary) Lohse (C), Westrich, Wilburn Establishes a tracking system for sexual abuse collection kits in the Crime Victim Assistance Division. Requires the crime lab to give evidence kits to health care providers and for the kits to be used during a forensic examination of sexual abuse. Requires health care providers to use the kit tracking system before payments from the victim compensation fund can be made. Includes consent requirements, and requirements on storage and notice to victim before disposal of the kit. Prohibit the use of personally identifying information in the tracking system. Requires notifications to the victim on the results of analysis and allows victims to anonymously track kits. Deems a survivor of a deceased person must have a specified status with a deceased person at the time of the crime. Makes definitions.

HSB 6   FOR  

HSB 6 PROBATION (Public Safety) Fisher (C), Andrews, Breckenridge Allows a judge to defer judgment and place a person on probation, including requiring commitment to an alternative jail or a correctional residential treatment program. Sets probation periods based on whether the person committed a felony or misdemeanor. Allows a person to be discharged from probation before all court debt is paid, subject to a payment plan. Requires regular hearings by the judge to determine if probation can be ended early. Requires a court to give a written explanation to the person if the court recommends against the restoration of citizenship rights. Establishes discharge credits for early release for persons on probation. Requires that a court-ordered payment plan be based on the ability to pay. Allows for expungement if the person has met other conditions and has a payment plan in place. Requires a technical revocation hearing for persons who commit various violations of probation while on probation.

SF 63   FOR   

SF 63 PRE-TRIAL RELEASE (Mathis) (Judiciary) Strikes the payment of court fines and other fees from the considerations by a court on the pre-trial release of a person.

HJR 1 - CRIMINAL JUSTICE – Slavery    FOR

HJR 1 SLAVERY AMENDMENT (Hunter) (Judiciary) Proposes an amendment to strike provisions in the Iowa Constitution allowing involuntary servitude as a punishment.

SF 83 -   MARIJUANA    FOR

SF 83 MARIJUANA OFFENSES (Bolkcom) (Judiciary) Reduces the penalty for the possession of an ounce of marijuana by an adult (over 21) to a civil penalty of $100. Reduces the penalties for other marijuana possession and delivery offenses so that they range from an aggravated misdemeanor to a Class C felony instead of a Class D felony to a Class B felony.