Read the full stored bill text
House
File
2574
-
Introduced
HOUSE
FILE
2574
BY
WILSON
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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2574
Section
1.
Section
907.3,
subsection
1,
paragraph
a,
Code
1
2026,
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
ten
5
thousand
dollars.
6
Sec.
2.
Section
907.3,
subsection
2,
paragraph
a,
Code
2026,
7
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(10)
The
defendant
was
a
public
employee
9
or
public
official
at
the
time
of
the
offense
and
the
amount
10
taken
by
the
defendant
from
the
public
employer
exceeded
ten
11
thousand
dollars.
12
Sec.
3.
Section
907.3,
subsection
3,
Code
2026,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
i.
The
sentence
of
a
defendant
who
was
a
15
public
employee
or
public
official
at
the
time
of
the
offense
16
and
the
amount
taken
by
the
defendant
from
the
public
employer
17
exceeded
ten
thousand
dollars
unless
the
defendant
establishes,
18
by
clear
and
convincing
evidence,
and
the
sentencing
court
19
finds
and
states
specifically
on
the
record,
the
existence
20
of
mitigating
circumstances
warranting
a
departure
from
the
21
otherwise
applicable
mandatory
term
of
incarceration.
22
Sec.
4.
Section
907.3,
Code
2026,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
4.
For
the
purposes
of
this
section:
25
a.
“Public
employee”
means
any
individual
employed
by
a
26
public
employer
and
includes
a
contractor
or
vendor.
27
b.
“Public
employer”
means
the
state,
its
boards,
28
commissions,
agencies,
and
departments,
and
its
political
29
subdivisions
including
school
districts
and
other
special
30
purpose
districts.
31
c.
“Public
official”
means
the
same
as
defined
in
section
32
68B.2.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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2574
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
sentencing
of
public
employees
and
2
public
officials
for
certain
offenses.
3
The
bill
prohibits
a
sentencing
court
from
deferring
the
4
judgment
or
deferring
the
sentence
of
a
defendant
if
the
5
defendant
was
a
public
employee
or
public
official
at
the
time
6
of
the
offense
and
the
amount
of
money
taken
by
the
public
7
employee
or
public
official
in
connection
with
the
offense
8
exceeded
$10,000.
9
The
bill
prohibits
a
sentencing
court
from
suspending
10
the
sentence
of
a
defendant
if
the
defendant
was
a
public
11
employee
or
public
official
at
the
time
of
the
offense
and
12
the
amount
of
money
taken
by
the
public
employee
or
public
13
official
in
connection
with
the
offense
exceeded
$10,000
unless
14
the
defendant
establishes,
by
clear
and
convincing
evidence,
15
and
the
sentencing
court
finds
and
states
specifically
on
16
the
record,
that
mitigating
circumstances
exist
warranting
17
a
departure
from
the
otherwise
mandatory
minimum
term
of
18
incarceration.
19
The
bill
defines
“public
employee”
as
any
individual
20
employed
by
a
public
employer
and
includes
a
contractor
21
or
vendor;
“public
employer”
as
the
state,
its
boards,
22
commissions,
agencies,
and
departments,
and
its
political
23
subdivisions
including
school
districts
and
other
special
24
purpose
districts;
and
“public
official”
as
officials,
local
25
officials,
and
members
of
the
general
assembly
(as
defined
in
26
Code
section
68B.2).
27
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