Judiciary Committee – Week 8, 2020

March 9, 2020 Senate Staff Blog, Judiciary Committee, Votes 0

FLOOR ACTION:

SF 2184 – Peace officers carrying weapons on school property

Under current law, law enforcement officers in Iowa who possess a professional permit to carry a weapon may enter school grounds with their weapon. However, federal officers and non-certified officers were not included in that group. This bill would allow federal officers and yet-to-be-certified peace officers (both have law enforcement firearms training) to carry weapons on school grounds at all times.
[3/3: 48-0 (Absent: Feenstra, Wahls)]

SF 2187 – Uniform Protected Series Act

SF 2187 adds a provision to the Uniform Protected Series Act that passed last session and provides for uniform construction and application of the Act. SF 569, the Uniform Protected Series Act, expanded upon and clarified the law relating to series limited liability companies. The bill requires that “consideration shall 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 for medical aid provided to prisoners

SF 2191 is a Sheriffs and Deputies Association priority bill that addresses 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 how to address the issue of who should pay for prisoner medical costs.

Under current law, counties must pay for all charges and expenses for the “safekeeping and maintenance of (their) prisoners” except:

  • Prisoners detained by the authority of the federal courts. The federal government pays the cost.
  • Prisoners committed for a violation of a city ordinance, in which case 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 the payment of those costs. The bill:

  • Establishes that a prisoner has the primary responsibility for payment of the cost of required medical aid provided 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. In addition, the hospital or medical provider is to 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 the medical aid provided, the hospital or medical provider will submit the 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, or if no rate is agreed to, the reimbursement rate will be the provider’s Medicaid rate for the treatment.
  • Cities and counties may seek reimbursement from a prisoner for the costs of medical aid incurred by the city or county.
    [3/4: 47-1 (No: R. Taylor; Absent: Rozenboom, Wahls)]

SF 2225 – Criminal Omnibus bill “fixes”

SF 2225 has two fixes for inadvertent errors in SF 589, the criminal omnibus bill that passed during the 2019 session. One was a change in the amount stolen to qualify as theft in the third degree. The other was an error in the implementation date for reduction of the mandatory minimum sentence for robbery in the first degree.
[3/2: 49-0 (Absent: Wahls)]

SF 2259 – Donations of public safety equipment

SF 2259 provides that a fire department, emergency medical services provider, or a law enforcement agency may 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 that may have been 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 law enforcement

SF 2275 relates to the crime of eluding and enhances penalties when a defendant is convicted of or pleads guilty to eluding a second or subsequent time. The bill adds language enhancing penalties under the following circumstances: 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 in excess of the speed limit by 25 miles per hour or has previously been found guilty under subsection 3, it is a D felony. It is currently an aggravated misdemeanor.

Subsection 3: If a defendant is eluding or attempting 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 this subsection is a C felony.

The bill adds language to prohibit 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.

The fiscal note indicates that there will likely be a significant minority impact, furthering the 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 – Transitioning into the new guardianship and conservatorship provisions

SF 2323 provides for transitioning for guardians and conservators to Iowa’s new law. During the 2019 legislative session, bills that made significant changes to Iowa’s guardianship and conservatorship laws were enacted. The legislation applied to current guardianships and conservatorships, as well as those established after enactment. The legislation required initial care plans for all guardianships and conservatorships, including ones 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, which allows that any guardianship or conservatorship in existence would not have to file an initial care plan until the date of the regularly scheduled annual report.
[3/2: 49-0 (Absent: Wahls)]

SF 2348 – Meaning of “discharge sentence” for voting rights purposes

SF 2348 relates to the restoration of voting rights for those who have discharged their sentence after a felony conviction. The bill requires that 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. Chapter 903B establishes special sentences for various sex offenses. Depending upon 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; unless the Governor has granted a pardon or restored the person’s voting rights.
  • 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 that restores voting rights to those who have discharged their sentence. HJR 14 passed the House during the 2019 session by a vote of 95-2.
[3/3: 37-11 (No: Bolkcom, Celsi, Dotzler, Giddens, Hogg, Jochum, Petersen, Quirmbach, Ragan, R. Taylor, T. Taylor; Absent: Rozenboom, Wahls)]

SF 2362 – Appointment of a guardian ad litem for child victim witnesses

SF 2362 provides that in certain criminal cases where the witness is under 18, the witness is entitled to have a guardian ad litem appointed by the court to protect their interests. The guardian ad litem must be a lawyer. The criminal cases where a guardian ad litem is authorized are:

  • 709 Sexual abuse cases
  • 710A Human trafficking
  • 726.2 Incest
  • 726.3 Neglect or abandonment of a dependent person
  • 726.6 Child endangerment
  • 728.12 Sexual exploitation of a minor
    [2/27: 49-0 (Absent: Miller-Meeks)]

HF 737 – Companion animal cruelty

HF 737 substantially improves Iowa Code Chapter 717B, relating to injury to animals other than livestock. According to the Animal Legal Defense Fund, Iowa is one of the worst states when it comes to protection of companion animals.

The bill requires that certain individuals who are convicted of animal mistreatment have a psychological or psychiatric evaluation and participate in court-ordered counseling or programming, and the bill makes sensible penalty enhancements when an offender commits multiple animal mistreatment crimes.

Highlights of the bill include:

  • Adds a new definition, “animal mistreatment” to Chapter 717B, Injury to Animals Other than Livestock.  Animal mistreatment includes:
    • Animal abuse
    • Animal neglect
    • Animal torture
    • Abandonment of a cat or a dog
    • Injury to or interference with a police service dog
  • 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 a serious injury or death is a serious misdemeanor.
    • Animal abuse causing serious injury or death is an aggravated misdemeanor.
    • It is a D felony if the person has previously been convicted of various other animal mistreatment offenses.
    • Current animal abuse law
      • Owner can’t be charged with animal abuse
      • Any abuse charge is 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 basic nutrition 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.
    • Current animal neglect law:
      • Intentional animal neglect is a simple misdemeanor.
      • Intentional neglect causing serious injury or death is a serious misdemeanor.
    • The Senate adopted a floor amendment: Commercial breeders will not be subject to animal neglect if they comply with standard of care requirements in the Iowa Code and applicable rules adopted 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 is the same as current law.
    • It’s a class D felony if the person was previously convicted of various animal mistreatment offenses, including a previous conviction for animal torture. This is also current law.
    • Additional penalties upon a conviction for animal torture were adopted in a floor amendment.
      • Must serve a 70% mandatory minimum sentence.
      • No deferred judgments, deferred sentences or suspended sentences.
      • Will be subject to a “special sentence” of one to three years as determined by the court after serving the sentence for the offense and will be placed under the supervision of Community Based Corrections as if on parole or work release.
  • 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 of 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 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 to an animal 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.
    • Current penalty for abandonment is a simple misdemeanor.
      [3/4: 44-3 (No: Costello, Edler, Sweeney; Absent: Feenstra, Kraayenbrink, Wahls)]