This bill amends existing law regarding the penalties for public employees and public officials who take money from a public employer. It introduces new provisions that specify if a defendant was a public employee or public official at the time of the offense and the amount taken exceeds $10,000, the court is prohibited from deferring judgment or suspending the sentence. Additionally, the bill allows for a departure from the mandatory minimum term of incarceration only if the defendant can provide clear and convincing evidence of mitigating circumstances, which the court must acknowledge on the record.
Furthermore, the bill provides definitions for key terms, including "public employee," which encompasses any individual employed by a public employer, including contractors and vendors; "public employer," which refers to the state and its subdivisions; and "public official," as defined in section 68B.2. These changes aim to strengthen accountability and ensure stricter penalties for public officials and employees who commit financial offenses against public entities.
Statutes affected: Introduced: 907.3