Bill Text: IA SF2164 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the expungement of criminal offenses for alcohol consumption in public, public intoxication, simulated public intoxication, or similar local ordinances, or when a finding of contempt has been entered, and including applicability provisions. (Formerly SF 2023.) Effective 7-1-16.

Spectrum: Committee Bill

Status: (Passed) 2016-04-06 - Signed by Governor. S.J. 649. [SF2164 Detail]

Download: Iowa-2015-SF2164-Enrolled.html

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Senate File 2164 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SF 2023)
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                                   A BILL FOR
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                                       Senate File 2164

                             AN ACT
 RELATING TO THE EXPUNGEMENT OF CRIMINAL OFFENSES FOR ALCOHOL
    CONSUMPTION IN PUBLIC, PUBLIC INTOXICATION, SIMULATED PUBLIC
    INTOXICATION, OR SIMILAR LOCAL ORDINANCES, OR WHEN A FINDING
    OF CONTEMPT HAS BEEN ENTERED, AND INCLUDING APPLICABILITY
    PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 123.46, subsection 6, Code 2016, is
 amended to read as follows:
    6.  Upon the expiration of two years following conviction
  for a violation of this section and a violation of a local
 ordinance that arose from the same transaction or occurrence,
 a person may petition the court to expunge the conviction
 including the conviction for a violation of a local ordinance
 that arose from the same transaction or occurrence, and if
 the person has had no other criminal convictions, other than
 local traffic violations or simple misdemeanor violations of
 chapter 321 during the two=year period, the conviction and the
 conviction for a violation of a local ordinance that arose
 from the same transaction or occurrence shall be expunged as
 a matter of law. The court shall enter an order that the
 record of the conviction and the conviction for a violation
 of a local ordinance that arose from the same transaction or
 occurrence be expunged by the clerk of the district court.
 Notwithstanding section 692.2, after receipt of notice from the
 clerk of the district court that a record of conviction and
 the conviction for a violation of a local ordinance that arose
 from the same transaction or occurrence has been expunged,
 the record of conviction and the conviction for a violation
 of a local ordinance that arose from the same transaction or
 occurrence shall be removed from the criminal history data
 files maintained by the department of public safety if such a
 record was maintained in the criminal history data files.
    Sec. 2.  Section 907.9, subsection 4, paragraphs d and e,
 Code 2016, are amended to read as follows:
    d.  A count or related charge that was dismissed shall not be
 expunged pursuant to paragraph "c" in any case in which a count
 or charge resulted in a conviction, not including a finding of
 contempt, that was not expunged.
    e.  The provisions of paragraph "c" apply whether the
 deferred judgment was expunged prior to July 1, 2012, or
 on or after July 1, 2012.  The provisions of paragraph "d"
  apply whether the deferred judgment was expunged prior to the
 effective date of this Act, or on or after the effective date
 of this Act.
    Sec. 3.  APPLICABILITY AND IMPLEMENTATION.  The judicial
 branch shall have until July 1, 2017, to implement the
  amendment to section 907.9 in this Act relating to the
 expungement of the court's record of a dismissed count or
 related charge and a finding of contempt.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2164, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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