Bill Text: IA SSB1017 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the penalty for public employees and public officials taking money from a public employer.
Spectrum: Committee Bill
Status: (Introduced) 2023-01-10 - Subcommittee reassigned: Schultz, Bisignano, and Evans. [SSB1017 Detail]
Download: Iowa-2023-SSB1017-Introduced.html
Senate
Study
Bill
1017
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
AUDITOR
OF
STATE
BILL)
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
TLSB
1148DP
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90
as/rh
S.F.
_____
H.F.
_____
Section
1.
Section
907.3,
subsection
1,
paragraph
a,
Code
1
2023,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(15)
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
2023,
7
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(9)
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
2023,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
h.
The
defendant
was
a
public
employee
15
or
public
official
at
the
time
of
the
offense
and
the
amount
16
taken
by
the
defendant
from
the
public
employer
exceeded
ten
17
thousand
dollars
unless
the
defendant
establishes,
by
clear
18
and
convincing
evidence,
and
the
sentencing
court
finds
and
19
states
specifically
on
the
record,
the
existence
of
mitigating
20
circumstances
warranting
a
departure
from
the
otherwise
21
applicable
mandatory
term
of
incarceration.
22
Sec.
4.
Section
907.3,
Code
2023,
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
-1-
LSB
1148DP
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90
as/rh
1/
2
S.F.
_____
H.F.
_____
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
prohibits
a
sentencing
court
from
deferring
2
the
judgment
or
deferring
the
sentence
of
a
defendant
if
the
3
defendant
was
a
public
employee
or
public
official
at
the
time
4
of
the
offense
and
the
amount
of
money
taken
by
the
public
5
employee
or
public
official
in
connection
with
the
offense
6
exceeded
$10,000.
7
The
bill
prohibits
a
sentencing
court
from
suspending
8
the
sentence
of
a
defendant
if
the
defendant
was
a
public
9
employee
or
public
official
at
the
time
of
the
offense
and
10
the
amount
of
money
taken
by
the
public
employee
or
public
11
official
in
connection
with
the
offense
exceeded
$10,000
unless
12
the
defendant
establishes,
by
clear
and
convincing
evidence,
13
and
the
sentencing
court
finds
and
states
specifically
on
14
the
record,
that
mitigating
circumstances
exist
warranting
15
a
departure
from
the
otherwise
mandatory
minimum
term
of
16
incarceration.
17
The
bill
defines
“public
employee”
as
any
individual
18
employed
by
a
public
employer
and
includes
a
contractor
19
or
vendor,
“public
employer”
as
the
state,
its
boards,
20
commissions,
agencies,
and
departments,
and
its
political
21
subdivisions
including
school
districts
and
other
special
22
purpose
districts,
and
“public
official”
as
officials,
local
23
officials,
and
members
of
the
general
assembly
(as
defined
in
24
Code
section
68B.2).
25
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2
