House File 2567 - Introduced HOUSE FILE 2567 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 703) A BILL FOR An Act relating to illegal reentry into the state by certain 1 aliens, prohibition on arrest in certain locations, orders 2 to return to a foreign nation, immunity from liability 3 and indemnification for enforcement actions, sentencing 4 restrictions, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5603HV (1) 90 as/js
H.F. 2567 Section 1. NEW SECTION . 718C.1 Definitions. 1 As used in this chapter: 2 1. Alien means the same as defined in 8 U.S.C. 1101, as 3 of January 1, 2023. 4 2. Port of entry means a port of entry in the United 5 States as designated by 19 C.F.R. pt. 101. 6 Sec. 2. NEW SECTION . 718C.2 Illegal reentry into state by 7 certain aliens. 8 1. A person who is an alien commits an offense if the person 9 enters, attempts to enter, or is at any time found in this 10 state under any of the following circumstances: 11 a. The person has been denied admission to or has been 12 excluded, deported, or removed from the United States. 13 b. The person has departed from the United States while an 14 order of exclusion, deportation, or removal is outstanding. 15 2. An offense under this section is an aggravated 16 misdemeanor, except that the offense is: 17 a. A class D felony if any of the following are true: 18 (1) The persons removal was subsequent to a conviction for 19 commission of two or more misdemeanors involving drugs, crimes 20 against a person, or both. 21 (2) The person was excluded pursuant to 8 U.S.C. 22 1225(c) because the defendant was excludable under 8 U.S.C. 23 1182(a)(3)(B). 24 (3) The person was removed pursuant to the provisions of 8 25 U.S.C. ch. 12, subch. V. 26 (4) The person was removed pursuant to 8 U.S.C. 27 1231(a)(4)(B). 28 b. A class C felony if the person was removed subsequent 29 to a conviction for the commission of a felony. 30 3. For purposes of this section, removal includes an order 31 issued under this chapter or any other agreement in which an 32 alien stipulates to removal pursuant to a criminal proceeding 33 under either federal or state law. 34 Sec. 3. NEW SECTION . 718C.3 Arrest prohibited in certain 35 -1- LSB 5603HV (1) 90 as/js 1/ 11
H.F. 2567 locations. 1 Notwithstanding any other law, a peace officer may not 2 arrest or detain a person for purposes of enforcing a provision 3 of this chapter if the person is on the premises or grounds of 4 any of the following places: 5 1. A public or private primary or secondary school for 6 educational purposes. 7 2. A church, synagogue, or other established place of 8 religious worship. 9 3. A health care facility, as defined in section 135C.1, 10 including a facility a state agency maintains or operates to 11 provide health care, or the office of a health care provider, 12 provided that the person is on the premises or grounds of 13 the facility or office for the purpose of receiving medical 14 treatment. 15 4. A facility that provides forensic medical examinations 16 to sexual assault survivors provided that the person is on the 17 premises or grounds of the facility for purposes of obtaining a 18 forensic medical examination and treatment. 19 Sec. 4. NEW SECTION . 718C.4 Order to return to foreign 20 nation. 21 1. A judge during a persons initial appearance following 22 an arrest for a violation of this chapter may, after making a 23 determination that probable cause exists for the arrest, order 24 the person released from custody and issue a written order in 25 accordance with subsection 3. 26 2. The judge in a persons case at any time after the 27 persons initial appearance may, in lieu of continuing the 28 prosecution of or entering an adjudication regarding an offense 29 under this chapter, dismiss the charge pending against the 30 person and issue a written order in accordance with subsection 31 3. 32 3. A written order authorized by subsection 1 or 2 shall 33 discharge the person and require the person to return to the 34 foreign nation from which the person entered or attempted 35 -2- LSB 5603HV (1) 90 as/js 2/ 11
H.F. 2567 to enter, and may be issued only if all of the following 1 requirements are met: 2 a. The person agrees to the order. 3 b. The person has not previously been convicted of an 4 offense under this chapter, or previously obtained a discharge 5 under an order under subsection 1 or 2. 6 c. The person is not charged with another offense that is 7 punishable as an aggravated misdemeanor or any higher category 8 of offense. 9 d. Before the issuance of the order, the arresting law 10 enforcement agency has done all of the following: 11 (1) Collected all available identifying information of the 12 person, which must include taking fingerprints from the person 13 and using other applicable photographic and biometric measures 14 to identify the person. 15 (2) Cross-referenced the collected information with all 16 relevant local, state, and criminal databases and federal lists 17 or classifications used to identify a person as a threat or 18 potential threat to national security. 19 4. Upon a persons conviction of an offense under this 20 chapter, the judge shall enter in the judgment in the case an 21 order requiring the person to return to the foreign nation 22 from which the person entered or attempted to enter. An order 23 issued under this subsection takes effect on completion of the 24 term of confinement or imprisonment imposed by the judgment. 25 5. An order issued under this section must include all of 26 the following: 27 a. The manner of transportation of the person to a port of 28 entry. 29 b. The law enforcement officer or state agency responsible 30 for monitoring compliance with the order. 31 6. An order issued under this article must be filed with 32 the county clerk of the county in which the person was arrested 33 for an order described by subsection 1, or with the clerk of 34 the court exercising jurisdiction in the case for an order 35 -3- LSB 5603HV (1) 90 as/js 3/ 11
