Read the full stored bill text
House
File
926
-
Introduced
HOUSE
FILE
926
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
669)
A
BILL
FOR
An
Act
relating
to
the
expungement
of
certain
criminal
history
1
records
of
victims
of
human
trafficking,
and
including
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
710A.8
Expungement
of
criminal
1
history
records
——
human
trafficking
victims.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires,
“official
documentation”
means
documentation
issued
by
4
a
federal,
state,
or
local
office,
agency,
or
department
that
5
provides
evidence
of
a
person’s
status
as
a
victim.
6
2.
a.
(1)
Except
as
otherwise
provided
in
subsection
9,
a
7
person
may
petition
the
court
for
expungement
of
the
person’s
8
criminal
history
record
resulting
from
the
arrest
or
filing
of
9
a
charge,
without
regard
to
the
disposition
of
the
arrest
or
of
10
the
charge,
for
one
or
more
offenses
committed
or
reported
to
11
have
been
committed
while
the
person
was
a
victim.
12
(2)
A
petition
for
expungement
may
be
filed
by
a
person
13
at
any
time
after
the
date
on
which
the
person
is
no
longer
a
14
victim
or
the
date
on
which
the
person
has
accessed
services
15
for
victims.
The
petition
is
not
required
to
be
filed
in
the
16
court
in
which
the
person’s
criminal
proceedings
originally
17
took
place.
18
b.
A
petition
filed
under
this
section
shall
be
considered
19
complete
only
if
accompanied
by
all
of
the
following:
20
(1)
The
petitioner’s
sworn
statement
attesting
that
the
21
petitioner
is
eligible
for
such
expungement
to
the
best
of
the
22
petitioner’s
knowledge
or
belief.
A
petitioner
who
knowingly
23
provides
false
information
on
the
sworn
statement
commits
a
24
class
“D”
felony,
punishable
as
provided
in
section
720.2.
25
(2)
Official
documentation,
if
available.
26
c.
A
clerk
of
court
shall
not
charge
a
filing
fee,
service
27
charge,
copy
fee,
or
any
other
charge
for
a
petition
filed
28
under
this
section.
29
3.
A
copy
of
a
petition
filed
under
this
section
shall
be
30
served
upon
the
appropriate
county
attorney
or
the
attorney
31
general,
and
the
arresting
law
enforcement
agency.
The
32
county
attorney,
the
attorney
general,
and
the
arresting
law
33
enforcement
agency
may
respond
to
the
court
regarding
the
34
petition.
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4.
a.
The
petitioner
and
the
petitioner’s
attorney
1
may
appear
at
any
court
proceeding
related
to
the
petition
2
telephonically
or
via
remote
video
conference.
3
b.
The
court
shall
allow
a
victim
counselor
from
a
county
4
attorney’s
office
or
from
a
law
enforcement
agency
to
be
5
present
with
the
petitioner
during
any
court
proceeding
related
6
to
the
petition
if
requested
by
the
petitioner
and
if
a
victim
7
counselor
is
available.
8
5.
a.
If
a
petitioner
submits
official
documentation
9
pursuant
to
subsection
2,
paragraph
“b”
,
subparagraph
(2),
it
10
shall
create
a
presumption
that
the
petitioner’s
participation
11
in
the
offense
or
offenses
for
which
expungement
is
sought
was
12
due
to
the
petitioner’s
status
as
a
victim,
and
the
court’s
13
final
determination
of
the
petition
shall
be
by
a
preponderance
14
of
the
evidence.
15
b.
Official
documentation
shall
not
be
required
for
a
court
16
to
grant
a
petition
under
this
section;
however,
a
court’s
17
final
determination
without
official
documentation
shall
be
18
based
on
clear
and
convincing
evidence.
19
6.
a.
Notwithstanding
any
law
to
the
contrary,
a
court
20
may
order
the
expungement
of
the
criminal
history
record
of
a
21
victim
if
the
victim
complies
with
the
requirements
of
this
22
section.
23
b.
