Dems: Judiciary – week of Feb. 15, 2016

February 22, 2016

SF 84Fair Chance at Employment Act

SF 2039 – Extension of Statute of Limitations for Child Sex Abuse and Certain Obscenity Crimes

SF 2183 – Statute of Limitations for Child Endangerment

SF 2184 – Probate Bill

SF 2185Relating to Criminal Trespass

SF 2186 – Relating to Criminal Penalties for Crack and Powder Cocaine

SF 2189Non Substantive Code Editor’s Bill

SF 2190 – Establishing a Chemical Substance Abuse Monitoring Pilot Program

SF 2191 – Establishing a Human Trafficking Office within the Department of Public Safety

SSB 1249 – Redemption of Parcels Sold at Tax Sale

SSB 3104 – Violent Offenders and Reducing Earned Time for Failure to Participate in Batterers Program

SSB 3144 – Uniform Deployed Parents Custody and visitation Act



SF 84, as amended in committee, creates a new code Chapter 91F, to help those with criminal records find employment. The bill prohibits an employer or employment agency from inquiring about or requiring disclosure of the criminal record or criminal history of an applicant until the applicant’s interview is being conducted or, if an interview will not be conducted, until after a conditional offer of employment is made to the applicant by the employer or employment agency. Employer is defined as a person who has four or more employees in the current or preceding calendar year. There are specific exclusions to this requirement, including if the job per federal or state law cannot be held by a person convicted of certain, specific criminal offenses. The Labor Commissioner is responsible for enforcing this Chapter. The bill provides for civil penalties for violations.

[2/16: 7-5 (Garrett, Shipley, Whitver, Schneider, Zaun “no”; Hogg absent)]


SF 2183 extends the statute of limitations for child endangerment from the current three years after the occurrence to 10 years after the child turns 18.

[2/11: short form (Zaun absent)]


SF 2039 changes language in the obscenity chapter of the Code that refers to “telephones” and replaces any reference to telephones with the phrase “electronic communication device” to reflect modern technology, such as cell phones and tablets, used to send photographs, etc. In addition the bill extends the statute of limitations for sexual abuse in the first, second or third degree committed on or with a child to 25 years after the victim turns 18.The bill also extends the statute of limitations for certain crimes in the Obscenity Chapter to 25 years after a victim turns 18. The current statute of limitations relating to obscenity is three years after the offense is committed.

[2/16: short form (Hogg, Kinney absent)


SF 2184 is a probate bill from the Bar Association that:

  • Dispenses with the requirement that a person who is the fiduciary for an estate who is also an interested person as defined by Code provide notice to themselves when a petition affecting real property of the estate is filed by the fiduciary.
  • Adds language to the Iowa Trust Code that outlines what types of notice relating to trust proceedings are permissible, including electronic notice.
  • Fixes various sections of Iowa’s Power of Attorney Act (POA) from the 2014 legislative session.
    • Clarifies that a person who refuses to accept an acknowledged power of attorney may be liable for any damages suffered by the principal (person who created the power of attorney) as well as reasonable attorney fees and costs incurred in any proceeding that validates the power of attorney or mandates acceptance of the power of attorney.
    • Clarifies that if a general power relating to real property is included in the Power of Attorney document, the agent (person who has the power of attorney) can transfer or release the principal’s homestead rights.
    • Deletes an agent’s authority to reject, renounce, disclaim, release or consent to a reduction in or modification of a share in or payment from an estate, trust or other beneficial interest, unless that authority is specifically provided for in the Power of Attorney.
    • Allows an agent to set up a “Miller Trust” for the benefit of the principal if the Power of Attorney grants general authority with respect to benefits from government programs or civil or military service. A “Miller Trust” is a medical assistance income trust as defined in section 633C.1 of the Code.

[2/11: short form (Zaun absent)]


SF 2185 adds a new definition of “trespass” under Code section 716.7(2) to include intentionally viewing, photographing or filming another person who is in a dwelling, and there is no legitimate purpose for the viewing, photographing or filming when the person being viewed, etc. has a reasonable expectation of privacy and does not consent to or cannot consent to being viewed, etc. In addition, under this new definition of trespass, a person will be trespassing if they place on or retrieve from the other person’s property equipment to view, photograph or film another person without legitimate purpose. This new definition of trespass will be a serious misdemeanor.

[2/11: short form (Zaun absent)]


SF 2186 brings the penalties for crack and powder cocaine in line with each other. This is a Public Safety Advisory Board recommendation. It does not reduce penalties but raises the amounts of crack cocaine required to qualify as a B or super B felony. [2/11: short form (Garrett, Shipley, Schneider, Whitver “no”; Zaun absent]


SF 2189 contains a variety of nonsubstantive, technical corrections throughout the Code. The bill includes 23 reference updates, 19 corrections to terms or names of entities or publications, 24 corrections to spelling and grammar, one correction of a typographical error, 12 standardizations of citation, and 61 updates to Code section style or format. [2/11: short form (Zaun absent)]


SF 2190 establishes a statewide chemical substance abuse monitoring pilot program. It allows the Department of Public Safety, in collaboration with the Governor’s Traffic Safety Bureau, to approve applications from counties for countywide chemical substance abuse monitoring pilot programs that would be available 24 hours per day, seven days a week. This program is intended to reduce the number of crimes that have a nexus with chemical substance abuse, including alcoholic beverages.

[2/11: short form (Garrett, Schneider “no”; Zaun absent)]


SF 2191 establishes an office within the Department of Public Safety to oversee and coordinate efforts to combat human trafficking in Iowa. The bill directs the Commissioner of Public Safety to appoint a coordinator to staff the office. Additional staff may be hired, subject to the availability of funding. The office will serve as a point of contact for anti-human trafficking activity in Iowa. The office will also consult with and work jointly with other government agencies and nongovernment or community organizations that have expertise in human trafficking prevention, victim protection and assistance, law enforcement and prosecution to combat human trafficking. The Office of Human Trafficking is to provide a report to the Legislature by November of 2017 and each year thereafter regarding anti-human trafficking efforts.

[2/11: short form (Zaun absent)]


SSB 1249 amends Code Section 447.7 by adding a complete set of procedures to govern the redemption of tax sale parcels by minors and those of unsound mind. The procedures are similar to those in Section 447.8 but are narrowly tailored to redemption by minors and those of unsound mind.

[2/16: short form (Hogg, Kinney absent)]


SSB 3104, as amended in committee, establishes a criminal penalty for a violent repeat offender, giving those convicted under this new section reduced earned time. A violent repeat offender is any person convicted of at least two previous felonies enumerated in the bill. An offender who is serving a violent repeat offender sentence under the bill will only be eligible for a reduction of sentence equal to 15 85ths of a day for each day of good conduct. In addition, an offender who refuses to participate in required batterers’ programming while in prison will have earned time suspended until they participate. The bill authorizes Community Based Corrections Districts to electronically track and monitor those on probation, parole or work release for domestic violence related crimes. The bill also requires a risk assessment to be part of a pre-sentence investigation when the offense is domestic abuse assault or harassment.

[2/16: short form (Hogg, Kinney absent)]


SSB 3144 creates the Uniform Deployed Parents Custody and Visitation Act to provide a uniform interstate process for deployed parents to make arrangements for the custody and visitation of their children. The bill provides a framework for establishing custody and visitation arrangements when a parent is deployed. Any authority created under the new Code chapter is temporary and terminates after the deployed parent returns from deployment, unless the agreement has been terminated. The bill provides remedies for noncompliance with a proceeding held pursuant to the new chapter.

[2/16: short form (Hogg, Kinney absent)]

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