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Monday, June 24, 2019
A person can now get an expungement of any misdemeanor (but there are numerous exceptions) as long as the person establishes that more than eight years have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.Exceptions (i.e. things that can’t be expunged):
In addition, the bill does not apply to a defendant who is the subject of a protective order or a no-contact order; or a defendant who has previously been granted two deferred judgments.
Enhancements for second and subsequent public intoxication convictions are removed. All public intoxication convictions are now simple misdemeanors.
The crime 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. A person who commits aggravated theft, and who has previously been convicted of an aggravated theft, robbery in the first degree in violation of section 711.2, robbery in the second degree in violation of section 711.3, or extortion in violation of section 711.4, is guilty of a class “D” felony.
Increases the statute of limitations for prosecutions of certain sexual offenses against minors to 15 years after a minor turns 18 years old, up from 10 years after the minor turned 18.Offenses impacted include 1st, 2nd, and 3rd degree sexual abuse committed against a minor and 1st, 2nd, and 3rd degree sexual abuse, incest, and sexual exploitation committed by a counselor, therapist, or school employee against a minor.
The bill, in part, is a response to the Iowa Supreme Court’s decision in Noll v. Iowa Dist. Court for Muscatine Cty., 919 N.W.2d 232 (Iowa 2018), in which the Iowa Supreme Court stated that a person convicted for OWI 3rd offense could not be sentenced as a habitual offender, in essence tripling the person’s maximum sentence.This bill allows a person who was twice before convicted of a Class “D” or “C” felony and who was convicted of an OWI third offense to be sentenced as a habitual offender, increasing the maximum sentence from 5 years in prison to 15 years in prison and requiring the person to serve a minimum of 3 years if convicted as a habitual offender.
This bill relates the criminal offense of agricultural production facility trespass which involves the use of deception to obtain access to a facility, which is not open to the public, with the intent to cause physical or economic harm or other injury to the facility’s operations, property, or persons. The offense also involves obtaining employment with the agricultural production facility by deception with the intent to cause physical or economic harm or other injury to the facility’s operations, property, or persons.A person who commits agricultural production facility trespass is guilty of a serious misdemeanor for a first offense and an aggravated misdemeanor for a second or subsequent offense. The bill also expressly provides for the application of the conspiracy statute. A person convicted of conspiracy under the bill’s provisions is guilty of a misdemeanor of the same class as the underlying offense. This bill took effect on March 14, 2019.
Prohibits the electrical examining board and the plumbing and mechanical systems board from denying a professional license to a person based upon a felony conviction. However, it does provide for the denial, revocation or suspension of those licenses if an individual is convicted of sexual abuse, a sexually violent offense, dependent adult abuse, a forcible felony, or domestic abuse assault.
Creates the new criminal offense of female genital mutilation. "A person who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a minor commits a class "D" felony.A person who knowingly transports a minor outside of the state for purposes of performaing such a procedure also commits a class "D" felony.
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