If
relief
is
ordered
by
a
court,
the
clerk
of
court
shall
24
certify
a
copy
of
the
court
order
to
the
appropriate
county
25
attorney
or
attorney
general,
the
arresting
law
enforcement
26
agency,
and
any
other
agency
that
court
records
reflect
has
27
received
the
victim’s
criminal
history
record
from
the
court.
28
The
arresting
law
enforcement
agency
shall
forward
the
court
29
order
to
each
agency
to
which
the
arresting
law
enforcement
30
agency
disseminated
the
criminal
history
record
to
which
the
31
court
order
pertains.
The
department
of
public
safety
shall
32
forward
the
court
order
to
the
federal
bureau
of
investigation.
33
7.
a.
A
criminal
history
record
that
is
expunged
under
this
34
section
shall
be
a
confidential
record
and
exempt
from
public
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access
under
section
22.7,
except
that
the
criminal
history
1
record
shall
be
made
available
by
a
clerk
of
district
court
2
upon
court
order.
3
b.
A
criminal
history
record
that
is
expunged
under
this
4
section
that
is
retained
by
the
department
of
public
safety
5
shall
be
a
confidential
record
and
exempt
from
public
access
6
under
section
22.7,
except
that
the
criminal
history
record
7
shall
be
made
available
to
all
of
the
following:
8
(1)
A
criminal
justice
agency,
upon
request.
9
(2)
A
government
agency
that
is
authorized
by
state
or
10
federal
law
to
determine
eligibility
to
purchase
or
possess
a
11
firearm
or
to
carry
a
concealed
firearm
for
use
in
the
course
12
of
the
government
agency’s
official
duties,
upon
request.
13
(3)
Any
other
agency,
upon
court
order.
14
c.
Any
information
that
reveals,
or
that
may
reveal,
the
15
identity
of
a
person
whose
criminal
history
record
has
been
16
expunged
under
this
section
shall
be
a
confidential
record
and
17
exempt
from
public
access
under
section
22.7.
18
d.
Criminal
investigative
data
and
criminal
intelligence
19
data
that
is
confidential
and
exempt
under
paragraphs
“a”
20
through
“c”
may
be
disclosed
by
a
law
enforcement
agency
for
any
21
of
the
following
reasons:
22
(1)
In
furtherance
of
the
law
enforcement
agency’s
official
23
duties
and
responsibilities.
24
(2)
For
print,
publication,
or
broadcast
if
the
law
25
enforcement
agency
determines
that
such
release
will
assist
26
in
locating
or
identifying
a
person
whom
the
agency
believes
27
is
missing
or
endangered.
The
information
provided
shall
be
28
limited
to
only
the
information
necessary
to
identify
or
locate
29
the
missing
or
endangered
person.
30
(3)
To
another
government
agency
in
the
furtherance
of
the
31
government
agency’s
official
duties
and
responsibilities.
32
8.
a.
A
person
who
is
the
subject
of
a
criminal
history
33
record
that
is
expunged
under
this
section
may
lawfully
deny
34
or
fail
to
acknowledge
an
arrest
or
conviction
covered
by
the
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expunged
criminal
history
record,
except
if
the
person
is
a
1
candidate
for
employment
with
a
criminal
justice
agency
or
is
a
2
defendant
in
a
criminal
prosecution.
3
b.
Subject
to
the
exceptions
in
paragraph
“a”
,
a
person
who
4
has
been
granted
an
expungement
of
a
criminal
history
record
5
under
this
section
shall
not
be
held
under
any
law
of
this
6
state
to
have
committed
perjury
or
to
be
otherwise
liable
for
7
providing
a
false
statement
by
reason
of
the
failure
to
recite
8
or
acknowledge
the
criminal
history
record.
9
9.
This
section
shall
not
apply
to
any
of
the
following
10
offenses:
11
a.
Homicide
or
a
related
crime
in
violation
of
chapter
707.
12
b.
Intimidation
with
a
dangerous
weapon
in
violation
of
13
section
708.6.
14
c.
Going
armed
with
intent
in
violation
of
section
708.8.
15
d.
Stalking
in
violation
of
section
708.11,
subsection
3.
16
e.
Sexual
abuse
in
violation
of
chapter
709.
17
f.
