Relating to criminal law and procedure including certain related administrative proceedings, providing penalties, and including effective date and applicability provisions. Effective 7-1-19

51(e) (table 4) (commercial driver’s licenses); and any conviction under prior law of an offense comparable to an offense enumerated in the bill. In addition, the bill does not apply to a defendant who is the subject of a protective order or a no-contact order; a defendant who has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under Code chapter 321 or of a similar local ordinance; or a defendant who has previously been granted two deferred judgments. The division prohibits a person from applying more than once for an expungement of the person’s record. A person shall be granted an expungement of a record only one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.7 but shall be made available by the clerk of the district court upon court order. The division also provides that after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files. The division provides that the supreme court may prescribe rules governing expungement procedures applicable to criminal cases pursuant to the division. The division applies to misdemeanor convictions that occur prior to, on, or after July 1, 2019. DIVISION II —— ROBBERY. This division provides that a person serving a sentence for a conviction for robbery in the first degree for a conviction that occurs on or after July 1, 2018, shall serve between and percent of a 25-year class “B” felony sentence prior to being eligible for parole or work release. In determining when the person is first eligible for parole or work release within such parameters, the sentencing court shall base its determination upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.2.3. The division repeals the offense of robbery in the third degree, an aggravated misdemeanor.2(6). DIVISION III —— PROPERTY CRIMES —— VALUE. This division increases the value of damaged or stolen property or services necessary to commit certain levels of numerous criminal offenses. THEFT. The division increases the value of property necessary for a person to commit theft in the second degree from property exceeding $1,000 but not more than $10,000 to property exceeding $1,500 but not more than $10,000. Theft in the second degree is a class “D” felony. The division increases the value of property necessary for a person to commit theft in the third degree from property exceeding $500 but not more than $1,000 to property exceeding $750 but not more than $1,500. Theft in the third degree is an aggravated misdemeanor. The division increases the value of property necessary for a person to commit theft in the fourth degree from property exceeding $200 but not more than $500 to property exceeding $300 but not more than $750. Theft in the fourth degree is a serious misdemeanor. The division increases the value of property necessary for a person to commit theft in the fifth degree from property not exceeding $200 to property not exceeding $300. Theft in the fifth degree is a simple misdemeanor. AGGRAVATED THEFT. The division increases the value of property necessary for a person to commit aggravated theft from property not exceeding $200 to property not exceeding $300. Aggravated theft is an aggravated misdemeanor or a class “D” felony depending upon the circumstances of the crime. Under current law, a person commits aggravated theft when the person commits a simple assault after the person has removed or attempted to remove property not exceeding $200. THEFT DETECTION DEVICES —— SHIELD OR REMOVAL. The division increases the value of property necessary for a person to commit a serious misdemeanor for removal of a theft detection device from property exceeding $200 in value to property exceeding $300 in value. The division increases the value of property necessary for a person to commit a simple misdemeanor for removal of a theft detection device from property not exceeding $200 in value to property not exceeding $300 in value. FRAUDULENT PRACTICE.8. The division increases the value of property or services necessary for a person to commit fraudulent practice in the second degree from property or services exceeding $1,000 but not more than $10,000 to property exceeding $1,500 but not more than $10,000. Fraudulent practice in the second degree is a class “D” felony. The division increases the value of property or services necessary for a person to commit fraudulent practice in the third degree from property or services exceeding $500 but not more than $1,000 to property or services exceeding $750 but not more than $1,500. Fraudulent practice in the third degree is an aggravated misdemeanor. The division increases the value of property or services necessary for a person to commit fraudulent practice in the fourth degree from property or services exceeding $200 but not more than $500 to property or services exceeding $300 but not more than $750. Fraudulent practice in the fourth degree is a serious misdemeanor. The division increases the value of property or services necessary for a person to commit fraudulent practice in