Bill Summary – FastDemocracy

House Study Bill 703 - Introduced
                                  HOUSE FILE _____
                                  BY (PROPOSED COMMITTEE
                                      ON JUDICIARY BILL BY
                                      CHAIRPERSON HOLT)
                            A BILL FOR
An Act relating to illegal reentry into the state by certain
  aliens, prohibition on arrest in certain locations, orders
  to return to a foreign nation, immunity from liability
  and indemnification for enforcement actions, sentencing
  restrictions, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. NEW SECTION. 718C.1 Definitions.
    As used in this chapter:
    1. “Alien” means the same as defined in 8 U.S.C. §1101, as
 of January 1, 2023.
    2. “Port of entry” means a port of entry in the United
 States as designated by 19 C.F.R. pt. 101.
    Sec. 2. NEW SECTION. 718C.2 Illegal reentry into state by
 certain aliens.
    1. A person who is an alien commits an offense if the person
 enters, attempts to enter, or is at any time found in this
 state under any of the following circumstances:
    a. The person has been denied admission to or has been
 excluded, deported, or removed from the United States.
    b. The person has departed from the United States while an
 order of exclusion, deportation, or removal is outstanding.
    2. An offense under this section is an aggravated
 misdemeanor, except that the offense is:
    a. A class “D” felony if any of the following are true:
    (1) The person’s removal was subsequent to a conviction for
 commission of two or more misdemeanors involving drugs, crimes
 against a person, or both.
    (2) The person was excluded pursuant to 8 U.S.C.
 §1225(c) because the defendant was excludable under 8 U.S.C.
 §1182(a)(3)(B).
    (3) The person was removed pursuant to the provisions of 8
 U.S.C. ch. 12, subch. V.
    (4) The person was removed pursuant to 8 U.S.C.
 §1231(a)(4)(B).
    b. A class “C” felony if the person was removed subsequent
 to a conviction for the commission of a felony.
    3. For purposes of this section, “removal” includes an order
 issued under this chapter or any other agreement in which an
 alien stipulates to removal pursuant to a criminal proceeding
 under either federal or state law.
    Sec. 3. NEW SECTION. 718C.3 Arrest prohibited in certain
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 locations.
    Notwithstanding any other law, a peace officer may not
 arrest or detain a person for purposes of enforcing a provision
 of this chapter if the person is on the premises or grounds of
 any of the following places:
    1. A public or private primary or secondary school for
 educational purposes.
    2. A church, synagogue, or other established place of
 religious worship.
    3. A health care facility, as defined in section 135C.1,
 including a facility a state agency maintains or operates to
 provide health care, or the office of a health care provider,
 provided that the person is on the premises or grounds of
 the facility or office for the purpose of receiving medical
 treatment.
    4. A facility that provides forensic medical examinations
 to sexual assault survivors provided that the person is on the
 premises or grounds of the facility for purposes of obtaining a
 forensic medical examination and treatment.
    Sec. 4. NEW SECTION. 718C.4 Order to return to foreign
 nation.
    1. A judge during a person’s initial appearance following
 an arrest for a violation of this chapter may, after making a
 determination that probable cause exists for the arrest, order
 the person released from custody and issue a written order in
 accordance with subsection 3.
    2. The judge in a person’s case at any time after the
 person’s initial appearance may, in lieu of continuing the
 prosecution of or entering an adjudication regarding an offense
 under this chapter, dismiss the charge pending against the
 person and issue a written order in accordance with subsection
 3.
    3. A written order authorized by subsection 1 or 2 shall
 discharge the person and require the person to return to the
 foreign nation from which the person entered or attempted
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 to enter, and may be issued only if all of the following
 requirements are met:
    a. The person agrees to the order.
    b. The person has not previously been convicted of an
 offense under this chapter, or previously obtained a discharge
 under an order under subsection 1 or 2.
    c. The person is not charged with another offense that is
 punishable as an aggravated misdemeanor or any higher category
 of offense.
    d. Before the issuance of the order, the arresting law
 enforcement agency has done all of the following:
    (1) Collected all available identifying information of the
 person, which must include taking fingerprints from the person
 and using other applicable photographic and biometric measures
 to identify the person.
    (2) Cross-referenced the collected information with all
 relevant local, state, and criminal databases and federal lists
 or classifications used to identify a person as a threat or
 potential threat to national security.
