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Proyectos de ley › 90.ª Asamblea General

Relating to the penalty for public employees and public officials taking money from a public employer, and including effective date provisions

Temas:Crime & correctionsState government

La misma legislación: HSB 635, HF 2453, SF 2336

Escriba a sus legisladores sobre esto

También incluye HSB 635 y HF 2453 y SF 2336.

Página oficial del proyectoDeclaraciones de cabilderosUna página para imprimir

Dónde está ahora

  1. Hecho: Presentado29 de enero de 2024
  2. Hecho: Subcomité31 de enero de 2024
  3. Hecho: Comité del Senado14 de febrero de 2024
  4. Se saltó: Lo aprueba el SenadoSigue como SF 2336
  5. Sigue: Comité de la Cámara
  6. Sigue: Lo aprueba la Cámara
  7. Sigue: A gobernador(a)
  8. Sigue: Firmado como ley

Ahora es SF 2336 → Sigue avanzando con el número nuevo. Ir a SF 2336 ¿Qué es el embudo (funnel)?

Qué contiene

Resumen con IA If a public official or employee steals more than $7,500, judges would no longer be allowed to delay or skip their sentencing. A judge can only skip a mandatory prison sentence 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. (Todavía no está traducido al español.)1

Lea la explicación oficial (en inglés)

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). The bill takes effect upon enactment.

Por qué importa. Public employees and officials who take more than $7,500 in connection with an offense would no longer be eligible for deferred judgments or deferred sentences. Sentencing courts would also be prohibited from suspending sentences for these individuals unless the defendant proves mitigating circumstances exist through clear and convincing evidence. (Todavía no está traducido al español.)2

Texto completo del proyecto (en inglés)3

Senate subcommittee

Named January 31, 2024. On February 6, 2024 it recommended passage. [].

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

Nota fiscal

Resumen con IA 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. (en inglés)4

Lea la nota fiscal (en inglés)

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

Cómo leer una nota fiscal5

Lo que cambia del Código de Iowa (Iowa Code)

Modifica§907.3

Cómo funciona el Código6

Cabildeo

6 a favor · 0 en contra · 11 indecisos · Quiénes →

Family tree

Tried before

HF 2436Cleared committee88th GAHSB 601Cleared committee89th GASSB 1105Cleared committee89th GA

Study bill

HSB 635Renumbered

90th General Assembly

SF 2134RenumberedSenate companionHF 2453Passed a chamberfrom HSB 635SF 2336Cleared committeefrom SF 2134

Picked up later

HF 2574Cleared committee91st GA

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 1105
    89th General Assembly · In committee · very similar
    Cleared committee
  • HSB 601 HSB 601
    89th General Assembly · Subcommittee recommends passage · very similar
    Cleared 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 similar
    Cleared committee

Similar bills this General Assembly

  • SSB 1017 SSB 1017
    90th General Assembly · In committee
    Very similar
  • HF 2574 Relating to the penalty for public employees and public officials taking money from a publ…
    91st General Assembly · Approved by committee
    Very similar

Matched by wording or an identical title.