Dems: Judiciary Committee Report – Week 10, 2018

March 16, 2018
By

SF 2241 – Parole violations or criminal;
SF 2247 – Grandparent visitation;
SF 2321 – Carrying a stun gun;
SF 2374 – Joint physical care;
HF 2238 – Insurers as victims of insurance fraud;
HF 2255 – Contraband in community based corrections;
HF 2284 – Statute of Limitations for Judgments for Rent;
HF 2338 – Operating while intoxicated and temporary restricted licenses;
HF 2348 – Nonsubstantive Code Editor’s bill;
HF 2381 – Disposition of delinquent juvenile;
HF 2392 – Mechanical eavesdropping;
HF 2397 – Employee’s criminal history – limitation on admissibility;
HF 2402 – Power of attorney and dependent adult abuse;
HF 2404 – Restitution paid to heirs or to the victim’s estate.

 

FLOOR ACTION:

SF 2241 allows a parole officer to make a complaint to any magistrate in the judicial district where a parolee is being supervised if the parole officer believes a parolee has violated parole. If there is probable cause to believe the parolee has violated his parole, the magistrate will issue a warrant for their arrest. In addition, the bill removes Code language that allows an individual to waive their parole revocation hearing.
[3/12: 49-0 (1 vacancy)]

 

SF 2247 adds a new section to the current grandparent visitation chapter. If a party objects to a petition filed under the current grandparent visitation law, the court will refer the parties to mediation. If an agreement is reached through mediation, the parties will sign an agreement, which will be presented to the court. If no agreement is reached through mediation, court proceedings will continue unless the petition is otherwise dismissed or withdrawn. The petitioner must pay the costs of mediation.
[3/12: 49-0 (1 vacancy)]

 

SF 2321 removes the requirement for a permit to carry a dangerous weapon if the weapon in question is a stun gun (not tasers). However, stun guns will continue to be considered dangerous weapons if used in the commission of a crime. A person under 18 would be prohibited from carrying a stun gun.
[3/12: 49-0 (1 vacancy)]

 

SF 2374 creates a rebuttable presumption of joint physical care (50/50) in child custody matters when both parents are awarded joint legal custody. If the court does not award joint physical care, it must cite clear and convincing evidence that joint physical care is unreasonable.
[3/12: 33-16 (No: Bisignano, Bolkcom, Boulton, Carlin, Danielson, Dvorsky, Greene, Hogg, Horn, Jochum, D. Johnson, Lykam, Mathis, Petersen, Quirmbach, Ragan; 1 vacancy)]

 

HF 2238 specifies that an insurer can be a victim for purposes of restitution if insurance fraud has been committed against the insurer. The bill clarifies that when an insurer pays a victim’s insurance claim, the insurer is not the victim and has no right of subrogation.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

HF 2255 makes it a crime to introduce contraband into or onto a community based correctional facility; convey contraband to anyone confined in a community based correctional facility; or knowingly make, obtain or possess contraband while confined in a community based correctional facility. Contraband includes but is not limited to:

  • A controlled substance or a simulated or counterfeit controlled substance, hypodermic syringe or intoxicating beverage.
  • A dangerous weapon, offensive weapon, pneumatic gun, stun gun, firearm ammunition, knife or other cutting device, explosive or incendiary material, instrument, device or other material fashioned to be capable of inflicting death or injury.
  • Rope, ladder components, key or key pattern, metal file, instrument, device, or other material designed or intended to facilitate escape of an inmate.

Failure to report a known violation or attempted violation to a community based correctional officer or official is an aggravated misdemeanor. Possession of contraband that is a controlled substance or materials intended to facilitate escape is a “D” felony. Possession of contraband, such as a dangerous weapon, offensive weapon, stun gun or knife, is a “C” felony.
[3/13: 49-0 (1 vacancy)]

 

HF 2284 removes the five-year limit for executing judgments for rent. Under current law, a judgment for rent is null and void five years after the judgment. The bill provides for the standard 20-year limit on judgments of record; however, if a judgment comes from a court “not of record,” the statute of limitations will be ten years.

The Senate adopted an amendment that extended the statute of limitations for bringing an action for damages suffered as a result of sexual abuse or sexual exploitation by a counselor, therapist or school employee from five years after the victim was last treated by the counselor or therapist to ten years, and from five to ten years after the victim was last enrolled in or attended school. However, if the victim was a minor when the abuse or exploitation occurred, the statute of limitations for bringing an action for damages is 25 years after the victim turns 18, or 25 years after discovery of the injury and related damages if discovery was after age 18. The bill also extends the statute of limitations to bring an action for damages suffered as a result of sex abuse when the victim was a child but not discovered until after the victim turned 18 from four years after discovery to 25 years after discovery, if discovery was after the age of 18. In addition, the time to file an action for damages suffered as a result of sexual abuse when the victim was a child is extended to 25 years after the victim turns 18 if the abuse was discovered prior to age 18.
[3/13: 49-0 (1 vacancy)]

 

HF 2348 is the Non-Substantive Code Editor’s Bill, which makes minor, non-substantive and noncontroversial changes to Iowa Code. This year’s bill consists of 129 sections and includes 20 numerical updates, 26 terminology or name changes, 23 grammatical changes, five corrections of clerical errors, eight standardizations of Iowa Code and federal citations, and 84 updates to Code section style or format.
[3/14: 48-0 (Absent: Bertrand; 1 vacancy)]

 

COMMITTEE ACTION:

HF 2338 allows persons who may be subject to hard suspensions of driving privileges related to operating a vehicle while intoxicated to apply for a temporary restricted license and avoid any hard suspension of driving privileges. In order to obtain a temporary restricted license, the applicant must install an ignition interlock device.

