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House
File
2608
-
Introduced
HOUSE
FILE
2608
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
663)
A
BILL
FOR
An
Act
relating
to
qualifications
for
certain
rights
and
1
privileges
prescribed
by
the
state,
including
state
2
employment,
professional
licensure,
voter
registration,
and
3
bail,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2608
DIVISION
I
1
IMMIGRATION
STATUS
——
STATE
EMPLOYMENT
AND
LICENSURE
2
Section
1.
Section
7E.3,
Code
2026,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
6.
Verification
of
United
States
citizenship
5
and
immigration
status.
Use
the
e-verify
system
of
the
United
6
States
citizenship
and
immigration
services
to
confirm
the
7
employment
eligibility
of
newly
hired
employees.
8
Sec.
2.
Section
10A.101,
Code
2026,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
4.
“SAVE
program”
means
the
systematic
11
alien
verification
for
entitlements
system
of
the
United
12
States
department
of
homeland
security
and
the
United
States
13
citizenship
and
immigration
services.
14
Sec.
3.
NEW
SECTION
.
10A.113
SAVE
program
clearinghouse.
15
There
is
created
within
the
department
a
SAVE
program
16
clearinghouse,
which
shall
serve
as
the
central
entity
to
17
process
requests
to
verify,
using
the
SAVE
program,
the
United
18
States
citizenship
and
immigration
status
of
an
individual
19
who
has
applied
for
a
professional
license
in
this
state.
20
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
21
implement
this
section.
22
Sec.
4.
Section
10A.506,
Code
2026,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
13.
a.
The
licensing
and
regulation
25
examining
boards
included
in
the
department
pursuant
to
26
subsection
1
shall
use
the
SAVE
program
clearinghouse
created
27
within
the
department
pursuant
to
section
10A.113
to
verify
28
the
United
States
citizenship
and
immigration
status
of
an
29
individual
who
has
applied
for
a
professional
license
from
the
30
board.
31
b.
A
denial
of
an
application
for
a
professional
license
due
32
to
the
results
of
the
SAVE
program
clearinghouse
check
shall
33
be
appealed
to
the
director
and
the
director’s
decision
shall
34
constitute
final
agency
action.
35
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Sec.
5.
NEW
SECTION
.
262.9E
Verification
of
citizenship
and
1
immigration
status.
2
The
state
board
of
regents
and
each
institution
of
higher
3
education
governed
by
the
board
shall
use
the
e-verify
system
4
of
the
United
States
citizenship
and
immigration
services
to
5
confirm
the
employment
eligibility
of
newly
hired
employees.
6
Sec.
6.
Section
272C.1,
Code
2026,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
11.
“SAVE
program
clearinghouse”
means
9
the
SAVE
program
clearinghouse
created
within
the
department
10
of
inspections,
appeals,
and
licensing
pursuant
to
section
11
10A.113.
12
Sec.
7.
Section
272C.4,
Code
2026,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
11.
Use
the
SAVE
program
clearinghouse
to
15
confirm
the
United
States
citizenship
and
immigration
status
of
16
an
individual
who
has
applied
for
a
professional
license
from
17
the
board.
18
Sec.
8.
Section
272C.10,
Code
2026,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
9.
For
a
license
deemed
a
professional
21
license
by
the
licensing
board,
unlawful
presence
in
the
United
22
States,
as
determined
by
using
the
SAVE
program
clearinghouse.
23
Sec.
9.
NEW
SECTION
.
272C.15A
Disqualifications
for
24
unlawful
presence.
25
A
licensing
board
established
after
January
1,
1978,
and
26
pursuant
to
the
provisions
of
this
chapter,
shall
not
issue
or
27
renew
a
professional
license
to
an
individual
who
the
licensing
28
board
is
unable
to
verify
is
lawfully
present
in
the
United
29
States,
as
determined
by
using
the
SAVE
program
clearinghouse.
30
DIVISION
II
31
VOTER
REGISTRATION
——
UNAUTHORIZED
ALIENS
32
Sec.
10.
Section
39A.2,
subsection
1,
paragraph
a,
33
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
34
(2)
Falsely
swears
to
an
oath
required
pursuant
to
section
35
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48A.7A
or
48A.11
.
1
Sec.
11.
Section
48A.2,
Code
2026,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
4A.
“Unauthorized
alien”
means
a
person
4
who
is
unlawfully
present
in
the
United
States
under
the
5
federal
Immigration
and
Nationality
Act,
8
U.S.C.
§1101
et
6
seq.,
as
modified
by
applicable
federal
statutes,
rules,
and
7
regulations.
8
Sec.
12.
Section
48A.6,
Code
2026,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
3.
A
person
who
is
an
unauthorized
alien.
11
Sec.
13.
Section
48A.11,
Code
2026,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
9.
Each
voter
registration
form
shall
14
include
the
following
oath:
15
By
submitting
this
form,
I
do
solemnly
swear
and
affirm
that
I
16
will
protect
and
defend
the
Constitution
of
the
United
States
17
and
the
Constitution
of
the
State
of
Iowa,
that
I
am
qualified
18
to
register
to
vote
under
the
Constitution
and
laws
of
the
19
State
of
Iowa,
and
that
all
information
provided
in
my
voter
20
registration
application
is
true.