the fifth degree from property or services not exceeding $200 to property or services not exceeding $300. Fraudulent practice in the fifth degree is a simple misdemeanor. CREDIT CARDS. Under current law, a person commits the class “D” felony offense of credit card fraud when a person illegally secures or seeks to secure property or services by means of a credit card and the value of the property or services is greater than $1,000 but not more than $10,000. The division increases the minimum value of property or services necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. Under current law, a person commits the aggravated misdemeanor offense of credit card fraud when a person illegally secures or seeks to secure property or services by means of a credit card and the value of the property or services is $1,000 or less. The division increases the maximum value of property or services necessary for a person to commit such an aggravated misdemeanor offense from $1,000 to $1,500. IDENTITY THEFT. Under current law, a person commits the class “D” felony offense of identity theft when a person fraudulently uses or fraudulently attempts to use identification information of another person, with the intent to obtain credit, property, services, or other benefit, and the value of the credit, property, services, or other benefit exceeds $1,000 but does not exceed $10,000. The division increases the minimum value necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. Under current law, a person commits the aggravated misdemeanor offense of identity theft when a person fraudulently uses or fraudulently attempts to use identification information of another person, with the intent to obtain credit, property, or services, or other benefit, and the value of the credit, property, services, or other benefit exceeds $1,000 but does not exceed $10,000. The division increases the minimum value necessary for a person to commit such an aggravated misdemeanor offense from $1,000 to $1,500. CRIMINAL MISCHIEF. The division increases the value of damaged property that is necessary to commit criminal mischief in the second degree from damaged property exceeding $1,000 but not more than $10,000 to damaged property exceeding $1,500 but not more than $10,000. Criminal mischief in the second degree is a class “D” felony. The division increases the value of damaged property that is necessary to commit criminal mischief in the third degree from damaged property exceeding $500 but not more than $1,000 to damaged property exceeding $750 but not more than $1,500. Criminal mischief in the third degree is an aggravated misdemeanor. The division increases the value of damaged property that is necessary to commit criminal mischief in the fourth degree from damaged property exceeding $200 but not more than $500 to damaged property exceeding $300 but not more than $750. Criminal mischief in the fourth degree is a serious misdemeanor. The division increases the value of damaged property that is necessary to commit criminal mischief in the fifth degree from damaged property not exceeding $200 to damaged property not exceeding $300. Criminal mischief in the fifth degree is a simple misdemeanor. TRESPASS. The division increases the value of damaged property that is necessary to commit a serious misdemeanor trespass offense from damaged property of more than $200 to damaged property of more than $300. The division increases the value of damaged property that is necessary to commit an aggravated misdemeanor trespass offense involving a hate crime from damaged property of more than $200 to damaged property of more than $300. RAILROAD VANDALISM. The division increases the value of damaged property that is necessary to commit railroad vandalism in the fourth degree from damaged property exceeding $1,000 but not more than $10,000 to damaged property exceeding $1,500 but not more than $10,000. Railroad vandalism in the fourth degree is a class “D” felony. The division increases the value of damaged property that is necessary to commit railroad vandalism in the fifth degree from damaged property exceeding $500 but not more than $1,000 to damaged property exceeding $750 but not more than $1,500. Railroad vandalism in the fifth degree is an aggravated misdemeanor. The division increases the value of damaged property that is necessary to commit railroad vandalism in the sixth degree from damaged property exceeding $200 but not more than $500 to damaged property exceeding $300 but not more than $750. Railroad vandalism in the sixth degree is a serious misdemeanor. The division increases the value of damaged property that is necessary to commit railroad vandalism in the seventh degree from damaged property not exceeding $200 to damaged property not exceeding $300. Railroad vandalism in the seventh degree is a simple misdemeanor. TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL (EMAIL). Under current law, a person commits the class “D” felony offense of transmission of unsolicited bulk email when the revenue generated from such a transmissions exceeds $1,000. The division increases the minimum value necessary for a person to commit such a