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Senate
File
2218
-
Enrolled
Senate
File
2218
AN
ACT
RELATING
TO
STATE
REGULATORY
COMPLIANCE
AND
ELIGIBILITY
REQUIREMENTS,
INCLUDING
BY
MODIFYING
PROVISIONS
RELATED
TO
THE
VERIFICATION
OF
THE
IDENTITY
AND
EMPLOYMENT
ELIGIBILITY
OF
INDIVIDUALS
BY
THE
BOARD
OF
EDUCATIONAL
EXAMINERS,
SCHOOL
DISTRICTS,
ACCREDITED
NONPUBLIC
SCHOOLS,
CHARTER
SCHOOLS,
AND
INNOVATION
ZONE
SCHOOLS;
THE
PROVISION
OF
A
FALSE
SOCIAL
SECURITY
NUMBER
TO
AN
EMPLOYER,
PROSPECTIVE
EMPLOYER,
OR
A
POTENTIAL
EMPLOYEE;
QUALIFICATIONS
FOR
EMPLOYMENT,
PROFESSIONAL
LICENSURE,
VOTER
REGISTRATION,
AND
BAIL;
MAKING
PENALTIES
APPLICABLE;
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
EDUCATION-RELATED
PROVISIONS
Section
1.
Section
256.146,
subsection
16,
Code
2026,
is
amended
to
read
as
follows:
16.
a.
Adopt
rules
to
require
that
a
background
investigation
be
conducted
by
the
division
of
criminal
investigation
of
the
department
of
public
safety
on
all
initial
applicants
for
licensure.
The
board
shall
also
require
all
initial
applicants
to
submit
a
completed
fingerprint
packet
and
shall
use
the
packet
to
facilitate
a
national
criminal
history
background
check.
b.
The
board
shall
have
access
to,
and
shall
review
the
sex
offender
registry
information
under
section
692A.121
Senate
File
2218,
p.
2
available
to
the
general
public,
information
in
the
Iowa
court
information
system
available
to
the
general
public,
the
central
registry
for
child
abuse
information
established
under
chapter
235A
,
and
the
dependent
adult
abuse
records
maintained
under
chapter
235B
for
information
regarding
applicants
for
license
renewal
and,
every
five
years,
for
practitioners
who
are
not
subject
to
renewal
requirements
pursuant
to
subsection
1
,
paragraph
“a”
,
subparagraph
(2).
The
board
may
charge
such
a
practitioner
who
is
not
subject
to
renewal
requirements
a
reasonable
fee
for
the
review
of
the
sex
offender
registry
information,
information
in
the
Iowa
court
information
system,
the
central
registry
for
child
abuse
information,
and
the
dependent
adult
abuse
records.
c.
(1)
The
board
shall
require
all
initial
applicants
for
licensure,
including
individuals
who
apply
for
a
license
under
section
256.152,
and
all
applicants
for
license
renewal,
to
produce
evidence
of
the
applicant’s
legal
authorization
to
work
in
the
United
States
as
a
condition
of
initial
licensure
or
license
renewal.
The
board
shall
accept
as
proof
of
an
applicant’s
legal
authorization
to
work
in
the
United
States
any
of
the
following:
(a)
A
document
that
establishes
both
employment
authorization
and
identity,
as
described
in
8
U.S.C.
§1324a(b)(1)(B).
(b)
A
document
that
evidences
employment
authorization,
as
described
in
8
U.S.C.
§1324a(b)(1)(C),
and
a
document
that
establishes
the
identity
of
the
applicant,
as
described
in
8
U.S.C.
§1324a(b)(1)(D).
(2)
The
board
shall
require
all
practitioners
who
are
not
subject
to
renewal
requirements
pursuant
to
subsection
1,
paragraph
“a”
,
subparagraph
(2),
to
produce
evidence
of
the
practitioner’s
legal
authorization
to
work
in
the
United
States
every
five
years
as
a
condition
of
remaining
licensed.
