Dems: Judiciary – week of March 14, 2016

March 21, 2016
By

HF 493 – Right to assistance

HF 2064 – Mandatory minimum for child endangerment and changes to robbery 2nd

HF 2265 – Address confidentiality in legal proceedings and Safe at Home Program

HF 2278 – Extending the statute of limitations for kidnapping and human trafficking

HF 2314 – Permits to carry weapons, confidentiality of permits and fraudulent transfers

HF 2333 – Consent decrees in juvenile delinquency proceedings

HF 2354 – Electronic recordings of magistrate proceedings

HF 2373 – Limited partnerships and limited liability companies

HF 2386 – Termination of parents rights relative to sexual abuse

HF 2399 – Domestic abuse

HF 2400 – Voidable commercial transactions

HF 2420 – Untested Sexual Abuse Evidence Collection kits

 

FLOOR & COMMITTEE ACTION:

HF 2265 provides a process for a court to decide whether a person who participates in the state’s Address Confidentiality Program must disclose their residential address during legal proceedings. The bill requires victims of domestic abuse, domestic abuse assault, sexual abuse, stalking or human trafficking who participate in the State’s Address Confidentiality Program to only disclose their residential address during legal proceeding when a court or tribunal finds all of the following:

  • A reasonable belief that the address is needed to obtain information or evidence necessary for the litigation to proceed.
  • There is no other way to obtain the information or evidence.
  • The participant gets notice that disclosure of their address is sought and an opportunity at a hearing to present evidence of potential harm if their address is disclosed.
  • The court must consider potential harm to the participant and whether it is outweighed by the interest in disclosing the address. If it is a criminal proceeding, disclosure must be ordered if it is found that nondisclosure would violate a defendant’s constitutional right to confront a witness.

[Floor 3/15: 49-0 (Chapman absent); Committee 3/10: short form (Zaun absent)]

 

HF 2278 extends the statute of limitations for kidnapping of a minor to 10 years after they turn 18 (age 28) or three years from the date the person is identified through DNA profiling, whichever is later. The current statute of limitations is three years after the kidnapping.

 

In addition, the bill extends the statute of limitations for human trafficking of a minor to 10 years after they turn 18 or three years after a perpetrator is identified through DNA profiling, whichever is later. The current statute of limitations for human trafficking is three years.

[Floor 3/16: 49-0 (Bertrand absent); Committee 3/10: short form (Zaun absent)]

 

HF 2354 requires that trials and contested hearings before a magistrate be electronically recorded unless a party provides a certified court reporter at their own expense. Practices and procedures for maintaining the electronic recordings and for transcription will be prescribed by the State Court Administrator. The recordings must be maintained for one year after entry of final judgment in the trial court or 30 days after final disposition, whichever is later.

[Floor 3/15: 49-0 (Chapman absent); 3/10: short form (Zaun absent)]

 

HF 2386 adds to the grounds for termination of parental rights under Iowa law. The court may terminate a perpetrator’s parental rights if it finds clear and convincing evidence that a child was conceived because of sexual abuse, and the biological parent against whom the abuse was perpetrated requests such termination.

[Floor 3/16: 49-0 (Bertrand absent); Committee 3/10: short form (Zaun absent)]

 

 

HF 2400 is a Bar Association bill that amends Iowa’s Uniform Fraudulent Transfer Act. Among other things, the bill changes the name of the Act to the Uniform Voidable Transactions Act because transfers do not have to be fraudulent under the Act; makes the law of the jurisdiction where the debtor lives the governing law; provides uniform rules on allocation of burden of proof and standards of proof; and ensures that electronic mediums are included.

[Floor 3/16: 49-0 (Bertrand absent); Committee 3/10: short form (Zaun absent)]

 

HF 2420 requires the Iowa Attorney General’s Office to conduct a survey of law enforcement agencies in Iowa that are charged with the maintenance, storage or preservation of untested sexual abuse evidence collection kits. The survey will help identify how many untested kits are stored at law enforcement agencies and specific data relating to the kits. Law enforcement agencies must submit answers to the Attorney General’s Office by January 1, 2017. The Attorney General must compile the results and submit a report to the Legislature by March 15, 2017. The report will include the name and contact information of each law enforcement agency that failed to respond to the survey. In addition, a report will be provided to the State Public Defender by March 15, 2017, regarding untested sexual abuse evidence collections kits.