H.F. 2567 described by subsection 2 or 4. 1 7. Not later than the seventh day after the date an order is 2 issued under this section, the law enforcement officer or state 3 agency required to monitor compliance with the order shall 4 report the issuance of the order to the department of public 5 safety for inclusion in the computerized criminal history 6 system. 7 Sec. 5. NEW SECTION . 718C.5 Refusal to comply with order to 8 return to foreign nation. 9 1. A person who is an alien commits an offense if all of the 10 following are true: 11 a. The person has been charged with or convicted of an 12 offense under this chapter. 13 b. A judge has issued an order under this chapter for the 14 person to return to the foreign nation from which the person 15 entered or attempted to enter. 16 c. The person failed to comply with the order. 17 2. An offense under this section is a class C felony. 18 Sec. 6. NEW SECTION . 718C.6 Abatement of prosecution on 19 basis of immigration status determination prohibited. 20 A court may not abate the prosecution of an offense under 21 this chapter on the basis that a federal determination 22 regarding the immigration status of the person is pending or 23 will be initiated. 24 Sec. 7. NEW SECTION . 718C.7 Civil immunity for and 25 indemnification of local government officials, employees, and 26 contractors. 27 1. Except as provided by subsection 4, a local government 28 official, employee, or contractor is immune from liability 29 for damages arising from a cause of action under state law 30 resulting from an action taken by the official, employee, 31 or contractor to enforce this chapter during the course and 32 scope of the officials, employees, or contractors office, 33 employment, or contractual performance for or service on behalf 34 of the local government. 35 -4- LSB 5603HV (1) 90 as/js 4/ 11
H.F. 2567 2. Subject to subsection 3 and except as provided by 1 subsection 4, a local government shall indemnify an official, 2 employee, or contractor of the local government for damages 3 arising from a cause of action under federal law resulting 4 from an action taken by the official, employee, or contractor 5 to enforce this chapter during the course and scope of the 6 officials, employees, or contractors office, employment, or 7 contractual performance for or service on behalf of the local 8 government. 9 3. Indemnification payments made under subsection 2 by a 10 local government shall not exceed the following: 11 a. One hundred thousand dollars to any one person or three 12 hundred thousand dollars for any single occurrence in the case 13 of personal injury or death. 14 b. Ten thousand dollars for a single occurrence of property 15 damage. 16 4. Subsections 1 and 2 do not apply if the court or jury 17 determines that the local government official, employee, or 18 contractor acted in bad faith, with conscious indifference, or 19 with recklessness. 20 5. A local government shall indemnify an official, 21 employee, or contractor of the local government for reasonable 22 attorney fees incurred in defense of a criminal prosecution 23 against the official, employee, or contractor for an action 24 taken by the official, employee, or contractor to enforce 25 this chapter during the course and scope of the officials, 26 employees, or contractors office, employment, or contractual 27 performance for or service on behalf of the local government. 28 6. This section shall not be construed to waive any 29 statutory limits on damages under state law. 30 Sec. 8. NEW SECTION . 718C.8 Civil immunity for and 31 indemnification of state officials, employees, and contractors. 32 1. Except as provided by subsection 4, an elected or 33 appointed state official, or a state employee or contractor, 34 is immune from liability for damages arising from a cause of 35 -5- LSB 5603HV (1) 90 as/js 5/ 11
H.F. 2567 action under state law resulting from an action taken by the 1 official, employee, or contractor to enforce this chapter 2 during the course and scope of the officials, employees, or 3 contractors office, employment, or contractual performance for 4 or service on behalf of the state. 5 2. Except as provided by subsection 4, the state shall 6 indemnify an elected or appointed state official or a state 7 employee or contractor for damages arising from a cause of 8 action under federal law resulting from an action taken by 9 the official, employee, or contractor to enforce this chapter 10 during the course and scope of the officials, employees, or 11 contractors office, employment, or contractual performance for 12 or service on behalf of the state. 13 3. Notwithstanding any other law, an indemnification 14 payment made under subsection 2 is not subject to an 15 indemnification limit under the laws of this state. 16 4. Subsections 1 and 2 do not apply if the court or jury 17 determines that the state official, employee, or contractor 18 acted in bad faith, with conscious indifference, or with 19 recklessness. 