The
board
shall
accept
as
proof
of
a
practitioner’s
legal
authorization
to
work
in
the
United
States
any
of
the
following:
(a)
A
document
that
establishes
both
employment
authorization
and
identity,
as
described
in
8
U.S.C.
§1324a(b)(1)(B).
Senate
File
2218,
p.
3
(b)
A
document
that
evidences
employment
authorization,
as
described
in
8
U.S.C.
§1324a(b)(1)(C),
and
a
document
that
establishes
the
identity
of
the
practitioner,
as
described
in
8
U.S.C.
§1324a(b)(1)(D).
Sec.
2.
APPLICABILITY.
The
following
applies
to
all
applications
for
initial
licensure,
and
all
applications
for
license
renewal,
that
are
submitted
to
the
board
of
educational
examiners
on
or
after
the
effective
date
of
this
division
of
this
Act:
The
section
of
this
division
of
this
Act
amending
section
256.146.
DIVISION
II
PROVIDING
FALSE
SOCIAL
SECURITY
NUMBERS
——
PENALTIES
Sec.
3.
NEW
SECTION
.
91F.1
Definitions.
As
used
in
this
chapter
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
workforce
development.
2.
“Employer”
means
a
person
who
employs
an
employee
in
this
state
for
wages.
Sec.
4.
NEW
SECTION
.
91F.2
Employment
of
persons
with
false
social
security
numbers
prohibited.
An
employer
shall
not
hire
or
continue
to
employ
an
employee
who
the
employer
knows
to
have
provided
the
employer
with
a
social
security
number
on
any
documentation
for
employment
that
does
not
belong
to
the
employee.
Sec.
5.
NEW
SECTION
.
91F.3
Enforcement
——
penalties.
1.
The
department
shall
enforce
this
chapter.
2.
An
employer
who
violates
section
91F.2
shall
be
subject
to
a
civil
penalty
of
ten
thousand
dollars
to
be
collected
by
the
department.
3.
For
a
fourth
or
subsequent
violation
of
subsection
91F.2,
in
addition
to
the
civil
penalty
provided
in
subsection
1,
an
employer
shall
cease
operations
at
the
location
where
the
violation
occurred
until
any
individual
who
holds
a
majority
ownership
interest
in
the
employer,
and
all
managerial
staff
at
the
location,
participate
in
training
developed
by
the
department
regarding
compliance
with
this
chapter.
Sec.
6.
Section
714.8,
Code
2026,
is
amended
by
adding
the
Senate
File
2218,
p.
4
following
new
subsections:
NEW
SUBSECTION
.
23.
For
the
purpose
of
retaining
or
obtaining
employment,
or
any
other
thing
of
value,
falsely
provides
the
employer
or
prospective
employer
with
a
social
security
number
that
does
not
belong
to
that
person.
NEW
SUBSECTION
.
24.
An
employer
knowingly
providing
a
potential
employee
with
a
fraudulent
social
security
number
for
the
purpose
of
hiring
the
potential
employee.
DIVISION
III
IMMIGRATION
STATUS
——
EMPLOYMENT
AND
LICENSURE
Sec.
7.
Section
2.11,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
a.
Each
house
of
the
general
assembly
shall
use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
b.
An
employee
may
challenge
the
results
of
the
submission
of
the
employee’s
information
to
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
by
submitting
a
challenge,
including
documentation
proving
that
the
results
are
incorrect,
to
the
legislative
council
within
ten
calendar
days
of
receipt
of
the
results.
The
legislative
council
shall
review
the
challenge
and
communicate
the
results
of
the
appeal
to
the
employee
and
the
appropriate
house
of
the
general
assembly
as
soon
as
practicable.
c.
Each
house
of
the
general
assembly
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
paragraph
“b”
,
if
applicable.
Sec.
8.
Section
2A.2,
subsection
2,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0i.
(1)
Use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
(2)
An
employee
may
challenge
the
results
of
the
submission
of
the
employee’s
information
to
the
e-verify
system
of
Senate
File
2218,
p.