class “D” felony offense from $1,000 to $1,500. DIVISION IV —— THEFT, FRAUD, AND FORGERY REVISIONS. THEFT OFFENSES —— CONSOLIDATION.2A relating to the consolidation of theft offenses.1(1) through (10), constitutes a single offense of theft embracing the separated offenses of theft known as taking, misappropriation, theft by deception, possession or receipt of stolen property, fraudulent conversion, check fraud, theft from a public utility, unlawful access to a computer, theft of video rental property, and other similar offenses related to theft.1(1) through (10), notwithstanding the specification of a different manner of theft in the complaint, indictment, or information, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or surprise. DEFINITION OF FORGERY.2(2) relating to forgery. Under the division, a person commits forgery when the person possesses a writing that is or purports to be a driver’s license, nonoperator’s identification card, birth certificate, or occupational license or certificate in support of an occupational license issued by a department, agency, board, or commission in this state. A person who forges such a document commits a class “D” felony.2A (accommodation of forgery). STATUTE OF LIMITATIONS —— FRAUD OR BREACH OF FIDUCIARY OBLIGATION.5 relating to extending the periods of time a prosecution may be brought against a person for any offense involving a material element of fraud or a breach of fiduciary obligation. Under current law, a prosecution may be brought within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense. The division specifies that such a prosecution may be brought within five years. DIVISION V —— CRIMINAL PROCEEDINGS. DEFENDANT RIGHT TO APPEAL.6(1) by prohibiting the right to appeal to a defendant who has pled guilty to a criminal offense except this prohibition does not apply to a defendant who pleads guilty to a class “A” felony. The right to appeal means that an appellate court cannot deny a defendant’s statutory or constitutional right to have the defendant’s case reviewed on appeal.6(2) by specifying that discretionary review by an appellate court applies to an order denying a motion in arrest of judgment on grounds other than an ineffective assistance claim. Under current law, discretionary review applies to an order suppressing or admitting evidence, an order granting or denying a motion for a change of venue, an order denying probation, simple misdemeanor and ordinance violations, and an order raising a question of law important to the judiciary and the profession. Discretionary review is the process by which an appellate court may exercise its discretion to review specified matters not subject to appeal as a matter of right. PRO SE FILINGS BY DEFENDANT CURRENTLY REPRESENTED BY COUNSEL.6A relating to pro se filings by defendants currently represented by counsel. The bill provides that a defendant who is currently represented by counsel shall not file any pro se document in any Iowa appellate court. The appellate court shall not consider, and opposing counsel shall not respond to, such pro se filings. The division does not prohibit a defendant from proceeding without the assistance of counsel. A defendant currently represented by counsel may file a pro se motion seeking disqualification of the counsel, which a court may grant upon a showing of good cause. INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS ON APPEAL.7 relating to an ineffective assistance claim on appeal in a criminal case. The division prohibits an ineffective assistance claim being raised and decided on direct appeal from the criminal proceedings. Under current law, such a claim may be raised on direct appeal from the criminal proceedings if the record at the trial level is sufficient. Generally, an ineffective assistance of counsel claim is raised on appeal by a criminal defendant alleging the defendant’s attorney was so incompetent it deprived the defendant the constitutional right to assistance of counsel. APPEALS FROM THE DISTRICT COURT —— GENERAL VERDICT.28 relating to general verdicts. When the prosecution relies on multiple or alternative theories to prove the commission of a public offense, a jury may return a general verdict. If the jury returns a general verdict, the division specifies that a court shall not set aside or reverse such a verdict on the basis of a defective or insufficient theory if one or more of the theories presented and described in the complaint, information, indictment, or jury instruction is sufficient to sustain the verdict on at least one count. GUILTY PLEAS —— CHALLENGES. If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the division provides that the plea shall not be vacated unless the defendant demonstrates it is more likely than not that the defendant would not have pled guilty if the defect had not occurred. The burden applies whether the challenge is made by motion in arrest of judgment or in a challenge on appeal. Any provision in the Iowa rules of criminal procedure that are inconsistent with this provision shall have no legal effect. POSTCONVICTION RELIEF. The division provides that an ineffective assistance of counsel