20 5. The state shall indemnify a state official, employee, 21 or contractor for reasonable attorney fees incurred in defense 22 of a criminal prosecution against the official, employee, or 23 contractor for an action taken by the official, employee, 24 or contractor to enforce this chapter during the course and 25 scope of the officials, employees, or contractors office, 26 employment, or contractual performance for or service on behalf 27 of the state. 28 6. A state official, employee, or contractor who may be 29 entitled to indemnification under subsection 2 is entitled 30 to representation by the attorney general in an action in 31 connection with which the official, employee, or contractor may 32 be entitled to that indemnification. 33 7. This section shall not be construed to waive any 34 statutory limits on damages under state law. 35 -6- LSB 5603HV (1) 90 as/js 6/ 11
H.F. 2567 Sec. 9. NEW SECTION . 718C.9 Appeal to supreme court. 1 For a civil action brought against a person who may be 2 entitled to immunity or indemnification under section 718C.7 or 3 718C.8, an appeal shall be taken directly to the supreme court. 4 Sec. 10. NEW SECTION . 718C.10 Deferred judgment, deferred 5 sentence, or suspended sentence prohibited. 6 Notwithstanding any other provision of law, a person who is 7 convicted of an offense under section 718C.2 or 718C.5 shall 8 not be eligible for a deferred judgment, deferred sentence, or 9 suspended sentence. 10 Sec. 11. Section 907.3, unnumbered paragraph 1, Code 2024, 11 is amended to read as follows: 12 Pursuant to section 901.5 , the trial court may, upon a plea 13 of guilty, a verdict of guilty, or a special verdict upon which 14 a judgment of conviction may be rendered, exercise any of the 15 options contained in this section . However, this section does 16 not apply to a forcible felony , or to a violation of chapter 17 709 committed by a person who is a mandatory reporter of child 18 abuse under section 232.69 in which the victim is a person who 19 is under the age of eighteen , or to a violation of section 20 718C.2 or 718C.5 . 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanations substance by the members of the general assembly. 24 This bill relates to illegal reentry into the state by 25 certain aliens, prohibition on arrest in certain locations, 26 orders to return to a foreign nation, immunity from liability 27 and indemnification for enforcement actions, and sentencing 28 restrictions. 29 The bill provides that a person who is an alien commits an 30 offense if the person enters, attempts to enter, or is at any 31 time found in this state if the person has previously been 32 denied admission to or has been excluded, deported, or removed 33 from the United States, or the person previously departed from 34 the United States while an order of exclusion, deportation, or 35 -7- LSB 5603HV (1) 90 as/js 7/ 11
H.F. 2567 removal was outstanding. 1 The bill provides that the offense is an aggravated 2 misdemeanor, except that the offense is: a class D felony 3 if the persons removal was subsequent to a conviction for 4 commission of two or more misdemeanors involving drugs, crimes 5 against a person, or both; the person was excluded pursuant to 6 8 U.S.C. 1225(c) because the defendant was excludable under 7 8 U.S.C. 1182(a)(3)(B); the person was removed pursuant to 8 the provisions of 8 U.S.C. ch. 12, subch. V, or the person was 9 removed pursuant to 8 U.S.C. 1231(a)(4)(B). An offense is 10 a class C felony if the person was removed subsequent to a 11 conviction for the commission of a felony. The bill provides 12 that removal includes an order issued under the bill or 13 any other agreement in which an alien stipulates to removal 14 pursuant to a criminal proceeding under either federal or state 15 law. An aggravated misdemeanor is punishable by confinement 16 for no more than two years and a fine of at least $855 but 17 not more than $8,540. A class D felony is punishable by 18 confinement for no more than five years and a fine of at least 19 $1,025 but not more than $10,245. A class C felony is 20 punishable by confinement for no more than 10 years and a fine 21 of at least $1,370 but not more than $13,660. 22 The bill provides that a peace officer may not arrest or 23 detain a person for purposes of enforcing a provision of 24 the bill if the person is on the premises or grounds of: a 25 public or private primary or secondary school for educational 26 purposes; a church, synagogue, or other established place of 27 religious worship; a health care facility, provided that the 28 person is on the premises or grounds of the facility or office 29 for the purpose of receiving medical treatment; or a facility 30 that provides forensic medical examinations to sexual assault 31 survivors provided that the person is on the premises or 32 grounds of the facility for purposes of obtaining a forensic 33 medical examination and treatment. 34 The bill provides that a judge during a persons initial 35 -8- LSB 5603HV (1) 90 as/js 8/ 11
