Bill Text: IA HF2453 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the penalty for public employees and public officials taking money from a public employer.(Formerly HSB 635.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-14 - Placed on calendar under unfinished business. S.J. 537. [HF2453 Detail]
Download: Iowa-2023-HF2453-Introduced.html
House
File
2453
-
Introduced
HOUSE
FILE
2453
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
635)
A
BILL
FOR
An
Act
relating
to
the
penalty
for
public
employees
and
public
1
officials
taking
money
from
a
public
employer.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
907.3,
subsection
1,
paragraph
a,
Code
1
2024,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(17)
The
defendant
was
a
public
employee
3
or
public
official
at
the
time
of
the
offense
and
the
amount
4
taken
by
the
defendant
from
the
public
employer
exceeded
seven
5
thousand
five
hundred
dollars.
6
Sec.
2.
Section
907.3,
subsection
2,
paragraph
a,
Code
2024,
7
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(10)
An
offense
for
which
the
defendant
9
was
a
public
employee
or
public
official
at
the
time
of
the
10
offense
and
the
amount
taken
by
the
defendant
from
the
public
11
employer
exceeded
seven
thousand
five
hundred
dollars.
12
Sec.
3.
Section
907.3,
subsection
3,
Code
2024,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
i.
A
sentence
for
an
offense
for
which
15
the
defendant
was
a
public
employee
or
public
official
at
the
16
time
of
the
offense
and
the
amount
taken
by
the
defendant
17
from
the
public
employer
exceeded
seven
thousand
five
18
hundred
dollars
unless
the
defendant
establishes,
by
clear
19
and
convincing
evidence,
and
the
sentencing
court
finds
and
20
states
specifically
on
the
record,
the
existence
of
mitigating
21
circumstances
warranting
a
departure
from
the
otherwise
22
applicable
mandatory
term
of
incarceration.
23
Sec.
4.
Section
907.3,
Code
2024,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
4.
For
the
purposes
of
this
section:
26
a.
“Public
employee”
means
any
individual
employed
by
a
27
public
employer.
28
b.
“Public
employer”
means
the
state,
its
boards,
29
commissions,
agencies,
and
departments,
and
its
political
30
subdivisions
including
school
districts
and
other
special
31
purpose
districts.
32
c.
“Public
official”
means
the
same
as
defined
in
section
33
68B.2.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
prohibits
a
sentencing
court
from
deferring
3
the
judgment
or
deferring
the
sentence
of
a
defendant
if
the
4
defendant
was
a
public
employee
or
public
official
at
the
time
5
of
the
offense
and
the
amount
of
money
taken
by
the
public
6
employee
or
public
official
in
connection
with
the
offense
7
exceeded
$7,500.
8
The
bill
prohibits
a
sentencing
court
from
suspending
9
the
sentence
of
a
defendant
if
the
defendant
was
a
public
10
employee
or
public
official
at
the
time
of
the
offense
and
11
the
amount
of
money
taken
by
the
public
employee
or
public
12
official
in
connection
with
the
offense
exceeded
$7,500
unless
13
the
defendant
establishes,
by
clear
and
convincing
evidence,
14
and
the
sentencing
court
finds
and
states
specifically
on
15
the
record,
that
mitigating
circumstances
exist
warranting
16
a
departure
from
the
otherwise
mandatory
minimum
term
of
17
incarceration.
18
The
bill
defines
“public
employee”
as
any
individual
19
employed
by
a
public
employer,
“public
employer”
as
the
state,
20
its
boards,
commissions,
agencies,
and
departments,
and
its
21
political
subdivisions
including
school
districts
and
other
22
special
purpose
districts,
and
“public
official”
as
officials,
23
local
officials,
and
members
of
the
general
assembly
(as
24
defined
in
Code
section
68B.2).
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