| 1 | 1 | | House File 2284 - Introduced HOUSE FILE 2284 BY RINKER A BILL FOR An Act relating to the scope of certain criminal actions, 1 including exclusion zones for registered sex offenders and 2 burglary, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5878YH (3) 90 as/js |
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| 3 | 3 | | H.F. 2284 Section 1. Section 692A.113, subsection 1, Code 2024, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . i. Engage in electronic or 3 internet-facilitated communication with a minor, or a 4 law enforcement officer or agent posing as a minor, unless the 5 offender is the parent or guardian of the minor. 6 Sec. 2. Section 713.1, Code 2024, is amended to read as 7 follows: 8 713.1 Burglary defined. 9 1. Any person, having the intent to commit a felony, 10 assault , or theft therein, who, having no right, license , or 11 privilege to do so, enters an occupied structure, such occupied 12 structure not being open to the public, or who remains therein 13 after it is closed to the public or after the persons right, 14 license , or privilege to be there has expired, or any person 15 having such intent who breaks an occupied structure, commits 16 burglary. 17 2. Any person who, having no right, license, or privilege to 18 do so, enters the dwelling of another that is not open to the 19 public, or who remains in a dwelling after it is closed to the 20 public, commits burglary. 21 Sec. 3. Section 713.2, Code 2024, is amended to read as 22 follows: 23 713.2 Attempted burglary defined. 24 1. Any person, having the intent to commit a felony, 25 assault , or theft therein, who, having no right, license, or 26 privilege to do so, attempts to enter an occupied structure, 27 the occupied structure not being open to the public, or who 28 attempts to remain therein after it is closed to the public or 29 after the persons right, license, or privilege to be there has 30 expired, or any person having such intent who attempts to break 31 an occupied structure, commits attempted burglary. 32 2. Any person who, having no right, license, or privilege 33 to do so, attempts to enter the dwelling of another that is not 34 open to the public, or who attempts to remain in a dwelling 35 -1- LSB 5878YH (3) 90 as/js 1/ 4 |
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| 5 | 5 | | H.F. 2284 after it is closed to the public, commits attempted burglary. 1 Sec. 4. Section 713.3, subsection 1, unnumbered paragraph 2 1, Code 2024, is amended to read as follows: 3 A person commits burglary in the first degree if, while 4 perpetrating a burglary in or upon an occupied structure or 5 dwelling in which one or more persons are present, any of the 6 following circumstances apply: 7 Sec. 5. Section 713.4, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. A person commits attempted burglary in the first degree 10 if, while perpetrating an attempted burglary in or upon an 11 occupied structure or dwelling in which one or more persons 12 are present, the person has possession of an explosive or 13 incendiary device or material, or a dangerous weapon, or 14 intentionally or recklessly inflicts bodily injury on any 15 person. 16 Sec. 6. Section 713.5, subsection 1, paragraphs a and b, 17 Code 2024, are amended to read as follows: 18 a. While perpetrating a burglary in or upon an occupied 19 structure or dwelling in which no persons are present, the 20 person has possession of an explosive or incendiary device or 21 material, or a dangerous weapon, or a bodily injury results to 22 any person. 23 b. While perpetrating a burglary in or upon an occupied 24 structure or dwelling in which one or more persons are 25 present, the person does not have possession of an explosive or 26 incendiary device or material, nor a dangerous weapon, and no 27 bodily injury is caused to any person. 28 Sec. 7. Section 713.6, subsection 1, paragraphs a and b, 29 Code 2024, are amended to read as follows: 30 a. While perpetrating an attempted burglary in or upon an 31 occupied structure or dwelling in which no persons are present, 32 the person has possession of an explosive or incendiary device 33 or material, or a dangerous weapon, or a bodily injury results 34 to any person. 35 -2- LSB 5878YH (3) 90 as/js 2/ 4 |
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| 7 | 7 | | H.F. 2284 b. While perpetrating an attempted burglary in or upon an 1 occupied structure or dwelling in which one or more persons are 2 present, the person does not have possession of an explosive or 3 incendiary device or material, nor a dangerous weapon, and no 4 bodily injury is caused to any person. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanations substance by the members of the general assembly. 8 This bill relates to the scope of certain criminal actions, 9 including exclusion zones for registered sex offenders and 10 burglary. 11 The bill provides that a sex offender who has been 12 convicted of a sex offense against a minor in this state or 13 in another jurisdiction shall not engage in electronic or 14 internet-facilitated communication with a minor, or a law 15 enforcement officer or agent posing as a minor, unless the 16 offender is the parent or guardian of the minor. 17 Current law defines burglary as, with the intent to commit a 18 felony, assault, or theft therein, and with no right, license, 19 or privilege to do so, entering an occupied structure, such 20 occupied structure not being open to the public, or remaining 21 therein after it is closed to the public or after a persons 22 right, license, or privilege to be there has expired, or with 23 such intent breaking an occupied structure. 24 The bill amends the definition of burglary to include, with 25 no right, license, or privilege to do so, entering the dwelling 26 of another that is not open to the public, or remaining in a 27 dwelling after it is closed to the public. 28 Current law defines attempted burglary as, with the intent 29 to commit a felony, assault, or theft therein, and with, no 30 right, license, or privilege to do so, attempting to enter an 31 occupied structure, the occupied structure not being open to 32 the public, or attempting to remain therein after it is closed 33 to the public or after a persons right, license, or privilege 34 to be there has expired, or with such intent attempting to 35 -3- LSB 5878YH (3) 90 as/js 3/ 4 |
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| 9 | 9 | | H.F. 2284 break an occupied structure. 1 The bill amends the definition of attempted burglary 2 to include, with no right, license, or privilege to do so, 3 attempting to enter the dwelling of another that is not open 4 to the public, or attempting to remain in a dwelling after it 5 is closed to the public. 6 The bill makes changes to burglary in the first degree, 7 attempted burglary in the first degree, burglary in the 8 second degree, and attempted burglary in the second degree by 9 including an occupied structure or dwelling. 10 -4- LSB 5878YH (3) 90 as/js 4/ 4 |
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