I
have
carefully
reviewed
21
the
instructions
for
completing
the
Iowa
voter
registration
22
application,
and
I
further
swear
or
affirm
that
I
am
a
United
23
States
citizen.
I
understand
that
if
I
have
provided
false
24
information
on
my
voter
registration
application
that
I
could
25
be
subject
to
criminal
penalties
for
perjury
and
that
I
may
be
26
fined,
imprisoned,
or,
if
not
a
United
States
citizen,
deported
27
from
or
refused
entry
into
the
United
States.
28
Sec.
14.
NEW
SECTION
.
802.2H
Election
misconduct
in
the
29
first
degree.
30
An
information
or
indictment
for
election
misconduct
in
31
the
first
degree
in
violation
of
section
39A.2
shall
be
found
32
within
five
years
after
the
commission
of
the
offense.
33
Sec.
15.
Section
802.3,
Code
2026,
is
amended
to
read
as
34
follows:
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802.3
Felony
——
aggravated
or
serious
misdemeanor.
1
In
all
cases,
except
those
enumerated
in
section
802.1
,
2
802.2
,
802.2A
,
802.2B
,
802.2C
,
802.2D
,
802.2E
,
802.2F
,
802.2G
,
3
802.2H,
or
802.10
,
an
indictment
or
information
for
a
felony
or
4
aggravated
or
serious
misdemeanor
shall
be
found
within
three
5
years
after
its
commission.
6
DIVISION
III
7
PRETRIAL
DETENTION
8
Sec.
16.
Section
811.1,
subsection
1,
Code
2026,
is
amended
9
by
adding
the
following
new
paragraphs:
10
NEW
PARAGRAPH
.
0d.
“Forcible
felony”
means
the
same
as
11
defined
in
section
702.11.
12
NEW
PARAGRAPH
.
00d.
“Indictable
offense”
means
the
same
as
13
defined
in
section
801.4.
14
NEW
PARAGRAPH
.
e.
“Unauthorized
alien”
means
a
person
15
who
is
unlawfully
present
in
the
United
States
according
to
16
the
terms
of
the
federal
Immigration
and
Nationality
Act,
8
17
U.S.C.
§1101
et
seq.
“Unauthorized
alien”
shall
be
interpreted
18
consistently
with
any
applicable
federal
statutes,
rules,
or
19
regulations.
20
Sec.
17.
Section
811.1,
subsection
2,
unnumbered
paragraph
21
1,
Code
2026,
is
amended
to
read
as
follows:
22
All
Except
as
provided
in
subsection
3,
all
defendants
23
are
bailable
both
before
and
after
conviction,
by
sufficient
24
surety,
or
subject
to
release
upon
condition
or
on
their
own
25
recognizance,
except
that
the
following
defendants
shall
not
be
26
admitted
to
bail:
27
Sec.
18.
Section
811.1,
Code
2026,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
3.
a.
Notwithstanding
subsection
2,
30
all
defendants
are
bailable
before
conviction,
by
sufficient
31
surety,
or
subject
to
release
upon
conditions
or
on
their
own
32
recognizance,
except
when
the
offense
is
for
a
forcible
felony.
33
A
charge
for
a
forcible
felony
creates
a
rebuttable
presumption
34
that
the
person
is
dangerous
and
that
there
is
not
a
sufficient
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surety
or
condition
of
release
that
will
reasonably
assure
1
the
personal
safety
of
another
person
or
persons.
If
a
court
2
determines
that
there
is
probable
cause
to
believe
that
the
3
defendant
committed
a
forcible
felony,
then
the
defendant
shall
4
be
detained
without
bail.
The
prosecuting
attorney,
or
the
5
court
on
its
own
motion,
must
move
for
pretrial
detention.
6
The
defendant
may
rebut
the
presumption
by
demonstrating,
by
7
a
preponderance
of
the
evidence,
that
adequate
conditions
of
8
release
will
reasonably
assure
the
personal
safety
of
another
9
person
or
persons.
10
b.
It
shall
be
presumed
that
there
are
not
sufficient
11
sureties
or
conditions
of
release
that
will
secure
the
12
appearance
at
trial
of
an
unauthorized
alien
for
an
indictable
13
offense.
If
a
court
determines
that
there
is
probable
cause
to
14
believe
that
the
defendant
committed
an
indictable
offense
and
15
the
court
further
determines
by
a
preponderance
of
the
evidence
16
that
the
defendant
is
an
unauthorized
alien,
the
prosecuting
17
attorney,
or
the
court
on
its
own
motion,
shall
move
for
18
pretrial
detention.
The
defendant
may
rebut
the
presumption
19
by
demonstrating,
by
a
preponderance
of
the
evidence,
that
20
adequate
conditions
of
release
will
secure
the
appearance
of
21
the
defendant
at
trial.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
qualifications
for
certain
rights
26
and
privileges
prescribed
by
this
state,
including
state
27
employment,
professional
licensure,
voter
registration,
and
28
bail.