[Floor 3/16: 49-0 (Bertrand absent); Committee 3/10: short form (Zaun absent)]

 

COMMITTEE ACTION:

HF 493 relates to the right of a tenant or resident to summon emergency assistance and prohibits a landlord, city, county or other governmental entity from penalizing a tenant, resident, owner or landlord for seeking emergency assistance. The Committee adopted an amendment preventing a landlord from limiting a resident’s or tenant’s right to summon law enforcement assistance or other emergency assistance for a victim of abuse, a victim of a crime or an individual in an emergency. A landlord cannot impose penalties on a resident or tenant who summons such emergency assistance; any waiver of such right is void and unenforceable.

 

However, a landlord may recover from a resident or tenant an amount equal to the costs incurred to repair property damage if the damage is caused in response to the call for assistance. Under the amendment, an ordinance, rule or regulation of a city, county or other government entity must not authorize a penalty against a resident, owner, tenant or landlord because they were a victim of abuse or crime, or called for assistance for a victim of abuse or crime. The amendment specifies what costs can be recovered by municipalities, such as costs of ambulance service in responding to an emergency.

[3/10: short form (Zaun absent)]

 

HF 2064 relates to mandatory minimums for child endangerment and robbery in the second degree. The bill provides that the court must set a mandatory minimum between 3/10 and 7/10 of the maximum sentence (50 years is the maximum sentence) for child endangerment involving an intentional act that results in the death of the child. Currently, there is no mandatory minimum sentence.

 

In addition, a court must set a mandatory minimum of between 3/10 and 7/10 of the maximum sentence for robbery in the second degree. Currently, there is a mandatory minimum of 7/10 (7 years). For those currently serving mandatory minimums for robbery in the second degree, the Board of Parole may establish a mandatory minimum of between 3/10 and 7/10 rather than the mandatory 70 percent. The Committee adopted an amendment that struck the section allowing the Board of Parole to change the mandatory minimum sentences for those convicted prior to July 1, 2016.

[3/10: short form (Bisignano, Garrett “no”; Zaun absent)]

 

HF 2314 primarily cleans up Iowa’s permit to carry law. The bill:

  • Requires the Department of Public Safety to create a permit for permit holders throughout the state for consistency purposes. Currently, each county provides a permit to residents, which results in many different permits throughout the state.
  • Requires training to obtain an initial permit to carry and upon second renewal, which will be every 10 years. The training must be completed within 24 months prior to the application.
  • Changes the timeframe in which a permit holder can apply for a renewal. Currently, it is 60 days, which creates substantial work for sheriffs’ offices that delay the issuance of renewals. The bill allows renewal anytime up to 30 days after expiration of a permit. If a person applies after 30 days, it will be considered an application for an initial permit.
  • Allows for the transfer of a permit issued in one county to another county. Currently, there is no process to do this.
  • Provides for the confidentiality of permit holder information (permits to carry and permits to acquire) subject to some exceptions. Members of the public can request information regarding whether an individual has a permit to acquire or permit to carry. However, the Department of Public Safety and the sheriffs must keep a record of those who request information. Requesters will be public information.
  • Makes “straw” purchases a D felony.

 

The Committee adopted a strike-after amendment that adds these elements:

  • Requires a firearms training class that includes qualifying on a range for an initial application for a permit to carry.
  • Requires all who have permits to carry to have their permit with them when carrying a weapon. A violation will be a $10 scheduled fine. As passed by the House, the bill requires carrying a permit when carrying and concealing specified weapons.
  • Makes permits issued by sheriffs temporary and expire upon receipt of the permanent permit (similar to drivers’ licenses). As passed by the House, the bill allows the permanent permit and the one issued by the sheriff to be valid at all times.
  • Provides that that in an appeal of a denial of a permit, the loser pays costs of the appeal. Current law requires the sheriff to pay all costs regardless of the outcome.