5
the
United
States
citizenship
and
immigration
services
by
submitting
a
challenge,
including
documentation
proving
that
the
results
are
incorrect,
to
the
legislative
council
within
ten
calendar
days
of
receipt
of
the
results.
The
legislative
council
shall
review
the
challenge
and
communicate
the
results
of
the
appeal
to
the
employee
and
the
director
as
soon
as
practicable.
(3)
The
director
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
subparagraph
(2),
if
applicable.
Sec.
9.
Section
2C.4,
Code
2026,
is
amended
to
read
as
follows:
2C.4
Citizen
of
United
States
and
resident
of
Iowa.
1.
The
ombudsman
shall
be
a
citizen
of
the
United
States
and
a
resident
of
the
state
of
Iowa,
and
shall
be
qualified
to
analyze
problems
of
law,
administration,
and
public
policy.
2.
a.
The
ombudsman
shall
use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
b.
An
employee
may
challenge
the
results
of
the
submission
of
the
employee’s
information
to
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
by
submitting
a
challenge,
including
documentation
proving
that
the
results
are
incorrect,
to
the
legislative
council
within
ten
calendar
days
of
receipt
of
the
results.
The
legislative
council
shall
review
the
challenge
and
communicate
the
results
of
the
appeal
to
the
employee
and
the
ombudsman
as
soon
as
practicable.
c.
The
ombudsman
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
paragraph
“b”
,
if
applicable.
Senate
File
2218,
p.
6
Sec.
10.
Section
7E.3,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
Verification
of
United
States
citizenship
and
immigration
status.
Use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
The
head
of
the
department
or
agency
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
section
10A.114,
if
applicable.
Sec.
11.
Section
10A.101,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
“SAVE
program”
means
the
systematic
alien
verification
for
entitlements
system
of
the
United
States
department
of
homeland
security
and
the
United
States
citizenship
and
immigration
services.
Sec.
12.
NEW
SECTION
.
10A.113
SAVE
program
clearinghouse.
1.
There
is
created
within
the
department
a
SAVE
program
clearinghouse,
which
shall
serve
as
the
central
entity
to
process
requests
to
verify,
using
the
SAVE
program,
the
United
States
citizenship
and
immigration
status
of
an
individual
who
has
applied
for
a
professional
license
in
this
state.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
section.
2.
The
department
shall
transmit
the
results
of
a
SAVE
program
clearinghouse
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
section
10A.114,
if
applicable.
Sec.
13.
NEW
SECTION
.
10A.114
Citizenship
and
immigration
status
——
appeal.
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
allow
an
employee
of
a
school
district,
an
accredited
nonpublic
school,
a
charter
school,
an
innovation
zone
school,
Senate
File
2218,
p.
7
a
city,
a
county,
or
the
executive
branch
including
the
state
board
of
regents
and
each
institution
of
higher
education
governed
by
the
board,
or
a
person
who
has
applied
for
a
professional
license
in
this
state,
to
challenge
the
results
of
the
submission
of
the
person’s
information
to
the
SAVE
program
or
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
with
the
department.
2.
A
person
must
submit
a
challenge
pursuant
to
subsection
1
and
documentation
proving
that
the
results
are
incorrect
within
ten
calendar
days
of
receipt
of
the
results.
3.
The
department
shall
review
a
challenge
submitted
pursuant
to
subsection
1
and
communicate
the
results
of
the
appeal
to
the
person
who
submitted
the
challenge
and
the
hiring
authority
or
licensing
board,
as
applicable,
within
seven
calendar
days
of
receipt
of
the
challenge.
The
decision
of
the
department
is
final
agency
action
pursuant
to
chapter
17A.
Sec.
14.
Section
10A.506,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
13.
a.
The
licensing
and
regulation
examining
boards
included
in
the
department
pursuant
to
subsection
1
shall
use
the
SAVE
program
clearinghouse
created
within
the
department
pursuant
to
section
10A.113
to
verify
the
United
States
citizenship
and
immigration
status
of
an
individual
who
has
applied
for
a
professional
license
from
the
board.
b.
