General Assembly: 83 (2010 Regular GA) - Chapter 1071 - Alcohol-related offenses — expunging of convictions


Published: 2010-03-19

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341 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION CH. 1071

shall not convene a meeting of the council unless the director of the department, or the director’s designee, is present at the meeting. 5. The purpose of the council is to advise the department on the development and

implementation of public policies that enhance innovation and entrepreneurship in the targeted industries, with a particular focus on the information, technology, and skills that increasingly dominate the twenty-first century economy. Such advice may include evaluating Iowa’s competitive position in the global economy, reviewing the technology typically utilized in the state’s manufacturing sector, assessing the state’s overall scientific research capacity, keeping abreast of the latest scientific research and technological breakthroughs and offering guidance as to their impact on public policy, recommending strategies that foster innovation, increase new business formation, and otherwise promote economic growth in the targeted industries, and offering guidance about future developments in the targeted industries. 6. The council shall do all of the following: a. Create a comprehensive strategic plan for implementing specific policies that further the

purpose of the council as described in subsection 5. b. Review annually all the economic development programs administered by the

department and the board that relate to the targeted industries and make recommendations for adjustments that enhance efficiency and effectiveness. In reviewing the programs, the council shall, to the greatest extent possible, utilize economic development data and research in order to make objective, fact-based recommendations. c. Act as a forum where issues affecting the research community, the targeted industries,

and policymakers can be discussed and addressed and where collaborative relationships can be formed. d. Coordinate state government applications for federal funds relating to research and

economic development affecting the targeted industries. e. Conduct industry research and draft documents that provide background information

for use in decision making by the general assembly, the governor, the department, and other policymaking bodies within state government.

Approved March 19, 2010

CHAPTER 1071 ALCOHOL-RELATED OFFENSES — EXPUNGING OF CONVICTIONS

H.F. 2233

AN ACT relating to expunging the conviction for certain alcohol-related offenses.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.46, subsection 5, Code 2009, is amended to read as follows: 5. Upon the expiration of two years following conviction for a violation of this section, a

person may petition the court to exonerate the person of expunge the conviction, and if the person has had no other criminal convictions, other than simple misdemeanor violations of chapter 321 during the two-year period, the person shall be deemed exonerated of the offense conviction shall be expunged as a matter of law. The court shall enter an order exonerating the person of the conviction, and ordering that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data filesmaintained by the department of public safety.

CH. 1071 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION 342

Sec. 2. Section 123.47, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 7. Upon the expiration of two years following conviction for a

violation of subsection 2 or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged for a violation of subsection 2, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety. An expunged conviction shall not be considered a prior offense for purposes of enhancement under subsection 3 or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.

Approved March 19, 2010

CHAPTER 1072 ASSAULT CAUSING SERIOUS INJURY

H.F. 2372

AN ACT relating to an assault causing serious injury.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 702.11, subsection 2, Code 2009, is amended by adding the following new paragraph: NEW PARAGRAPH. f. Assault in violation of section 708.2, subsection 4.

Sec. 2. Section 708.2, subsection 4, Code 2009, is amended to read as follows: 4. A person who commits an assault, as defined in section 708.1, and without the intent to

inflict serious injury, but who causes serious injury, is guilty of a class “D” felony.

Approved March 19, 2010

CHAPTER 1073 SERIOUS INJURY — DEFINITION

H.F. 2374

AN ACT relating to the definition of serious injury for purposes of criminal offenses.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 235B.2, subsection 13, Code Supplement 2009, is amended to read as follows: 13. “Serious injury” means a disabling mental illness, or a bodily injury which creates a

substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ the same as defined in section 702.18.