This bill revises regulations for city civil service employees, primarily impacting police and fire departments, and modifies city civil service commissions. It prohibits cities with civil service commissions from establishing citizen review boards for officer conduct and mandates that larger cities (over 50,000 residents) establish civil service commissions with five to seven members. The legislation also changes the standard for employee discipline, requiring "just cause" and proof by a "preponderance of the evidence" for violations of law, city policies, or department rules, with cities bearing the burden to show punishment is proportionate. Furthermore, it requires the disclosure of exculpatory evidence to employees facing charges and adjusts appeal hearing procedures.
This bill amends Iowa law concerning the sexual exploitation of a minor, specifically addressing the prosecution of offenses related to visual depictions of child sexual abuse. Currently, possessing multiple images of different minors is prosecuted as separate offenses, but possessing multiple images of the *same* minor is treated as a single offense. The bill changes this by stipulating that knowingly purchasing or possessing multiple visual depictions of the *same* minor engaged in prohibited sexual acts will now be prosecuted and punished as separate offenses for each distinct image. This means individuals could face separate felony charges for each distinct image of child sexual exploitation, even if all images depict the same minor.
This bill modifies how criminal case fines collected within a county are distributed, reducing the percentages allocated to the state court administrator and county treasurer. It establishes a new "victim restitution fund" in the state treasury, which will receive 7% of these collected fines. The fund is dedicated to providing restitution for crime victims, covering "pecuniary damages" and restitution for the death of a victim, as defined by existing law. Monies in this fund will remain available for expenditure year-to-year and will not revert at the close of a fiscal year.
SJR 9 proposes adding a new section to the Iowa Constitution to protect children under 18 and witnesses with mental illnesses, intellectual disabilities, or developmental disabilities. It would allow future laws to limit an accused person's right to confront these specific witnesses during legal proceedings. The amendment requires voter approval after being referred to the general assembly for the next election. This is a proposed constitutional change, not an enacted law, and would enable state lawmakers to create procedures for handling testimony from vulnerable witnesses.
HF 1001 creates a rural attorney recruitment assistance program to help eligible rural counties and municipalities attract and retain legal professionals. The College Student Aid Commission will administer the program, assessing counties and municipalities with populations under 26,000 and located more than 20 miles from a larger city. Participating attorneys agree to practice law full-time in these areas for five years, serve as contract public defenders, and participate in volunteer legal projects. In return, they receive annual incentive payments over five years, with the local government covering 35% and the state covering the remaining 65%. The program is initially limited to assisting up to five attorneys.
HF 946 establishes a process for addressing law enforcement officers, including elected sheriffs, who knowingly and intentionally fail to comply with state immigration enforcement laws. Under this bill, such officers can be investigated by the Attorney General. If a complaint is found valid and the officer continues to refuse compliance, their case may be referred to the Iowa Law Enforcement Academy Council. The Council could then receive a recommendation to revoke the officer's certification.
HF 792 establishes a new cause of action for first-degree murder related to fentanyl. The bill states that a person commits first-degree murder if they unlawfully deliver, dispense, or provide fentanyl or a fentanyl-related substance that proximately causes another person's death through injection, inhalation, absorption, or ingestion. It clarifies that it is not a defense if the deceased person contributed to their own death by willingly taking the substance. This offense is classified as a Class "A" felony, punishable by life imprisonment without parole.
House File 926 creates a process for victims of human trafficking to petition the court for expungement of certain criminal history records. This allows records for offenses committed while they were victims to be removed from public access. Petitioners must submit a sworn statement, and official documentation of their victim status can be provided, though it's not strictly required. The bill specifies that no fees are charged for filing these petitions, and expunged records become confidential, though they remain accessible to criminal justice agencies or by court order. However, certain serious offenses, such as homicide or sexual abuse, are not eligible for expungement under this bill.
House File 945 establishes a new process for individuals to claim immunity from criminal or civil liability if they use reasonable force to defend themselves, others, or their property. In criminal cases, a defendant can file a pretrial motion for immunity, leading to a hearing where the state must prove by clear and convincing evidence that the immunity claim is not valid. If the state fails to overcome the immunity claim, the criminal case is dismissed; otherwise, it proceeds to trial. The bill also allows this immunity to be used as an affirmative defense in civil lawsuits.
HF 937 modifies administrative procedures for law enforcement officers, primarily impacting their professional certification and confidentiality in peer support. The bill narrows the specific grounds for revoking or suspending an officer's certification, limiting it to instances where an officer was discharged for just cause or resigned during pending disciplinary action warranting discharge. It also applies standard rules of evidence to contested certification cases and ensures officers receive investigative reports. Additionally, the bill expands confidentiality protections for communications made by officers and certain civilian employees to peer support counselors during crisis interventions.