H.F. 2567 appearance following an arrest for a violation of the bill 1 may, after making a determination that probable cause exists 2 for the arrest, order the person released from custody and 3 issue a written order requiring the person to return to the 4 foreign nation from which the person came. The judge in a 5 persons case at any time after the persons initial appearance 6 may, in lieu of continuing the prosecution of or entering an 7 adjudication regarding an offense under the bill, dismiss the 8 charge pending against the person and issue a written order 9 requiring the person to return to the foreign nation from which 10 the person came. A written order discharging the person and 11 requiring the person to return to the foreign nation from 12 which the person entered or attempted to enter may be issued 13 only if all of the following occur: the person agrees to 14 the order; the person has not previously been convicted of 15 an offense under the bill or previously obtained a discharge 16 under an order to return to the foreign nation from which the 17 person came; the person is not charged with another offense 18 that is punishable as an aggravated misdemeanor or any higher 19 category of offense; and the arresting law enforcement agency 20 has collected all available identifying information of the 21 person and has cross-referenced the collected information with 22 all relevant local, state, and criminal databases and federal 23 lists or classifications used to identify a person as a threat 24 or potential threat to national security. 25 Upon conviction for a violation of the bill, the bill 26 provides that the judge shall enter in the judgment in the case 27 an order requiring the person to return to the foreign nation 28 from which the person entered or attempted to enter. An order 29 issued under this provision takes effect on completion of the 30 term of confinement or imprisonment imposed by the judgment. 31 The bill provides that an order must include the manner of 32 transportation of the person to a port of entry and the law 33 enforcement officer or state agency responsible for monitoring 34 compliance with the order. Within seven days of an orders 35 -9- LSB 5603HV (1) 90 as/js 9/ 11
H.F. 2567 issuance, the law enforcement officer or state agency required 1 to monitor compliance with the order shall report the issuance 2 of the order to the department of public safety for inclusion 3 in the computerized criminal history system. 4 The bill provides that a person who is an alien commits an 5 offense if the person has been charged with or convicted of an 6 offense under the bill, a judge has issued an order under the 7 bill for the person to return to the foreign nation from which 8 the person entered or attempted to enter, and the person failed 9 to comply with the order. An offense under this provision of 10 the bill is a class C felony. 11 The bill provides that a court may not abate the prosecution 12 of an offense under the bill on the basis that a federal 13 determination regarding the immigration status of the person is 14 pending or will be initiated. 15 The bill provides that a local government official, 16 employee, or contractor is immune from liability for damages 17 arising from a cause of action resulting from an action taken 18 to enforce the bill. A local government shall indemnify an 19 official, employee, or contractor of the local government 20 for damages arising from a cause of action under federal law 21 resulting from an action taken to enforce the bill. 22 The bill provides that indemnification payments made by a 23 local government shall not exceed $100,000 to any one person, 24 $300,000 for any single occurrence in the case of personal 25 injury or death, or $10,000 for a single occurrence of property 26 damage. 27 If the court or jury determines that the local government 28 official, employee, or contractor acted in bad faith, with 29 conscious indifference, or with recklessness, the official, 30 employee, or contractor is not entitled to immunity or 31 indemnification. 32 The bill provides that an elected or appointed state 33 official, or a state employee or contractor, is immune from 34 liability for damages resulting from an action taken to enforce 35 -10- LSB 5603HV (1) 90 as/js 10/ 11
H.F. 2567 the bill. 1 The bill provides that the state shall indemnify an elected 2 or appointed state official, or a state employee or contractor, 3 for damages arising from a cause of action under federal law 4 resulting from an action taken by the official, employee, or 5 contractor to enforce the bill. An indemnification payment 6 made to an elected or appointed state official, or a state 7 employee or contractor, is not subject to an indemnification 8 limit under the laws of this state. 9 If the court or jury determines that an elected or appointed 10 state official, or a state employee or contractor, acted in bad 11 faith, with conscious indifference, or with recklessness, the 12 elected or appointed state official, or a state employee or 13 contractor, is not entitled to immunity or indemnification. 14 The bill provides that a state official, employee, or 15 contractor who may be entitled to indemnification is entitled 16 to representation by the attorney general. 17 Current law generally provides that the trial court may, 18 upon a plea of guilty, a verdict of guilty, or a special 19 verdict upon which a judgment of conviction may be rendered, 20 defer judgment, defer sentencing, or suspend the sentence. 21 This provision does not apply to a forcible felony or to a 22 violation of Code chapter 709 (sexual abuse) committed by a 23 person who is a mandatory reporter of child abuse in which the 24 victim is a person who is under the age of 18. 25 The bill adds a violation of the bill to those offenses for 26 which the option to render a deferred judgment or sentence, or 27 a suspended sentence, does not apply. 28 -11- LSB 5603HV (1) 90 as/js 11/ 11