A
denial
of
an
application
for
a
professional
license
due
to
the
results
of
the
SAVE
program
clearinghouse
check
shall
be
appealed
to
the
director
and
the
director’s
decision
shall
constitute
final
agency
action.
Sec.
15.
Section
256E.7,
subsection
2,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0w.
Be
subject
to
and
comply
with
the
requirements
of
section
280.37
relating
to
the
verification
of
the
employment
eligibility
of
newly
hired
employees
in
the
same
manner
as
a
school
district.
Sec.
16.
Section
256F.4,
subsection
2,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
v.
Be
subject
to
and
comply
with
the
requirements
of
section
280.37
relating
to
the
verification
of
Senate
File
2218,
p.
8
the
employment
eligibility
of
newly
hired
employees
in
the
same
manner
as
a
school
district.
Sec.
17.
NEW
SECTION
.
262.9E
Verification
of
citizenship
and
immigration
status.
1.
The
state
board
of
regents
and
each
institution
of
higher
education
governed
by
the
board
shall
use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
2.
The
state
board
of
regents
and
each
institution
of
higher
education
governed
by
the
board
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
section
10A.114,
if
applicable.
Sec.
18.
Section
272C.1,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
11.
“SAVE
program
clearinghouse”
means
the
SAVE
program
clearinghouse
created
within
the
department
of
inspections,
appeals,
and
licensing
pursuant
to
section
10A.113.
Sec.
19.
Section
272C.4,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
11.
Use
the
SAVE
program
clearinghouse
to
confirm
the
United
States
citizenship
and
immigration
status
of
an
individual
who
has
applied
for
a
professional
license
from
the
board.
Sec.
20.
Section
272C.10,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9.
For
a
license
deemed
a
professional
license
by
the
licensing
board,
unlawful
presence
in
the
United
States,
as
determined
by
using
the
SAVE
program
clearinghouse.
Sec.
21.
NEW
SECTION
.
272C.15A
Disqualifications
for
unlawful
presence.
A
licensing
board
established
after
January
1,
1978,
and
pursuant
to
the
provisions
of
this
chapter,
shall
not
issue
or
renew
a
professional
license
to
an
individual
who
the
licensing
board
is
unable
to
verify
is
lawfully
present
in
the
United
Senate
File
2218,
p.
9
States,
as
determined
by
using
the
SAVE
program
clearinghouse.
Sec.
22.
NEW
SECTION
.
280.37
Verification
of
citizenship
and
immigration
status.
1.
The
board
of
directors
of
each
school
district
and
the
authorities
in
charge
of
each
accredited
nonpublic
school
shall
use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
2.
The
board
of
directors
of
each
school
district
and
the
authorities
in
charge
of
each
accredited
nonpublic
school
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
section
10A.114,
if
applicable.
Sec.
23.
Section
331.324,
subsection
1,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0p.
Use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
The
board
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
section
10A.114,
if
applicable.
Sec.
24.
NEW
SECTION
.
364.26
Verification
of
citizenship
and
immigration
status.
A
city
shall
use
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services
to
confirm
the
employment
eligibility
of
newly
hired
employees.
A
city
shall
transmit
the
results
of
the
e-verify
system
check
to
the
United
States
immigration
and
customs
enforcement
and
other
appropriate
federal
immigration
agencies
if
the
check
shows
that
the
subject
of
the
check
does
not
have
legal
status
to
be
present
in
the
United
States
after
the
completion
of
an
appeal
pursuant
to
section
10A.114,
if
applicable.
DIVISION
IV
Senate
File
2218,
p.
10
VOTER
REGISTRATION
——
UNAUTHORIZED
ALIENS
Sec.
25.
Section
39A.2,
subsection
1,
paragraph
a,
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
(2)
Falsely
swears
to
an
oath
required
pursuant
to
section
48A.7A
or
48A.11
.
Sec.
26.
Section
48A.2,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“Unauthorized
alien”
means
a
person
who
is
unlawfully
present
in
the
United
States
under
the
federal
Immigration
and
Nationality
Act,
8
U.S.C.