Kidnapping
or
related
offenses
in
violation
of
chapter
18
710.
19
g.
Robbery,
aggravated
theft,
or
extortion
in
violation
of
20
chapter
711.
21
h.
Arson
in
violation
of
chapter
712.
22
i.
Burglary
in
the
first
degree
in
violation
of
section
23
713.3.
24
j.
Burglary
in
the
second
degree
in
violation
of
section
25
713.5.
26
k.
Neglect
or
abandonment
of
a
dependent
person
in
violation
27
of
section
726.3.
28
l.
Child
endangerment
in
violation
of
section
726.6.
29
10.
If
a
person
has
been
adjudicated
not
guilty
by
reason
30
of
insanity
or
was
found
to
be
incompetent
to
stand
trial,
31
the
expungement
of
the
person’s
criminal
history
record
shall
32
not
prevent
the
entry
of
the
judgment
in
state
and
national
33
databases
for
use
in
determining
the
person’s
eligibility
to
34
purchase
or
possess
a
firearm
or
to
carry
a
concealed
firearm
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pursuant
to
sections
724.8
and
724.26
and
18
U.S.C.
§922(t),
1
and
shall
not
prevent
any
government
agency
that
is
authorized
2
by
state
or
federal
law
to
determine
the
person’s
eligibility
3
to
purchase
or
possess
a
firearm
or
to
carry
a
concealed
4
firearm
from
accessing
or
using
the
person’s
criminal
history
5
record
during
the
course
of
such
agency’s
official
duties.
6
11.
a.
This
section
shall
not
be
construed
to
confer
any
7
right
to
any
person
to
the
expungement
of
the
person’s
criminal
8
history
record.
9
b.
Any
petition
for
expungement
of
a
criminal
history
record
10
under
this
section
may
be
denied
at
the
discretion
of
the
11
court.
12
12.
The
supreme
court
may
prescribe
rules
governing
the
13
procedures
applicable
to
the
expungement
of
a
criminal
history
14
record
under
this
section.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
is
related
to
the
expungement
of
certain
criminal
19
history
records
(criminal
record)
of
victims
of
human
20
trafficking.
“Human
trafficking”
is
defined
as
participating
21
in
a
venture
to
recruit,
harbor,
transport,
supply
provisions,
22
or
obtain
a
person
for
forced
labor
or
service
that
results
23
in
involuntary
servitude,
peonage,
debt
bondage,
or
slavery;
24
or
for
commercial
sexual
activity
through
the
use
of
force,
25
fraud,
or
coercion,
except
that
if
the
trafficked
person
is
26
under
the
age
of
18,
the
commercial
sexual
activity
need
not
27
involve
force,
fraud,
or
coercion;
and
knowingly
purchasing
28
or
attempting
to
purchase
services
involving
commercial
29
sexual
activity
from
a
victim
or
another
person
engaged
in
30
trafficking.
“Victim”
is
defined
as
a
person
subjected
to
31
human
trafficking.
32
The
bill
permits
a
person
to
petition
the
court
for
33
expungement
of
the
person’s
criminal
record
resulting
from
the
34
arrest
or
filing
of
a
charge,
without
regard
to
the
disposition
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of
the
arrest
or
of
the
charge,
for
an
offense
committed
or
1
reported
to
have
been
committed
while
the
person
was
a
victim.
2
A
petition
for
expungement
(petition)
may
be
filed
any
time
3
after
the
date
on
which
the
person
is
no
longer
a
victim
or
the
4
person
has
accessed
services
for
victims.
5
A
petition
must
include
the
petitioner’s
sworn
statement
6
attesting
that
the
petitioner
is
eligible
for
expungement
and
7
official
documentation,
if
available.
“Official
documentation”
8
is
defined
as
documentation
issued
by
a
federal,
state,
or
9
local
office,
agency,
or
department
that
provides
evidence
of
10
a
person’s
status
as
a
victim.
A
petitioner
who
knowingly
11
provides
false
information
on
the
sworn
statement
commits
a
12
class
“D”
felony,
punishable
as
provided
in
Code
section
720.2.
