Proyectos de ley › 90.ª Asamblea General

SF 2340Firmado por gobernador(a) · 10 de abril de 2024

Relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties

Presentado por el comité Judiciary del Senado

Temas:Crime & correctionsState governmentImmigration

La misma legislación: SF 2211, SF 2228, HF 2381, HSB 703, HF 2567

Dónde está ahora

  1. Hecho: Presentado5 de febrero de 2024
  2. Hecho: Subcomité6 de febrero de 2024
  3. Hecho: Comité del Senado14 de febrero de 2024
  4. Hecho: Lo aprueba el Senado5 de marzo de 202434–16
  5. Hecho: Comité de la Cámara14 de marzo de 2024
  6. Hecho: Lo aprueba la Cámara19 de marzo de 202464–30
  7. Hecho: A gobernador(a)10 de abril de 2024
  8. Hecho: Firmado como ley10 de abril de 2024

Firmado como ley ¿Qué es el embudo (funnel)?

Qué contiene

Resumen con IA People who have been previously deported or removed from the United States would commit a crime if they enter or are found in Iowa. Law enforcement officers are prohibited from arresting these individuals while they are at schools, churches, or medical facilities. Judges can order these individuals to return to their home country, and local or state officials are protected from certain lawsuits when enforcing these rules. (Todavía no está traducido al español.)1

Lea la explicación oficial (en inglés)

This bill relates to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, and sentencing restrictions. The bill provides that a person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state if the person has previously been denied admission to or has been excluded, deported, or removed from the United States, or the person previously departed from the United States while an order of exclusion, deportation, or removal was outstanding. 12, subch. §1231(a)(4)(B). An offense is a class “C” felony if the person was removed subsequent to a conviction for the commission of a felony. The bill provides that “removal” includes an order issued under the bill or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. The bill provides that a peace officer may not arrest or detain a person for purposes of enforcing a provision of the bill if the person is on the premises or grounds of: a public or private primary or secondary school for educational purposes; a church, synagogue, or other established place of religious worship; a health care facility, provided that the person is on the premises or grounds of the facility or office for the purpose of receiving medical treatment; or a facility that provides forensic medical examinations to sexual assault survivors provided that the person is on the premises or grounds of the facility for purposes of obtaining a forensic medical examination and treatment. The bill provides that a judge during a person’s initial appearance following an arrest for a violation of the bill may, after making a determination that probable cause exists for the arrest, order the person released from custody and issue a written order requiring the person to return to the foreign nation from which the person came. The judge in a person’s case at any time after the person’s initial appearance may, in lieu of continuing the prosecution of or entering an adjudication regarding an offense under the bill, dismiss the charge pending against the person and issue a written order requiring the person to return to the foreign nation from which the person came. A written order discharging the person and requiring the person to return to the foreign nation from which the person entered or attempted to enter may be issued only if all of the following occur: the person agrees to the order; the person has not previously been convicted of an offense under the bill or previously obtained a discharge under an order to return to the foreign nation from which the person came; the person is not charged with another offense that is punishable as an aggravated misdemeanor or any higher category of offense; and the arresting law enforcement agency has collected all available identifying information of the person and has cross-referenced the collected information with all relevant local, state, and criminal databases and federal lists or classifications used to identify a person as a threat or potential threat to national security. Upon conviction for a violation of the bill, the bill provides that the judge shall enter in the judgment in the case an order requiring the person to return to the foreign nation from which the person entered or attempted to enter. An order issued under this provision takes effect on completion of the term of confinement or imprisonment imposed by the judgment. The bill provides that an order must include the manner of transportation of the person to a port of entry and the law enforcement officer or state agency responsible for monitoring compliance with the order. Within seven days of an order’s issuance, the law enforcement officer or state agency required to monitor compliance with the order shall report the issuance of the order to the department of public safety for inclusion in the computerized criminal history system. The bill provides that a person who is an alien commits an offense if the person has been charged with or convicted of an offense under the bill, a judge has issued an order under the bill for the person to return to the foreign nation from which the person entered or attempted to enter, and the person failed to comply with the order. An offense under this provision of the bill is a class “C” felony. The bill provides that a court may not abate the prosecution of an offense under the bill on the basis that a federal determination regarding the immigration status of the person is pending or will be initiated. The bill provides that a local government official, employee, or contractor is immune from liability for damages arising from a cause of action resulting from an action taken to enforce the bill. A local government shall indemnify an official, employee, or contractor of the local government for damages arising from a cause of action under federal law resulting from an action taken to enforce the bill. The bill provides that indemnification payments made by a local government shall not exceed $100,000 to any one person, $300,000 for any single occurrence in the case of personal injury or death, or $10,000 for a single occurrence of property damage. If the court or jury determines that the local government official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness, the official, employee, or contractor is not entitled to immunity or indemnification. The bill provides that an elected or appointed state official, or a state employee or contractor, is immune from liability for damages resulting from an action taken to enforce the bill. The bill provides that the state shall indemnify an elected or appointed state official, or a state employee or contractor, for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce the bill. An indemnification payment made to an elected or appointed state official, or a state employee or contractor, is not subject to an indemnification limit under the laws of this state. If the court or jury determines that an elected or appointed state official, or a state employee or contractor, acted in bad faith, with conscious indifference, or with recklessness, the elected or appointed state official, or a state employee or contractor, is not entitled to immunity or indemnification. The bill provides that a state official, employee, or contractor who may be entitled to indemnification is entitled to representation by the attorney general. Current law generally provides that the trial court may, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, defer judgment, defer sentencing, or suspend the sentence. This provision does not apply to a forcible felony or to a violation of Code chapter 709 (sexual abuse) committed by a person who is a mandatory reporter of child abuse in which the victim is a person who is under the age of 18. The bill adds a violation of the bill to those offenses for which the option to render a deferred judgment or sentence, or a suspended sentence, does not apply.

Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2

2 comentarios públicos por escrito a su subcomité: 14 de febrero de 2024 (1), 8 de febrero de 2024 (1) · en el sitio de la Legislatura

Nota fiscal

Can’t be estimated Compare con otros proyectos

Resumen con IA Senate File 2340 creates new criminal offenses and procedures related to illegal reentry into the state. The fiscal impact to the correctional system cannot be estimated due to a lack of existing conviction data. While the impact to the State General Fund through the Judicial Branch, Indigent Defense Fund, and Department of Corrections cannot be estimated, the cost to transport individuals to a port of entry may be significant. (en inglés)3

Lea la nota fiscal (en inglés)

Description

Senate File 2340 creates a new Iowa Code chapter related to illegal reentry into the State by certain aliens; creates procedures for law enforcement, the Department of Public Safety (DPS), and judicial officers; and establishes criminal offenses.

Senate File 2340 establishes that a person commits an aggravated misdemeanor if the person enters, attempts to enter, or is at any time found in the State under the following circumstances:

  • The person has been denied admission to or has been excluded, deported, or removed from the United States.
  • The person has departed from the United States while an order of exclusion, deportation, or removal is outstanding.

Under the Bill, a person commits a Class D felony under the following circumstances:

  • The person’s removal was after a conviction for the commission of two or more misdemeanors involving drugs, crimes against a person, or both.
  • The person was excluded pursuant to 8 U.S.C. §1225(c) (inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing) because the defendant was excludable under 8 USC §12282(a)(3)(B).
  • The person was removed pursuant to the provisions of 8 U.S.C. ch. 12, subch. V (alien terrorist removal procedures).
  • The person was removed pursuant to 8 U.S.C. §1231(a)(4)(B) (detention and removal of aliens).

Under the Bill, a person commits a Class C felony if the person was removed after a conviction for the commission of a felony. A person also commits a Class C felony if they are charged with an offense under the Bill, a judge issued an order for the person to return to the foreign nation from which the person entered, and the person failed to comply with the order. Senate File 2340 sets rules for peace officers and the DPS that limit locations an individual may be arrested for illegal reentry, tasks required prior to the issuance of a return order, and criminal record reporting requirements.

The Bill creates procedures for the Judicial Branch and judges related to written orders; restricts the use of deferred judgments, sentences or suspended sentences in certain circumstances; and restricts the abatement of prosecution in certain circumstances.

The Bill also provides standards related to civil immunity for and indemnification of local and state government officials, employees, and contractors.

Background

A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but not more than $13,660. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540.

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.

Correctional Impact

Senate File 2340 creates new criminal offenses, and the correctional impact cannot be estimated due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class C felonies, Class D felonies, and aggravated misdemeanors. 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. Figure 1 — Sentencing Estimate and Length of Stay

Minority Impact

Senate File 2340 creates new criminal offenses. As a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. 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

Senate File 2340 creates new criminal offenses, and the fiscal impact to the correctional system cannot be estimated due to a lack of existing conviction data. Figure 2 shows the average State cost per offense for a Class C felony, a Class D felony, and an aggravated misdemeanor. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Cost Per Offense The cost to transport an individual to a port of entry is unknown. Although the fiscal impact cannot be estimated, it may be significant.Conviction Offense Class

Percent

Ordered to

State

Prison

FY 2023

Avg LOS in

Prison (All Releases)

Marginal

Cost Per

Day Prison

Percent

Ordered

to

Probation

FY23

Field Avg

LOS on

Probation

Avg Cost

Per Day on

Probation

Percent

Sentenced

to CBC

Residential

Facility

Marginal

Cost Per

Day CBC

Percent

Ordered

to County

Jail

Marginal

Cost Per

Day Jail

FY23

Field Avg

LOS on

Parole

Marginal

Cost Per

Day Parole

C Felony (Non-Persons) 86.0% 19.4 $24.94 64.2% 42.2 7.67$ 13.0% 20.00$ 34.0% 50.00$ 21.3 7.67$ D Felony (Non-Persons) 84.4% 13.0 $24.94 69.8% 39.5 7.67$ 14.5% 20.00$ 32.2% 50.00$ 15.7 7.67$

Aggravated Misdemeanor

(Non-Persons) 30.4% 7.5 $24.94 45.0% 25.1 7.67$ 3.6% 20.00$ 71.7% 50.00$ 11.9 7.67$Offense Class Average Cost Class C Felony $14,300 to $27,500 Class D Felony $12,600 to $18,200 Aggravated Misdemeanor $7,500 to $10,800

Sources

  • Department of Corrections
  • Criminal and Juvenile Justice Planning, Department of Management
  • Department of Public Safety
  • Judicial Branch
  • Legislative Services Agency
  • May 8, 2024
  • The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
  • fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.

Cómo leer una nota fiscal4

Lo que cambia del Código de Iowa (Iowa Code)

Crea§718C.1§718C.10§718C.2§718C.3§718C.4§718C.5§718C.6§718C.7§718C.8§718C.9

Modifica§907.3

Cómo funciona el Código5

Cabildeo

3 a favor · 9 en contra · 4 indecisos · Quiénes →

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