§1101
et
seq.,
as
modified
by
applicable
federal
statutes,
rules,
and
regulations.
Sec.
27.
Section
48A.6,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
A
person
who
is
an
unauthorized
alien.
Sec.
28.
Section
48A.11,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9.
Each
voter
registration
form
shall
include
the
following
oath:
By
submitting
this
form,
I
do
solemnly
swear
and
affirm
that
I
am
qualified
to
register
to
vote
under
the
Constitution
and
laws
of
the
State
of
Iowa,
and
that
all
information
provided
in
my
voter
registration
application
is
true.
I
have
carefully
reviewed
the
instructions
for
completing
the
Iowa
voter
registration
application,
and
I
further
swear
or
affirm
that
I
am
a
United
States
citizen.
I
understand
that
if
I
have
provided
false
information
on
my
voter
registration
application
that
I
could
be
subject
to
criminal
penalties
for
perjury
and
that
I
may
be
fined,
imprisoned,
or,
if
not
a
United
States
citizen,
deported
from
or
refused
entry
into
the
United
States.
Sec.
29.
NEW
SECTION
.
48A.25B
Verification
of
citizenship.
1.
a.
The
state
registrar
of
voters
shall
attempt
to
verify
all
registered
voters’
United
States
citizenship
using
the
systematic
alien
verification
for
entitlements
system
of
the
United
States
citizenship
and
immigration
services,
or
its
successor
agency.
The
state
registrar
of
voters
shall
provide
notice
to
each
county
commissioner
of
registration
of
the
results
of
the
citizenship
verification
for
each
registrant
in
the
county
commissioner’s
county.
Senate
File
2218,
p.
11
b.
Upon
receipt
of
a
notification
that
a
registrant
has
not
been
verified
as
a
United
States
citizen,
a
county
commissioner
of
registration
shall
designate
the
records
of
the
registrant
as
unconfirmed
as
provided
in
section
48A.37,
subsection
2.
2.
A
county
commissioner
of
registration
shall
send
notice
to
a
registrant
whose
record
has
been
designated
as
unconfirmed
pursuant
to
subsection
1
that
includes
all
of
the
following:
a.
An
opportunity
for
the
registrant
to
cancel
the
registrant’s
voter
registration.
b.
Instructions
on
how
the
registrant
can
provide
proof
of
citizenship
to
the
county
commissioner
of
registration.
c.
Information
on
how
to
contact
the
United
States
citizenship
and
immigration
services,
or
its
successor
agency,
to
correct
information
that
the
registrant
believes
is
inaccurate.
3.
A
registration
that
has
been
designated
as
unconfirmed
pursuant
to
subsection
1
shall
be
canceled
pursuant
to
section
48A.30
if
the
registrant
does
not
provide
proof
of
citizenship
within
ninety
days
of
receiving
a
notice
sent
pursuant
to
subsection
2.
4.
The
state
registrar
of
voters
shall,
on
a
monthly
basis,
verify
the
United
States
citizenship
of
all
newly
registered
voters
as
provided
in
subsection
1
and
shall,
on
an
annual
basis,
verify
the
United
States
citizenship
of
all
registered
voters
as
provided
in
subsection
1.
5.
The
state
registrar
of
voters
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
30.
NEW
SECTION
.
802.2H
Election
misconduct
in
the
first
degree.
An
information
or
indictment
for
election
misconduct
in
the
first
degree
in
violation
of
section
39A.2
shall
be
found
within
five
years
after
the
commission
of
the
offense.
Sec.
31.
Section
802.3,
Code
2026,
is
amended
to
read
as
follows:
802.3
Felony
——
aggravated
or
serious
misdemeanor.
In
all
cases,
except
those
enumerated
in
section
802.1
,
802.2
,
802.2A
,
802.2B
,
802.2C
,
802.2D
,
802.2E
,
802.2F
,
802.2G
,
802.2H,
or
802.10
,
an
indictment
or
information
for
a
felony
or
aggravated
or
serious
misdemeanor
shall
be
found
within
three
Senate
File
2218,
p.