13
A
copy
of
the
petition
shall
be
served
upon
the
appropriate
14
county
attorney
or
the
attorney
general,
and
the
arresting
law
15
enforcement
agency.
16
A
court’s
final
determination
of
a
petition
shall
be
based
17
on
a
preponderance
of
the
evidence.
If
the
petitioner
submits
18
official
documentation
to
the
court,
the
submission
of
such
19
documentation
creates
a
presumption
that
the
petitioner’s
20
participation
in
the
offense
or
offenses
for
which
expungement
21
is
sought
was
due
to
the
petitioner’s
status
as
a
victim.
22
Official
documentation
shall
not
be
required
for
a
court
to
23
grant
a
petition;
however,
a
final
determination
made
by
the
24
court
without
official
documentation
shall
be
based
on
a
25
showing
of
clear
and
convincing
evidence.
26
Notwithstanding
any
law
to
the
contrary,
a
court
may
order
27
the
expungement
of
the
criminal
record
of
a
victim
if
the
28
victim
complies
with
the
requirements
of
the
bill.
If
relief
29
is
ordered
by
a
court,
the
requirements
for
certification
and
30
distribution
of
copies
of
the
court
order
shall
be
as
provided
31
in
the
bill.
32
Under
the
bill,
a
criminal
record
that
is
expunged
shall
be
33
a
confidential
record
and
exempt
from
public
access
under
Code
34
section
22.7,
except
as
detailed
in
the
bill.
Any
information
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that
reveals,
or
that
may
reveal,
the
identity
of
a
person
1
whose
criminal
record
has
been
expunged
shall
be
a
confidential
2
record
and
exempt
from
public
access
under
Code
section
22.7.
3
Criminal
investigative
data
and
criminal
intelligence
data
that
4
is
confidential
and
exempt
under
the
bill
may
be
disclosed
by
a
5
law
enforcement
agency
for
the
reasons
detailed
in
the
bill.
6
A
person
who
is
the
subject
of
a
criminal
record
that
is
7
expunged
may
lawfully
deny
or
fail
to
acknowledge
an
arrest
8
or
conviction
covered
by
the
expunged
criminal
record,
except
9
if
the
person
is
a
candidate
for
employment
with
a
criminal
10
justice
agency
or
is
a
defendant
in
a
criminal
prosecution.
11
Subject
to
those
exceptions,
a
person
who
has
been
granted
an
12
expungement
shall
not
be
held
under
any
law
of
this
state
to
13
have
committed
perjury
or
to
be
otherwise
liable
for
providing
14
a
false
statement
by
reason
of
the
person’s
failure
to
recite
15
or
acknowledge
the
criminal
record.
16
The
bill
does
not
apply
to
certain
criminal
offenses
as
17
detailed
in
the
bill.
If
a
person
was
adjudicated
not
guilty
18
by
reason
of
insanity
or
was
found
to
be
incompetent
to
stand
19
trial,
expungement
of
the
person’s
criminal
record
shall
20
not
prevent
the
entry
of
the
judgment
in
state
and
national
21
databases
for
use
in
determining
the
person’s
eligibility
to
22
purchase
or
possess
a
firearm
or
to
carry
a
concealed
firearm
23
pursuant
to
Code
sections
724.8
and
724.26
and
18
U.S.C.
24
§922(t),
and
shall
not
prevent
any
government
agency
that
is
25
authorized
by
state
or
federal
law
to
determine
the
person’s
26
eligibility
to
purchase
or
possess
a
firearm
or
to
carry
a
27
concealed
firearm
from
accessing
or
using
the
person’s
criminal
28
record
during
the
course
of
the
agency’s
official
duties.
29
The
bill
shall
not
be
construed
to
confer
any
right
to
a
30
person
to
the
expungement
of
the
person’s
criminal
record.
Any
31
petition
for
expungement
of
a
person’s
criminal
record
under
32
the
bill
may
be
denied
at
the
discretion
of
the
court.
33
The
bill
provides
that
the
supreme
court
may
prescribe
rules
34
governing
the
procedures
applicable
to
the
expungement
of
a
35
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criminal
record
under
the
bill.
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