In addition, the bill removes the limitations on driving that are imposed upon those with temporary restricted licenses. Under current law, a person with temporary restricted licenses is only allowed to drive to and from home and specified places at specified times for employment, health care, education, substance abuse treatment, court-ordered community service, parole and probation appointments, and to participate in a sobriety and drug monitoring program.

First time OWI offenders who test between .08 and .10 will be required to install an ignition interlock device to obtain a temporary restricted license. Currently, they do not have to install an ignition interlock.

The suspension of driving privileges for those with a commercial licenses or who drive school buses remain unchanged.

The Committee adopted an amendment that would maintain current law for those who cause the death of another due to driving while intoxicated. If you drive while intoxicated and cause the death of another, your license is suspended for six years and you may not apply for a temporary restricted license for two years.
[3/12: short form]

 

HF 2381 relates to custody of juveniles who are sent to  State Training School for Boys in Eldora or another facility after committing a delinquent act.  Under current law, when a juvenile age 12 or above commits a forcible felony, a drug-related felony or a homicide, the court can transfer guardianship for purposes of transferring the juvenile to the state training school or another facility.   The bill removes the court’s ability to transfer guardianship and inserts that the court may transfer custody of the juvenile to the Department of Human Services.
[3/8: short form]

 

HF 2392 relates to recording or intercepting communications. It is currently a serious misdemeanor to record or intercept a conversation without authority to do so. The bill creates a new exception, “use of a monitoring device,” which will allow people to listen to, record or intercept a conversation or communication by electronic or mechanical means. Under the bill, a person can use a monitoring device defined as, “a digital video or audio streaming or recording device that records, listens to, or otherwise intercepts video or audio communications” if it is “placed outside a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.” These essentially are seen as anti-theft and security devices that people place outside their residences. Current exceptions include:

  • A sender or recipient of a message or a person openly present and participating in or listening to a communication may record the communication.
  • The use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.

In addition, the bill amends Section 808B.2 under the Interception of Communications Chapter to authorize the owner or lessee of real property to intercept an oral communication when a surveillance system is placed in or on the real property owned or leased by the person and the system is installed with the knowledge and consent of all lawful owners or lessees of the real property and the surveillance system is used to detect or prevent criminal activity in or on property owned or in an area accessible to the public in the immediate vicinity of the property.
[3/8: short form]

 

HF 2397 prohibits the introduction of information regarding the criminal history of an employee or former employee as evidence in a civil action against an employer or its employees or agents that is based on the conduct of the employee or former employee if the nature of the criminal history does not bear a direct relationship to the facts underlying the cause of action, the record of any criminal case has been sealed or the employee was granted a pardon, the record is of an arrest or charge that did not result in a conviction, or the employee successfully completed a deferred judgment sentence.
[3/14: 7-6 (No: Bisignano, Boulton, Garrett, Kinney, Petersen, Taylor)]

 

HF 2402 addresses those who have power of attorney in financial decision making of others when the agent commits or is accused of committing dependent adult abuse of the person they have authority over.

Section 1. In a power of attorney governed by Chapter 633B, the person having the authority to make financial decisions for another person is called an agent. The person who has ceded their decision-making authority to another is called the principal. Section 1 says that an agent’s authority under a power of attorney automatically terminates when the agent commits dependent adult abuse of the principal, per a dependent adult abuse report, or the agent is convicted of dependent adult abuse of the principal.

Section 2. Allows those who become aware of pending criminal charges of dependent adult abuse against an agent or become aware of an investigation of dependent adult abuse relating to the agent to file a petition with the court for review of the agent’s conduct.

Section 3. Allows a court to suspend an agent’s authority and appoint a guardian ad litem (must be a practicing attorney) to represent the principal when someone petitions the court pursuant to pending criminal charges of dependent adult abuse or an investigation relating to dependent adult abuse.
[3/8: short form]

 

HF 2404 relates to restitution required under criminal law to be paid when an offender is convicted of a felony in which the act caused the death of another person. Under Code section 910.3B currently, the offender must pay $150,000 to the victim’s heirs or the victim’s estate. This bill ensures any restitution required under 910.3B will not be reduced by a third-party payment, including an insurance payment, unless the offender is covered by the insurance.
[3/14: short form]

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