12
years
after
its
commission.
DIVISION
V
PRETRIAL
DETENTION
Sec.
32.
Section
811.1,
subsection
1,
Code
2026,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
0d.
“Forcible
felony”
means
the
same
as
defined
in
section
702.11.
NEW
PARAGRAPH
.
00d.
“Indictable
offense”
means
the
same
as
defined
in
section
801.4.
NEW
PARAGRAPH
.
e.
“Unauthorized
alien”
means
a
person
who
is
unlawfully
present
in
the
United
States
according
to
the
terms
of
the
federal
Immigration
and
Nationality
Act,
8
U.S.C.
§1101
et
seq.
“Unauthorized
alien”
shall
be
interpreted
consistently
with
any
applicable
federal
statutes,
rules,
or
regulations.
Sec.
33.
Section
811.1,
subsection
2,
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
All
Except
as
provided
in
subsection
3,
all
defendants
are
bailable
both
before
and
after
conviction,
by
sufficient
surety,
or
subject
to
release
upon
condition
or
on
their
own
recognizance,
except
that
the
following
defendants
shall
not
be
admitted
to
bail:
Sec.
34.
Section
811.1,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
a.
Notwithstanding
subsection
2,
all
defendants
are
bailable
before
conviction,
by
sufficient
surety,
or
subject
to
release
upon
conditions
or
on
their
own
recognizance,
except
when
the
offense
is
for
a
forcible
felony.
A
charge
for
a
forcible
felony
creates
a
rebuttable
presumption
that
the
person
is
dangerous
and
that
there
is
not
a
sufficient
surety
or
condition
of
release
that
will
reasonably
assure
the
personal
safety
of
another
person
or
persons.
If
a
court
determines
that
there
is
probable
cause
to
believe
that
the
defendant
committed
a
forcible
felony,
then
the
defendant
shall
be
detained
without
bail.
The
prosecuting
attorney,
or
the
court
on
its
own
motion,
must
move
for
pretrial
detention.
The
defendant
may
rebut
the
presumption
by
demonstrating,
by
a
preponderance
of
the
evidence,
that
adequate
conditions
of
release
will
reasonably
assure
the
personal
safety
of
another
Senate
File
2218,
p.
13
person
or
persons.
b.
It
shall
be
presumed
that
there
are
not
sufficient
sureties
or
conditions
of
release
that
will
secure
the
appearance
at
trial
of
an
unauthorized
alien
for
an
indictable
offense.
If
a
court
determines
that
there
is
probable
cause
to
believe
that
the
defendant
committed
an
indictable
offense
and
the
court
further
determines
by
a
preponderance
of
the
evidence
that
the
defendant
is
an
unauthorized
alien,
the
prosecuting
attorney,
or
the
court
on
its
own
motion,
shall
move
for
pretrial
detention.
The
defendant
may
rebut
the
presumption
by
demonstrating,
by
a
preponderance
of
the
evidence,
that
adequate
conditions
of
release
will
secure
the
appearance
of
the
defendant
at
trial.
DIVISION
VI
SEVERABILITY
Sec.
35.
SEVERABILITY
AND
CONTINGENT
IMPLEMENTATION.
1.
If
any
provision
of
this
Act
or
its
application
to
any
person
or
circumstance
is
held
invalid
by
a
court
of
competent
jurisdiction,
the
invalidity
does
not
affect
other
provisions
or
applications
of
this
Act
which
can
be
given
effect
without
the
invalid
provision
or
application.
To
this
end,
the
provisions
of
this
Act
are
severable.
2.
Notwithstanding
subsection
1,
if
any
provision
of
division
III
of
this
Act
relating
to
employment
and
professional
licensure
verification
is
held
invalid,
the
remaining
provisions
of
division
III
shall
continue
in
effect.
The
invalidation
of
provisions
in
division
I
or
II
of
this
Act
shall
not
affect
the
validity
or
enforceability
of
any
provision
in
division
III.
3.
a.
