Bills › 90th General Assembly
Relating to the penalty for public employees and public officials taking money from a public employer
Sponsored by the House Judiciary Committee
Where it is now
- Done: IntroducedJanuary 29, 2024
- Done: SubcommitteeJanuary 30, 2024
- Done: House committeeFebruary 8, 2024
- Done: Passes the HouseFebruary 29, 202495–0
- Done: Senate committeeMarch 14, 2024
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary If a public employee or official steals more than $7,500, judges can no longer automatically delay or skip their sentence. A court may only suspend a sentence in these cases if the person proves there are special reasons to do so. This rule applies to anyone working for the state, local governments, or school districts.1
Read the official explanation
This bill prohibits a sentencing court from deferring the judgment or deferring the sentence of a defendant if the defendant was a public employee or public official at the time of the offense and the amount of money taken by the public employee or public official in connection with the offense exceeded $7,500. The bill prohibits a sentencing court from suspending the sentence of a defendant if the defendant was a public employee or public official at the time of the offense and the amount of money taken by the public employee or public official in connection with the offense exceeded $7,500 unless the defendant establishes, by clear and convincing evidence, and the sentencing court finds and states specifically on the record, that mitigating circumstances exist warranting a departure from the otherwise mandatory minimum term of incarceration. 2).
House subcommittee
Named January 30, 2024 (as HSB 635). On February 6, 2024 it recommended passage. Vote Total: 3-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Minimal Compare with other bills
AI summary This bill changes sentencing rules for public employees or officials who unlawfully take more than $7,500 from a public employer by limiting certain sentencing options. The bill is estimated to have a minimal fiscal impact to the state. The correctional impact and minority impact cannot be estimated due to a lack of data.3
Read the fiscal note
Description
House File 2453 prohibits a sentencing court from deferring the judgment or sentence of a defendant if the defendant was a public employee or public official who unlawfully took more than $7,500 from a public employer. The Bill also prohibits a sentencing court from suspending the sentence of a defendant if the defendant was a public employee or public official who unlawfully took more than $7,500 from a public employer unless mitigating circumstances exist.
Background
Iowa Code chapter 907 defines the following terms:
- “Deferred judgment” means a sentencing option whereby both the adjudication of guilt and the imposition of a sentence are deferred by the court and whereby the court assesses a civil penalty as provided in Iowa Code section 907.14 upon the entry of the deferred judgment. The court retains the power to pronounce judgment and impose sentence subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred judgment.
- “Deferred sentence” means a sentencing option whereby the court enters an adjudication of guilt but does not impose a sentence. The court retains the power to sentence the defendant to any sentence it originally could have imposed subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred sentence.
- “Suspended sentence” means a sentencing option whereby the court pronounces judgment and imposes a sentence and then suspends execution of the sentence subject to the defendant’s compliance with conditions set by the court as a requirement of the suspended sentence. Revocation of the suspended sentence results in the execution of sentence already pronounced.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
- The marginal cost per day in prison is $24.94.
Correctional Impact
House File 2453 modifies sentencing guidelines related to the theft of public funds, and the correctional impact cannot be estimated due to a lack of data. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Minority Impact
House File 2453 modifies sentencing guidelines related to the theft of public funds, and the minority impact cannot be estimated due to a lack of data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2453 is estimated to have a minimal fiscal impact to the State.
Sources
- Criminal and Juvenile Justice Planning, Department of Management
- Department of Corrections
- Judicial Branch
- Theft, Enhanced Penalties · February 28, 2024
- Theft of Public Funds · February 26, 2024
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Tried before
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90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in 2 earlier General Assemblies. None got through a chamber.
- SSB 1105 SSB 110589th General Assembly · In committee · very similarCleared committee
- HSB 601 HSB 60189th General Assembly · Subcommittee recommends passage · very similarCleared committee
- HF 2436 Relating to the penalty for public employees and public officials taking money from a publ…88th General Assembly · Approved by committee · very similarCleared committee
Similar bills this General Assembly
- SSB 1017 SSB 101790th General Assembly · In committeeVery similar
- HF 2574 Relating to the penalty for public employees and public officials taking money from a publ…91st General Assembly · Approved by committeeVery similar
Matched by wording or an identical title.