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.
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.
This bill increases penalties for individuals who commit assaults against specific professionals, including peace officers, correctional staff, healthcare providers, firefighters, and certain state employees. It upgrades assaults intended to inflict serious injury or involving a dangerous weapon from a Class D to a Class C felony. Additionally, assaults causing bodily injury or mental illness against these professionals are elevated from an aggravated misdemeanor to a Class D felony. Other assaults, such as those causing contact with saliva, are reclassified from a serious to an aggravated misdemeanor, and carry a mandatory minimum 7-day jail sentence that cannot be suspended.
This bill creates new criminal offenses and penalties specifically targeting theft, forgery, and fraud involving gift cards. It defines various illegal actions, such as acquiring or using gift cards or their redemption information without consent, altering gift cards, or using fraudulent schemes to obtain them. Penalties for these crimes range from serious misdemeanors to Class C felonies, with the severity determined by the monetary value of the gift card or property involved. The bill also allows for the aggregation of values from multiple incidents over a six-month period to determine the appropriate charge, and it will take effect on July 1, 2025.
HF 317 modifies Iowa's indigent defense law by changing when court-appointed lawyers representing low-income defendants can be held liable for ineffective counsel. The bill states that such attorneys are generally not liable for damages resulting from a conviction unless a court later determines (in a postconviction proceeding or appeal) that their ineffective assistance directly caused the conviction. This rule also applies to attorneys in juvenile or civil cases where ineffective representation caused harm. The bill further treats these appointed attorneys as state employees for the purpose of legal defense and indemnification under Iowa law.
HF 298 allows youth involved in juvenile court cases (delinquency petitions) to be placed in supervised apartment living arrangements under a consent decree, rather than traditional facilities. The bill specifies when the state must cover the cost of these placements for eligible youth. It directly affects minors in the juvenile justice system and their legal representatives by creating a new placement option with clear state funding requirements. The law establishes that state payment applies when the placement is part of a court-approved consent decree. This changes how juvenile justice cases handle housing for youth awaiting court decisions.