claim contained in an application seeking postconviction relief is not a ground of fact or law that could not have been raised within the applicable time period for purposes of determining if an application is timely filed. The division provides that an applicant seeking postconviction relief who is currently represented by counsel shall not file any pro se document in any Iowa district or appellate court. The district or appellate court shall not consider, and opposing counsel shall not respond to, such pro se filings. The bill does not prohibit an applicant for postconviction relief from proceeding without the assistance of counsel. A represented applicant for postconviction relief may file a pro se motion seeking disqualification of counsel, which a court may grant upon a showing of good cause. The division strikes a provision that requires the respondent to an application for postconviction relief, to file an answer to the application with relevant portions of the record of the proceedings being challenged, if the applicant fails to file the application without the record of the proceedings being challenged. PRESENTENCE DETERMINATIONS AND STATEMENTS.4B relating to presentence determinations and statements. At sentencing, the court shall verify that the defendant and the defendant’s attorney have read and discussed the presentence investigation report and any addendum to the report. Before imposing sentence, the court shall provide the defendant’s attorney an opportunity to speak on the defendant’s behalf, address the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the sentence, and provide the prosecuting attorney an opportunity to speak.21. “Victim” means a person who has suffered physical, emotional, or financial harm as the result of a public offense or a delinquent act, other than a simple misdemeanor, committed in this state, or members of the victim’s family, and also includes the family members of a victim who died or was rendered incompetent as a result of the offense or who was under years of age at the time of the offense. DIVISION VI —— ARSON. PAROLE OR WORK RELEASE ELIGIBILITY DETERMINATION —— CERTAIN DRUG, CHILD ENDANGERMENT, AND ROBBERY OFFENSES.12(3) based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. MINIMUM SENTENCE FOR CERTAIN FELONIES —— ELIGIBILITY FOR PAROLE OR WORK RELEASE.11(4). DIVISION VII —— LIMITATION OF CRIMINAL ACTIONS. SEXUAL ABUSE —— FIRST, SECOND, OR THIRD DEGREE.2 to provide that an information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of years shall be found within years of the offense. INCEST —— SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR SCHOOL EMPLOYEE.15 committed on or with a person who is under the age of shall be found within years after the commission of the offense. An information or indictment for any other sexual exploitation shall be found within years of the date the victim was last treated by the counselor or therapist, or within years of the date the victim was enrolled in or attended the school. DIVISION VIII —— STATE AND COUNTY MEDICAL EXAMINER DEATH REPORTS AND INVESTIGATIONS. Currently, the report of an investigation by the state medical examiner or county medical examiner and the record and report of an autopsy shall be received as evidence in court or other proceedings, except that statements by witnesses or other persons and conclusions on extraneous matters included in the report are inadmissible. This division provides that the report of an investigation made by the state medical examiner or county medical examiner shall be admissible in court including any findings of the state medical examiner or county medical examiner and any information provided by a county attorney or law enforcement agency, if the information is otherwise admissible under the Iowa rules of evidence. The division provides that in formulating findings and conclusions regarding the cause or manner of death, the state medical examiner or county medical examiner shall be allowed to rely upon and include in the report of an investigation any information provided to the medical examiner by an attorney, law enforcement agency, witness, or any person with relevant information. Additionally, in conducting an investigation or autopsy, including but not limited to developing a clinical history of the decedent and formulating findings and conclusions or forming opinions as to the cause and manner of death, the state medical examiner or county medical examiner may use any information provided or available for review, including but not limited to information or statements by a witness, a suspect, or any other person with information which is provided by or obtained in the course of a law enforcement investigation. Information or statements used by the medical examiner in making the findings, conclusions, and opinions may be included in the report of the medical examiner. A court shall not exclude the report or opinion on the basis that the medical examiner relied on information from other persons or from a law enforcement agency in forming that report or opinion. Admission of such a report or opinion shall not constitute reversible error.