    4. Upon a person’s conviction of an offense under this
 chapter, the judge shall enter in the judgment in the case an
 order requiring the person to return to the foreign nation
 from which the person entered or attempted to enter. An order
 issued under this subsection takes effect on completion of the
 term of confinement or imprisonment imposed by the judgment.
    5. An order issued under this section must include all of
 the following:
    a. The manner of transportation of the person to a port of
 entry.
    b. The law enforcement officer or state agency responsible
 for monitoring compliance with the order.
    6. An order issued under this article must be filed with
 the county clerk of the county in which the person was arrested
 for an order described by subsection 1, or with the clerk of
 the court exercising jurisdiction in the case for an order
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 described by subsection 2 or 4.
    7. Not later than the seventh day after the date an order is
 issued under this section, the law enforcement officer or state
 agency required to monitor compliance with the order shall
 report the issuance of the order to the department of public
 safety for inclusion in the computerized criminal history
 system.
    Sec. 5. NEW SECTION. 718C.5 Refusal to comply with order to
 return to foreign nation.
    1. A person who is an alien commits an offense if all of the
 following are true:
    a. The person has been charged with or convicted of an
 offense under this chapter.
    b. A judge has issued an order under this chapter for the
 person to return to the foreign nation from which the person
 entered or attempted to enter.
    c. The person failed to comply with the order.
    2. An offense under this section is a class “C” felony.
    Sec. 6. NEW SECTION. 718C.6 Abatement of prosecution on
 basis of immigration status determination prohibited.
    A court may not abate the prosecution of an offense under
 this chapter on the basis that a federal determination
 regarding the immigration status of the person is pending or
 will be initiated.
    Sec. 7. NEW SECTION. 718C.7 Civil immunity for and
 indemnification of local government officials, employees, and
 contractors.
    1. Except as provided by subsection 4, a local government
 official, employee, or contractor is immune from liability
 for damages arising from a cause of action under state law
 resulting from an action taken by the official, employee,
 or contractor to enforce this chapter during the course and
 scope of the official’s, employee’s, or contractor’s office,
 employment, or contractual performance for or service on behalf
 of the local government.
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    2. Subject to subsection 3 and except as provided by
 subsection 4, a local government shall indemnify an official,
 employee, or contractor of the local government for damages
 arising from a cause of action under federal law resulting
 from an action taken by the official, employee, or contractor
 to enforce this chapter during the course and scope of the
 official’s, employee’s, or contractor’s office, employment, or
 contractual performance for or service on behalf of the local
 government.
    3. Indemnification payments made under subsection 2 by a
 local government shall not exceed the following:
    a. One hundred thousand dollars to any one person or three
 hundred thousand dollars for any single occurrence in the case
 of personal injury or death.
    b. Ten thousand dollars for a single occurrence of property
 damage.
    4. Subsections 1 and 2 do not apply if the court or jury
 determines that the local government official, employee, or
 contractor acted in bad faith, with conscious indifference, or
 with recklessness.
    5. A local government shall indemnify an official,
 employee, or contractor of the local government for reasonable
 attorney fees incurred in defense of a criminal prosecution
 against the official, employee, or contractor for an action
 taken by the official, employee, or contractor to enforce
 this chapter during the course and scope of the official’s,
 employee’s, or contractor’s office, employment, or contractual
 performance for or service on behalf of the local government.
    6. This section shall not be construed to waive any
 statutory limits on damages under state law.
    Sec. 8. NEW SECTION. 718C.8 Civil immunity for and
 indemnification of state officials, employees, and contractors.
    1. Except as provided by subsection 4, an elected or
 appointed state official, or a state employee or contractor,
 is immune from liability for damages arising from a cause of
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 action under state law resulting from an action taken by the
 official, employee, or contractor to enforce this chapter
 during the course and scope of the official’s, employee’s, or
 contractor’s office, employment, or contractual performance for
 or service on behalf of the state.
    2. Except as provided by subsection 4, the state shall
 indemnify an elected or appointed state official or a state
 employee or contractor for damages arising from a cause of
 action under federal law resulting from an action taken by
 the official, employee, or contractor to enforce this chapter
 during the course and scope of the official’s, employee’s, or
 contractor’s office, employment, or contractual performance for
 or service on behalf of the state.