[3/10: 8-4 (party-line; Zaun absent)]

 

HF 2333 requires that prior to entering a consent decree after a juvenile delinquency petition has been filed, a child must admit involvement in the delinquent act or the court must find that the child committed a delinquent act. In the alternative, the court may enter a consent decree without an admission by the child or a finding by the court if both the child and the county attorney agree to a consent decree. When a consent decree is entered, the juvenile delinquency proceedings are suspended and the child must abide by certain conditions set by the court. If those conditions are met, the original delinquency petition cannot be reinstated.

[3/10: short form (Zaun absent)]

 

HF 2373 amends the Uniform Limited Partnership Act (Code chapter 488) and the Revised Uniform Limited Liability Company Act (Code chapter 489). Both Code chapters are administered by the Secretary of State. The changes include:

 

  • AMENDMENTS TO THE UNIFORM LIMITED PARTNERSHIP ACT – When referring to a limited partnership’s place of business and person specified to receive service of process, the bill changes the name “designated office” to “registered office” and the name “agent for service of process” to “registered agent for service of process” or “registered agent.”
  • AMENDMENTS TO REVISED UNIFORM LIMITED LIABILITY COMPANY ACT – The bill changes the information required in a certificate of existence issued to a domestic limited liability company or certificate of authorization issued to a foreign limited liability company. Information required in a certificate is combined into one provision for both domestic and foreign companies. The bill also makes changes to the information required in an application for a certificate of authorization, including the limited liability company’s date of formation and its principal officers. Its certificate of existence filed in another state or country accompanying the application must be dated no earlier than 90 days prior to the date of application.

 

The Committee adopted an amendment clarifying that when a foreign limited liability company applies for a certificate of authority to transact business in Iowa, if the application is from a company that is member-managed or manager-managed, it must include the name, street and mailing address of at least one member or one manager, respectively.

[3/10: short form (Zaun absent)]

 

HF 2399 relates to domestic abuse and other offenses involving a domestic relationship, and provides penalties. If a defendant engaged in domestic abuse pursuant to Code chapter 236 (not a criminal proceeding), the court may order the defendant to provide a certified statement regarding their ability to pay support and maintenance when ordering such support and maintenance. If the defendant fails to provide the certified financial statement with full and accurate disclosure, the court must hold the defendant in contempt of court.

 

The bill:

  • Requires a mandatory risk assessment if a person is convicted of violating a no contact order or protective order.
  • Requires a risk assessment if a person is convicted of domestic abuse assault under Code section 708.2A.
  • Requires the court to consider the risk assessment in determining appropriate conditions for release.
  • Provides that the court may order the defendant in domestic abuse cases to be electronically monitored.
  • Specifies that a person on probation, parole, work release, special sentence or other conditional release may have an electronic tracking and monitoring system in addition to other conditions of supervision if convicted of:
    • Domestic abuse assault in violation of Code section 708.2A(4).
    • Harassment in the first degree in violation of Code section 708.7(2), and the offense involved a domestic relationship.
    • Stalking in violation of Code section 708.11(3)(a), and the offense involved a domestic relationship.
    • Stalking in violation of Code section 708.11(3)(b)(1), and the offense involved a domestic relationship.

 

The bill establishes a mandatory minimum sentence of three years for those with three convictions for domestic abuse assault; a mandatory minimum of one year for those convicted of harassment in the first degree; and provides for mandatory minimums for those convicted of C or D felony stalking per Code Sections 708.11(3) (a) and ((b)(1). The bill reduces the earned time for those convicted of these crimes, and suspends earned time for prisoners who refuse to participate in a required batterer’s program.

 

The Committee adopted a strike-after amendment to the bill that adds an enhancement to Iowa’s stalking laws; criminalizes the unauthorized placement of a GPS device; requires risk assessments for those convicted of domestic abuse assault; provides for electronic monitoring of those charged with or convicted of domestic abuse; and suspends earned time for those who fail to participate in batterer’s education programming.

[3/10: short form (Zaun absent)]

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