Lawler gives recap of judiciary committee actions

I will be providing a broad recap of the legislative session in the coming weeks, but I first wanted to give you a summary of the work we did on the House Judiciary Committee, where I am honored to serve as vice chair.

Our committee was one of the busiest at the Capitol, and we moved many bills successfully through the House.

The list below represents only the judiciary bills that were passed by both the House and the Senate. These bills are listed in numerical order — not necessarily in order of importance.

House File 298 allows for children subject to pending delinquency petitions to be placed in supervised apartment living arrangements as part of a consent decree. This option is available for children who have lived in a qualified residential treatment program or shelter for at least six months and lack family support for a successful transition to independent living.

The bill also mandates that the state will cover the costs of these placements, provided they meet specific requirements established by the Department of Health and Human Services.

HF 306 increases penalties for sharing or showing obscene material to minors. It keeps the first offense as a serious misdemeanor. However, a second offense becomes an aggravated misdemeanor with a mandatory one-year jail term, and a third or subsequent offense is classified as a class “D” felony with a mandatory three-year jail term.

HF 314 allows a Juvenile Court to waive the requirement for a preplacement investigation and report in certain adoption cases. This waiver can occur if the adoption petitioner has been the legal guardian of the child for at least 36 consecutive months and has fulfilled their responsibilities as a guardian during that time.

Currently, waivers are only permitted if the petitioner is a relative of the child within the fourth degree of consanguinity.

HF 363 addresses who can make decisions regarding the final arrangements for a person's remains after they pass away. It states that if someone is not allowed to be a decision-maker according to a person's wishes, they cannot take control of those arrangements.

Essentially, it ensures that only the right people can make decisions about how a person is laid to rest.

HF 367 modifies the rules regarding family interactions during ongoing child-in-need-of-assistance proceedings. Currently, family interactions must continue unless a court or the Department of Health and Human Services determines they are detrimental to the child.

The bill changes this requirement, stating that interactions should continue unless a court finds substantial evidence that they pose an imminent risk to the child's life or health.

HF 472 aims to protect people's rights to free speech, assembly and association. It allows individuals to quickly ask a court to dismiss lawsuits that they believe are unfairly targeting their First Amendment rights to express themselves on public issues.

The law does not apply to cases involving government officials acting in their official roles or businesses selling goods and services.

HF 573 allows anyone to start the process for involuntary commitment of individuals with substance use disorders by filing an application in any county. If the application is filed in the wrong county, it must be transferred to the correct one.

The bill also gives law enforcement the authority to take individuals into custody for treatment in any county where they are found.

HF 615 is a bill that addresses the offense of intentionally misrepresenting an animal as a service animal or service animal in training. The bill simplifies the criteria for this offense by removing the requirements that the person must have received a prior warning and that they must know the animal is not a service animal.

Under the bill, a person can be charged with a simple misdemeanor for misrepresenting an animal as a service animal, which carries a penalty of up to 30 days in jail and a fine between $105 and $855.

HF 647 outlines the venue for trials in criminal cases when the county of the offense is unclear. It specifies that trials should be held in the county of the victim's residence if they can be identified. If there is no victim or the victim's residence cannot be determined, the trial will take place in the county where the accused resides.

For non-natural person victims, the trial can occur in any county where the victim has a physical presence. In cases with multiple victims, the trial may be held in any county where a victim resides, prioritizing natural persons.

HF 649 amends the definition of "services" in relation to human trafficking laws. The bill changes the definition to focus on performing activities for the benefit of a perpetrator, including commercial sexual activity and sexually explicit performances, without requiring an ongoing relationship between the victim and the perpetrator.

House File 862 establishes regulations for county attorneys when there are conflicts of interest. It prohibits county attorneys from representing multiple parties in conflicting situations, accepting fees for certain services, and engaging in legal representation that conflicts with their official duties.

Additionally, if a county sheriff believes a conflict exists and the board does not take action, the sheriff can petition a District Court for a ruling on the conflict. The court must respond within 30 days and may appoint outside counsel, with costs covered by the county.

To make Iowa law comply with judicial rulings on the Second Amendment, HF 924 lowers the minimum age for acquiring and carrying firearms from 21 to 18 years old. The bill includes changes to related laws.

HF 956 updates various aspects of judicial branch administration in Iowa. It changes residency requirements for judges, allowing them to reside in a county adjacent to their judicial district. It also permits court proceedings to be held remotely.

Additionally, the bill reorganizes the appointment and supervision of court reporters, giving the chief judge more authority in these matters. Finally, it allows clerks of court to provide access to civil pleadings before the official filing date is recorded. As amended, the bill raises the age for mandatory judicial retirement.

SF 150 toughens the prosecution of offenses related to the sexual exploitation of minors by ensuring that multiple visual depictions of the same minor are treated as separate offenses. Previously, these violations were prosecuted as a single offense, but the new language mandates that each depiction is treated individually.

SF 266 addresses theft, forgery and fraud related to gift cards. It establishes penalties for various offenses, including acquiring or using a gift card without consent, altering a gift card, and devising schemes to obtain gift cards through deceit.

The penalties vary based on the value involved, ranging from serious misdemeanors to class "C" felonies, depending on the amount of money or value of goods or services involved. The bill also allows for the aggregation of values over a six-month period for charging purposes.

SF 418 establishes definitions and rules regarding sex and gender for statutory purposes in Iowa. It defines "sex" as the biological classification of individuals as male or female based on observable characteristics at birth.

The bill specifies that terms like "woman," "man," "mother," and "father" correspond to these definitions. It also mandates that vital records, such as birth certificates, must include a designation of sex.

Additionally, the bill prohibits discrimination based on sex in various contexts. The bill also strikes gender identity from the civil rights code while leaving the clear definition of sex in place.

Senate File 462: Currently, when a court prohibits someone from possessing firearms, the court clerk sends the person's identifying information to the Iowa Department of Public Safety, which then forwards it to the FBI for inclusion in a national background check system.

If a person’s rights to possess a firearm are restored, it is difficult to get their name removed from the FBI list, due to the current process. This bill takes the law back to a previous version that has DPS collecting information and communicating restrictions or lifted restrictions with the FBI.

The bill also increases penalties for a felon convicted of possessing a firearm.

SF 513 changes Iowa's divorce laws by prohibiting courts from requiring parents to pay for their child's post-secondary education expenses, such as college or vocational school, as part of divorce agreements.

The new rule will apply to divorce cases that begin or are ongoing after July 1, 2025, while existing agreements that include education payments made before this date will remain unchanged.

HF 639 requires applicants for hazardous liquid pipeline permits to provide proof of insurance or a surety bond to cover potential damages from the pipeline's construction and operation. This insurance must be sufficient to address losses from any spills, property damage, and increased insurance costs for affected individuals.

Additionally, if someone cannot obtain insurance or faces higher premiums due to the pipeline, the pipeline owner must either buy insurance for them or reimburse their increased costs.

As amended by the House, the bill included language regarding common carriers, IUC meeting attendance, limited renewal of hazardous liquid pipeline permits, allowed more people to be intervenors in front of the IUC, and clarified how and when the IUC could sanction an individual.