29
DIVISION
I
——
IMMIGRATION
STATUS
——
STATE
EMPLOYMENT
AND
30
LICENSURE.
The
bill
requires
each
head
of
a
department
or
31
independent
agency
of
this
state,
as
well
as
the
state
board
32
of
regents
and
each
regents
institution,
to
use
the
e-verify
33
system
of
the
U.S.
citizenship
and
immigration
services
to
34
confirm
the
employment
eligibility
of
newly
hired
employees.
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The
bill
creates
within
the
department
of
inspections,
1
appeals,
and
licensing
a
clearinghouse
to
process
requests
2
to
verify,
using
the
systematic
alien
verification
for
3
entitlements
system
of
the
U.S.
department
of
homeland
security
4
and
the
U.S.
citizenship
and
immigration
services
(SAVE
5
program),
the
United
States
citizenship
and
immigration
status
6
of
individuals
who
have
applied
for
a
professional
license
7
in
this
state.
The
bill
requires
professional
licensing
8
boards
to
use
the
SAVE
program
clearinghouse
to
verify
the
9
U.S.
citizenship
and
immigration
status
of
an
individual
who
10
has
applied
for
a
professional
license
from
the
board
and
to
11
decline
to
issue
or
renew
a
license
if
the
licensing
board
is
12
unable
to
verify
that
the
person
is
lawfully
present
in
the
13
United
States.
The
bill
requires
the
denial
of
an
application
14
for
a
professional
license
due
to
the
results
of
the
SAVE
15
program
clearinghouse
check
to
be
appealed
to
the
director
of
16
the
department
of
inspections,
appeals,
and
licensing,
and
17
the
decision
of
the
director
shall
constitute
a
final
agency
18
action.
19
The
bill
also
requires
a
licensing
board
established
20
after
January
1,
1978,
to
adopt
rules
for
the
revocation
or
21
suspension
of
a
license
that
the
licensing
board
deems
to
be
22
a
professional
license
if
the
licensee
is
unlawfully
present
23
in
the
United
States,
as
determined
by
using
the
SAVE
program
24
clearinghouse.
25
DIVISION
II
——
VOTER
REGISTRATION
——
UNAUTHORIZED
ALIENS.
26
The
bill
disqualifies
persons
who
are
unauthorized
aliens,
27
defined
in
the
bill
as
persons
who
are
unlawfully
present
in
28
the
United
States
under
the
federal
Immigration
and
Nationality
29
Act,
from
registering
to
vote
and
from
voting.
The
bill
30
requires
a
person
submitting
a
voter
registration
form
to
swear
31
an
oath
to
protect
and
defend
the
constitutions
of
the
United
32
States
and
of
Iowa,
that
the
person
is
qualified
to
register
to
33
vote,
and
that
the
person
has
not
submitted
false
information
34
in
the
voter
registration
form.
A
person
falsely
swearing
this
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oath
is
guilty
of
election
misconduct
in
the
first
degree,
1
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
by
2
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
3
$1,025
but
not
more
than
$10,245.
4
The
bill
provides
that
an
information
or
indictment
for
5
election
misconduct
in
the
first
degree
shall
be
found
within
6
five
years
after
the
commission
of
the
offense.
Under
current
7
law,
an
information
or
indictment
for
election
misconduct
in
8
the
first
degree
must
be
found
within
three
years
after
its
9
commission.
10
DIVISION
III
——
PRETRIAL
DETENTION.
The
bill
provides
that
11
a
charge
for
a
forcible
felony
creates
a
rebuttable
presumption
12
that
the
person
is
dangerous
and
that
there
is
not
a
sufficient
13
surety
or
condition
of
release
that
will
reasonably
assure
14
the
personal
safety
of
another
person
or
persons.
If
a
court
15
determines
that
there
is
probable
cause
to
believe
that
the
16
defendant
committed
a
forcible
felony,
then
the
defendant
shall
17
be
detained
without
bail.
The
prosecuting
attorney,
or
the
18
court
on
its
own
motion,
must
move
for
pretrial
detention.
19
The
defendant
may
rebut
the
presumption
by
demonstrating,
by
20
a
preponderance
of
the
evidence,
that
adequate
conditions
of
21
release
will
reasonably
assure
the
personal
safety
of
another
22
person
or
persons.
23
The
bill
also
provides
that
it
shall
be
presumed
that
there
24
are
not
sufficient
sureties
or
conditions
of
release
that
25
will
secure
the
appearance
at
trial
of
an
unauthorized
alien
26
for
an
indictable
offense.
If
a
court
determines
that
there
27
is
probable
cause
to
believe
that
the
defendant
committed
28
an
indictable
offense
and
the
court
further
determines
by
29
a
preponderance
of
the
evidence
that
the
defendant
is
an
30
unauthorized
alien,
the
prosecuting
attorney,
or
the
court
31
on
its
own
motion,
shall
move
for
pretrial
detention.
The
32
defendant
may
rebut
the
presumption
by
demonstrating,
by
a
33
preponderance
of
the
evidence,
that
adequate
conditions
of
34
release
will
secure
the
appearance
of
the
defendant
at
trial.
35
-7-
LSB
5716HV
(1)
91
ss/ns
7/
7