    3. Notwithstanding any other law, an indemnification
 payment made under subsection 2 is not subject to an
 indemnification limit under the laws of this state.
    4. Subsections 1 and 2 do not apply if the court or jury
 determines that the state official, employee, or contractor
 acted in bad faith, with conscious indifference, or with
 recklessness.
    5. The state shall indemnify a state official, employee,
 or contractor for reasonable attorney fees incurred in defense
 of a criminal prosecution against the official, employee, or
 contractor for an action taken by the official, employee,
 or contractor to enforce this chapter during the course and
 scope of the official’s, employee’s, or contractor’s office,
 employment, or contractual performance for or service on behalf
 of the state.
    6. A state official, employee, or contractor who may be
 entitled to indemnification under subsection 2 is entitled
 to representation by the attorney general in an action in
 connection with which the official, employee, or contractor may
 be entitled to that indemnification.
    7. This section shall not be construed to waive any
 statutory limits on damages under state law.
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    Sec. 9. NEW SECTION. 718C.9 Appeal to supreme court.
    For a civil action brought against a person who may be
 entitled to immunity or indemnification under section 718C.7 or
 718C.8, an appeal shall be taken directly to the supreme court.
    Sec. 10. NEW SECTION. 718C.10 Deferred judgment, deferred
 sentence, or suspended sentence prohibited.
    Notwithstanding any other provision of law, a person who is
 convicted of an offense under section 718C.2 or 718C.5 shall
 not be eligible for a deferred judgment, deferred sentence, or
 suspended sentence.
    Sec. 11. Section 907.3, unnumbered paragraph 1, Code 2024,
 is amended to read as follows:
    Pursuant to section 901.5, the trial court may, upon a plea
 of guilty, a verdict of guilty, or a special verdict upon which
 a judgment of conviction may be rendered, exercise any of the
 options contained in this section. However, this section does
 not apply to a forcible felony, or to a violation of chapter
 709 committed by a person who is a mandatory reporter of child
 abuse under section 232.69 in which the victim is a person who
 is under the age of eighteen, or to a violation of section
 718C.2 or 718C.5.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill relates to illegal reentry into the state by
 certain aliens, prohibition on arrest in certain locations,
 orders to return to a foreign nation, immunity from liability
 and indemnification for enforcement actions, and sentencing
 restrictions.
    The bill provides that a person who is an alien commits an
 offense if the person enters, attempts to enter, or is at any
 time found in this state if the person has previously been
 denied admission to or has been excluded, deported, or removed
 from the United States, or the person previously departed from
 the United States while an order of exclusion, deportation, or
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 removal was outstanding.
    The bill provides that the offense is an aggravated
 misdemeanor, except that the offense is: a class “D” felony
 if the person’s removal was subsequent to a conviction for
 commission of two or more misdemeanors involving drugs, crimes
 against a person, or both; the person was excluded pursuant to
 8 U.S.C. §1225(c) because the defendant was excludable under
 8 U.S.C. §1182(a)(3)(B); the person was removed pursuant to
 the provisions of 8 U.S.C. ch. 12, subch. V, or the person was
 removed pursuant to 8 U.S.C. §1231(a)(4)(B). An offense is
 a class “C” felony if the person was removed subsequent to a
 conviction for the commission of a felony. The bill provides
 that “removal” includes an order issued under the bill or
 any other agreement in which an alien stipulates to removal
 pursuant to a criminal proceeding under either federal or state
 law. An aggravated misdemeanor is punishable by confinement
 for no more than two years and a fine of at least $855 but
 not more than $8,540. A class “D” felony is punishable by
 confinement for no more than five years and a fine of at least
 $1,025 but not more than $10,245. A class “C” felony is
 punishable by confinement for no more than 10 years and a fine
 of at least $1,370 but not more than $13,660.
    The bill provides that a peace officer may not arrest or
 detain a person for purposes of enforcing a provision of
 the bill if the person is on the premises or grounds of: a
 public or private primary or secondary school for educational
 purposes; a church, synagogue, or other established place of
 religious worship; a health care facility, provided that the
 person is on the premises or grounds of the facility or office
 for the purpose of receiving medical treatment; or a facility
 that provides forensic medical examinations to sexual assault