The
requirements
of
this
Act
shall
be
suspended
during
any
of
the
following
periods
in
which
the
federal
government:
(1)
Does
not
provide
this
state
or
its
political
subdivisions
access
to
the
e-verify
system
of
the
United
States
citizenship
and
immigration
services.
(2)
Does
not
provide
this
state
access
to
the
systematic
alien
verification
for
entitlements
system
of
the
United
States
department
of
homeland
security
and
the
United
States
citizenship
and
immigration
services.
Senate
File
2218,
p.
14
(3)
Ceases
to
fund
or
operate
the
e-verify
system
or
the
systematic
alien
verification
for
entitlements
system.
(4)
Terminates
any
memorandum
of
understanding,
intergovernmental
service
agreement,
or
other
authorization
that
permits
this
state
to
access
such
federal
verification
systems.
b.
Upon
restoration
of
access
to
such
federal
verification
systems,
the
requirements
of
this
Act
shall
resume
effect
automatically
without
further
legislative
action.
c.
During
any
period
of
suspension
under
this
subsection,
no
state
or
local
government
entity,
or
employee
thereof,
shall
be
subject
to
civil
or
criminal
liability
for
noncompliance
with
the
suspended
requirements
of
this
Act.
4.
If
any
provision
of
this
Act
requiring
transmission
of
information
to
federal
immigration
enforcement
agencies
is
held
invalid,
such
invalidity
shall
not
affect
any
of
the
following:
a.
The
requirement
to
conduct
employment
eligibility
verification
using
the
e-verify
system.
b.
The
requirement
to
conduct
citizenship
and
immigration
status
verification
using
the
systematic
alien
verification
for
entitlements
system.
c.
The
appeal
process
established
in
section
10A.114,
as
enacted
by
division
III
of
this
Act,
which
shall
remain
in
effect
for
challenges
to
verification
results.
d.
Any
other
provision
of
this
Act
not
dependent
upon
such
information
transmission.
5.
a.
If
any
provision
of
this
Act
is
enjoined
by
a
federal
court,
and
such
injunction
creates
a
conflict
between
the
federal
court
order
and
state
law
requirements
for
political
subdivisions,
including
cities,
counties,
or
school
districts,
the
injunction
shall
suspend
the
conflicting
state
law
requirements
for
such
entities
during
the
pendency
of
the
injunction.
b.
No
political
subdivision,
including
a
city,
county,
or
school
district,
or
employee
thereof,
shall
be
subject
to
civil
or
criminal
penalty
under
state
law
for
compliance
with
a
federal
court
injunction
that
conflicts
with
requirements
of
this
Act.
c.
If
a
federal
court
enjoins
specific
provisions
of
Senate
File
2218,
p.
15
this
Act
that
are
applicable
to
political
subdivisions
while
leaving
state
agency
requirements
in
effect,
the
state
agency
requirements
shall
continue
to
operate
independently.
6.
Each
division
of
this
Act
shall
be
construed
as
independent
legislation.
The
invalidation
of
any
provision
in
division
II
or
division
III
shall
not
affect
the
validity,
implementation,
or
enforcement
of
any
provision
in
division
I.
The
invalidation
of
division
I
shall
not
affect
divisions
II
or
III.
The
invalidation
of
division
II
shall
not
affect
division
I
or
III.
7.
If
any
aspect
of
the
appeal
process
established
in
section
10A.114,
as
enacted
by
division
III
of
this
Act,
is
held
invalid,
the
remaining
procedural
protections
shall
continue
in
effect.
If
the
timeline
established
in
section
10A.114
is
held
invalid,
challenges
shall
be
processed
under
the
default
administrative
procedures
of
chapter
17A
until
alternative
procedures
are
established
by
rule.
8.
Courts
shall
construe
any
invalidity
as
narrowly
as
possible
to
preserve
maximum
effect
for
the
remaining
valid
provisions.
No
provision
shall
be
held
invalid
based
solely
on
its
association
with
invalid
provisions
if
it
can
operate
independently.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2218,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor