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     2016-2017 Legislative Summary

  

Iowa Judicial Branch  

2016 Legislative Session Summary

9-Jun-16  

The following report is a summary of bills the 86th Iowa General Assembly approved that directly affect the work of the courts or may otherwise be of interest to judges and court personnel.  This summary does not provide references to every section of every bill nor is it a complete statement of each and every bill.  To view an electronic copy of a particular signed-enrolled bill, click on the bill title; to find the complete text and history of a particular bill, visit https://www.legis.iowa.gov/ and use the "BILLS:  Quick Search" search box located on the far left column of your screen.  Letters denote: HF—House File; SF—Senate File.  Sydney Kronkow, Judicial Branch Legislative Liaison, prepared this summary.  Many summaries referenced were drafted, in whole or in part, by the staff of the Legislative Services Agency. 

Contents

Appropriations. 3  

HF2457—JUDICIAL BRANCH APPROPRIATION.. 3  

HF2460—HEALTH AND HUMAN SERVICES APPROPRIATIONS. 3  

SF 2324—REBUILD IOWA INFRASTRUCTURE FUND.. 3  

Civil 3  

HF 2385—LITTERING AND ILLEGAL DUMPING.. 3  

Court administration. 4  

SF 2316—COLLECTION OF DELINQUENT COURT DEBT. 4  

SF 2316—COLLECTION OF DELINQUENT COURT DEBT (continued). 5  

HF 2354—ELECTRONIC RECORDINGS OF MAGISTRATE PROCEEDINGS. 6  

Criminal 6  

HF 2064—SENTENCING REFORM... 6  

HF 2064—SENTENCING REFORM (continued). 7  

HF 2271—IDENTITY THEFT. 7  

HF 2278—STATUTE OF LIMITATIONS:  KIDNAPPING AND HUMAN TRAFFICKING.. 7  

HF 2279—FIREARM SUPPRESSORS. 8  

HF2283—FIREARMS ON SNOWMOBILES. 8  

HF 2401—FORGERY:  CREDIT CARD IN NAME OF MINOR. 8  

SF 2022—CRIMINAL JURISDICTION OF THE SAC AND FOX INDIAN SETTLEMENT. 9  

SF 2115—INTERFERENCE WITH OFFICIAL ACTS AGAINST A JAILER. 9  

SF 2116—SCHEDULE I SUBSTANCES. 9  

SF 2164—EXPUNGEMENT/CONTEMPT FINDINGS + DEFERRED JUDGMENT. 10  

SF 2185—CRIMINAL TRESPASS/INVASION OF PRIVACY. 10  

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS. 11  

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS (continued). 12  

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS (continued). 13  

Juvenile and Family Law.. 13  

HF 2270—DEFINITION OF PARENT. 13  

HF 2282—GAL IN ADOPTION PROCEEDINGS. 13  

HF 2386—SEXUAL ABUSE TPR. 13  

SF 2233—UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT. 14  

SF 2258—CHILD WELFARE. 15  

SF 2258—CHILD WELFARE  (continued). 16  

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS. 16  

Mental health. 17  

SF 2259—FAILURE TO COMPLY WITH MENTAL HEALTH OUTPATIENT ORDER. 17  

Miscellaneous. 18  

HF 2265—ADDRESS CONFIDENTIALITY PROGRAM:  LEGAL PROCEEDINGS. 18  

SF 378—DEFENSE COSTS OF PEACE OFFICERS. 18  

SF 2162—DIA  ELECTRONIC FILING SYSTEM... 19  

SF 2191—OFFICE TO COMBAT HUMAN TRAFFICKING.. 19  

PROBATE. 20  

HF 2335—TRUST CODE CHANGES + POWERS UNDER A POWER OF ATTORNEY. 20  

 

  

Find this summary and other legislative updates under Legislative Information on The Judicial Insider. 

Appropriations

HF2457—JUDICIAL BRANCH APPROPRIATION

An act relating to appropriations to the Judicial Branch. 

The legislature appropriated the Judicial Branch $181.7 million for operations in FY17, which is status quo from the FY16 budget.  

Effective July 1, 2016. 

  

HF2460—HEALTH AND HUMAN SERVICES APPROPRIATIONS

An act relating to appropriations for health and human services and veterans and including other related provisions and appropriations. 

The funds the legislature allocated for juvenile delinquent graduated sanction service and court-ordered services provided to juveniles who are under the supervision of juvenile court remained status quo from the FY16 budget. 

Effective July 1, 2016. 

SF 2324—REBUILD IOWA INFRASTRUCTURE FUND

An act relating to and making appropriations from the rebuild Iowa infrastructure fund.  

The legislature appropriated the Judicial Branch $6.7 million for furniture and equipment for the Polk County Justice Center. 

Effective July 1, 2016. 

Civil

HF 2385—LITTERING AND ILLEGAL DUMPING

An act relating to littering and illegal dumping and modifying penalties. 

This bill increases the civil penalty for second, third, and subsequent offenses for violations of illegal dumping.  The bill amends the definition of "litter" to include items not exceeding 10 pounds in weight or 15 cubic feet in volume and includes but is not limited to empty beverage containers, cigarette butts, food waste packaging, other food or candy wrappers, handbills, empty cartons, or boxes.  Revenue from the penalty shall be remitted to the State Treasurer to be deposited in the general fund.  Fifty percent (50%) of the monies collected from illegal dumping fines will be appropriated to the department of transportation for purposes of the cleanup of litter and illegally discarded solid waste, and the remaining 50% will be deposited in the general fund of the county where the violation occurred to be used only for the cleanup and prevention of illegal dumping.  

Effective July 1, 2016. 

Court administration

SF 2316—COLLECTION OF DELINQUENT COURT DEBT

An act relating to the collection of delinquent court debt and associated installment agreements. 

COURT DEBT COLLECTIONS—GENERALLY:  The bill provides that a county attorney may collect delinquent court debt 30 days after the court debt is assessed and payment has not been received, if the county attorney has filed a notice of full commitment to collect delinquent court debt with the clerk of the district court.  If delinquent court debt is owed in a non-county attorney collection county—the county attorney has elected not to opt-in to the court debt collection program—then the debt is assigned to the private debt collection designee under contract with the Judicial Branch 30 days after the court debt is assessed and payment has not been received.  The bill specifies that delinquent court debt assigned to a county attorney or the private debt collector shall remain with the collection entity collecting the debt. 

INSTALLMENT AGREEMENT—LICENSE SUSPENSION: The bill permits a person to execute an installment agreement with the county attorney or the private collection designee when the clerk of the district court has reported the delinquency to the department of transportation as required by section 321.210A (60 days after the mailing of the Notice of Noncompliance).   If a person enters into a payment plan with the county attorney or the private debt collection designee and pays the reinstatement fee to obtain a driver's license pursuant to Code section 321.191, the clerk is to notify the department of transportation of the pay plan and statement and the department of transportation shall terminate the driver's license suspension even if the suspension has not yet become effective.  Additionally, the bill strikes Code section 321.210B(12), which prohibits a fine, penalty, surcharge, or court cost contained in an installment agreement that is in default from being placed in a new installment agreement. 

NOTICE OF FULL COMMITMENT/MOU:  In order to collect court debt, the county attorney or designee must file a notice of full commitment to collect court debt with the clerk on or before July 1 of the first year the county attorney is going to collect debt.  In addition to a notice of full commitment to collect, the bill requires the county attorney to file a memorandum of understanding with the state court administrator on or before July 1 the first year the county attorney collects.  The bill provides that for a county attorney filing a notice of full commitment for the first time, the cases with delinquent court debt previously assigned to the private collection designee shall remain assigned to the private collection designee. Cases with delinquent court debt assigned to the county attorney after filing a notice of full commitment by the county attorney shall remain assigned to the county attorney. Since the county attorney is assigned all debt 30 days after it is assessed, the county attorney is no longer required to provide notification to the clerk of collection on each individual case.      

DISCONTINUATION/INELIGIBILITY:  The bill provides that a county attorney who chooses to discontinue the collection of delinquent court debt shall file with the clerk of the district court on or before May 15 a notice of the intent to cease collection at the start of the next fiscal year.  

If a county ceases collection efforts under the bill, or if the state court administrator deems that a county attorney participating in the collections program has become ineligible to collect delinquent court debt, all delinquent court debt shall be transferred on July 1 to the private collection designee for collection, except court debt in any existing installment agreement remains with the county for collection unless the installment payment becomes delinquent, after which all the remaining delinquent court debt associated with the installment agreement must be transferred promptly to the private collection designee for collection. 

SF 2316—COLLECTION OF DELINQUENT COURT DEBT (continued)

DISTRIBUTION:  If a county attorney collects delinquent court debt, 28% of the distributable amount of court debt collected by the county attorney to be deposited into the county general fund and 72% of the distributable amount of court debt is required to be paid to the clerk of the district court for distribution under Code section 602.8108.  The definition of distributable amount remains the same (does not include victim restitution, the victim compensation fund, the criminal penalty surcharge, sex offender civil penalty, drug abuse resistance education surcharge, the law enforcement initiative surcharge, county enforcement surcharge, amounts collected as a result of procedures initiated under subsection 5 or under section 8A.504, or fees charged pursuant to section 356.7).

THRESHOLDS:  Thresholds have been placed to further incentivize a county attorney to continue collecting delinquent court debt.  The threshold amounts, based on population, have changed for the higher populated counties. The bill changes the threshold dollar amount for a county with a population greater than 150,000 from $500,000 to $1 million. The bill changes the threshold dollar amount for a county with a population greater than 100,000 but not more than 150,000 from $400,000 to $600,000. The bill changes the threshold dollar amount for a county with a population greater than 50,000 but not more than 100,000 from $250,000 to $300,000. The remaining threshold amounts for the less populated counties are not changed by the bill and are specified in Code section 602.8107(4)(c)(2). 

After a county attorney's collection of delinquent court debt exceeds the threshold dollar amount and for the remainder of the fiscal year, the bill requires 5% of the distributable amount of court debt collected by the county attorney to be deposited with the office of the county attorney that collected the debt.  Under the bill, after exceeding the threshold dollar amount, 28% of the distributable amount of court debt collected by the county attorney will be deposited into the county general fund and 67% of the court debt remains to be paid to the clerk of the district court for distribution under Code section 602.8108. 

Beginning July 1, 2017, a county attorney who enters the collection program shall be required, within two years of beginning to collect delinquent court debt, to collect 100% of the applicable threshold amount.  A county attorney who has been in the collection program to collect delinquent court debt prior to July 1, 2016 shall be required to collect one hundred percent of the applicable threshold amount based on the collection amounts for FY 17.  This provision applies to all counties, including those counties where delinquent court debt is collected pursuant to a chapter 28E agreement with one or more counties.    

CHAPTER 28E AGREEMENT: Counties may enter into an agreement pursuant to Code chapter 28E with one or more other counties for the purposes of collecting delinquent court debt.  Any county that enters into a Code chapter 28E agreement with another county or counties, must collect an amount in excess of the applicable threshold dollar amount for that particular county in order to qualify for distribution of moneys county attorneys collect.  

STATE AUDITOR:  The bill requires the state auditor to review the collection rate for each county that has filed a notice of full commitment to collect delinquent court debt, and file a report of the results of the audit with the general assembly by January 1, 2018. The bill requires the state auditor to distribute such report to the judicial branch and to each county attorney who has filed a notice of full commitment to collect delinquent court debt. 

Effective July 1, 2016.
 

HF 2354—ELECTRONIC RECORDINGS OF MAGISTRATE PROCEEDINGS

An act relating to electronic recordings of court proceedings within a magistrate's jurisdiction. 

This bill requires that trials and contested hearings before a magistrate be electronically recorded unless a party provides a certified court reporter at such party's expense.  The electronic recordings are to be securely maintained consistent with the practices and procedures prescribed by the state court administrator and are to be retained for one year after entry of a final judgment in the trial court or until 30 days after final disposition, whichever is later. Transcripts from electronic recordings required for appeals are to be produced and paid for consistent with the practices and procedures prescribed by the state court administrator. 

Effective July 1, 2016. 

Criminal

HF 2064—SENTENCING REFORM

An act relating to the criminal offenses of child endangerment, robbery, and criminal drug offenses and providing penalties.  

CHILD ENDANGERMENT:  The bill requires the court to a determine a mandatory minimum sentence between 3/10 and 7/10 (15-35 years) of the maximum allowed sentence (50 years) for child endangerment causing death when there was an intentional act that caused the death.  At the time of sentencing, when determining the eligibility for parole or work release, the court is required to consider the person's criminal record, a validated risk assessment, and whether the offense involved multiple intentional acts, torture, or cruelty. Additionally, the bill extends the statute of limitations for child endangerment that results in bodily injury, serious injury, or death to 10 years after the child turns 18 or three years after the perpetrator is identified through DNA, whichever is later.  The current statute of limitations is three years from the time of the event.    

 

CERTAIN DRUG OFFENSES:  The bill requires that mandatory minimum sentence and parole eligibility for certain drug offenses be determined as follows: 

·         For convictions after July 1, 2016, at the time of sentencing the court must determine if a person convicted for certain drug offenses under section 124.401(1)(b) or (c) will be eligible for parole after serving 1/2 of the mandatory minimum sentence for the offense.  This excludes those drug offenses that involve any weapons or "super B" drug offenses prescribed in section 124.401(1)(a), or offenders who have committed previous drug offenses.  At the time of sentencing, when determining eligibility parole or work release, the court must consider all pertinent information, including the person's criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 

·         For convictions that occurred prior to July 1, 2016, a person serving a sentence for certain drug offenses under section 124.401(1)(b) or (c) will be eligible for parole after serving 1/2 of the mandatory minimum sentence for the offense, if they have not previously been convicted of a forcible felony, and they have not committed previous drug offenses.  When the board of parole considers the person for parole or work release, the board will consider all pertinent information including the person's criminal record, a validated risk assessment, and the negative impact the offense had on the victim or other person. 

HF 2064—SENTENCING REFORM (continued)

ROBBERY:  The bill creates a robbery in the third degree, which is a lesser degree of robbery under Iowa Code section 711.  If a person perpetrates a robbery and commits simple assault during that robbery, it will be robbery in the third degree.  Robbery in the third degree will be an aggravated misdemeanor with no mandatory minimum sentence.  Additionally, the bill requires the court to determine a mandatory minimum sentence between 1/2 and 7/10 (5-7 years) of the maximum allowed sentence (10 years) for robbery in the second degree.  At the time of sentencing when determining eligibility parole or work release, the court must consider all pertinent information, including the person's criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 

Effective July 1, 2016. 

HF 2271—IDENTITY THEFT

An act relating to the criminal offense of identity theft and providing penalties. 

The bill adds the term "other benefit" to the penalty language in Code section 715A.8(3) to make the language consistent with the elements of the crime of identity theft in Code section 715A.8(2).  The bill also amends the language in Code section 715A.9 relating to the calculation of the value of the identity theft to reflect the new language in Code section 715A.8.  The bill enhances the penalty for identity theft if the value of the credit, property, services, or other benefit obtained through identity theft exceeds $10,000 to a class "C" felony. The bill does not change the criminal penalty for identity theft where the value of the benefit obtained is $10,000 or less.  

Effective July 1, 2016. 

HF 2278—STATUTE OF LIMITATIONS:  KIDNAPPING AND HUMAN TRAFFICKING

An act relating to the limitations of criminal actions in kidnapping or human trafficking offenses and providing penalties. 

KIDNAPPING:  The bill provides that an information or indictment for kidnapping in the first degree, kidnapping in the second degree, or kidnapping in the third degree committed on or with a person who is under 18 years of age shall be found within 10 years after the person upon whom the kidnapping is committed attains 18 years of age.  

HUMAN TRAFFICKING:  The bill also provides that an information or indictment for any human trafficking offense in violation of Code section 710A.2, committed on or with a person who is under 18 years of age, shall be found within 10 years after the person upon whom the human trafficking offense is committed attains 18 years of age.  

DNA PROFILE:  The bill also provides that if a person against whom the indictment is sought is identified through the use of a DNA profile for a kidnapping or human trafficking offense described in the bill, an information or indictment shall be found within 10 years after the victim attains 18 years of age, or within three years from the date the person is identified by the person's DNA profile, whichever is later.  

The bill in part is in response to State v. Walden, 870 N.W.2d 842 (Iowa 2015). 

(See Miscellaneous, Office to Combat Human Trafficking page 19) 

  

Effective July 1, 2016. 

HF 2279—FIREARM SUPPRESSORS

An act relating to possessing and transferring firearm suppressors, providing penalties, and including effective date provisions. 

New Code section 724.1A establishes a process whereby a person may apply to the chief law enforcement officer of the jurisdiction where the person resides or maintains an address of record for a certification to make or transfer a firearm suppressor.  If the applicant's request for certification is denied, the bill specifies that the applicant may appeal the decision to the district court for the county in which the applicant resides or maintains an address of record. The court shall review the decision to deny the certification de novo. If the court finds that the applicant is not prohibited by law from making or transferring a firearm suppressor, and is not the subject of a proceeding that could result in such prohibition, or that no substantial evidence supports the decision of the chief law enforcement officer, the bill requires the court to order the chief law enforcement officer to issue the certification and award court costs and reasonable attorney fees to the applicant. If the court determines the applicant is not eligible to be issued a certification, the bill requires the court to award court costs and reasonable attorney fees to the political subdivision of the state representing the chief law enforcement officer.  The bill also provides that a person commits a class "D" felony if the person possesses a firearm suppressor and such possession is knowingly in violation of federal law. 

Effective March 31, 2016. 

HF2283—FIREARMS ON SNOWMOBILES

An act relating to carrying a firearm while operating or riding on a snowmobile  

The bill amends Code sections 321G.13(2) and 321I.14(2) to allow a person to operate or ride on a snowmobile with a loaded firearm, whether concealed or not.  If the person is on land they own or possess, and their conduct is otherwise lawful, they do not need a permit to carry weapons.  If the person is not on land that they own or possess, they need to be in possession of a valid permit to carry weapons and must display the permit to a peace officer on demand; in addition, the firearm needs to be in a secured retention holster upon the person, and their conduct must be within the limits of the permit to carry weapons.  The bill prohibits a person from discharging a firearm from a snowmobile, except if the person is lawfully hunting and the person is not operating or riding a moving snowmobile.

A person who violates Code section 321G.13(2) or 321I.14(2) commits a simple misdemeanor punishable as a scheduled fine in the amount of $100 pursuant to Code section 805.8B(2)(b)(3) or (2A)(b)(3), as applicable.

Effective July 1, 2016. 

HF 2401—FORGERY:  CREDIT CARD IN NAME OF MINOR

An act prohibiting persons from opening or using a credit card in the name of a minor without the consent of the minor's parent, guardian, or legal custodian, and providing criminal penalties. 

This bill creates new Code section 715A.6B to make it a public offense to apply for a credit card in the name of a minor without the consent of the minor's parent, guardian, or legal custodian. A person who violates this provision is guilty of a class "D" felony.  

The bill also makes it a public offense to use a credit card obtained in violation of the bill to secure or seek to secure property or services. A person who violates this provision is guilty of a class "C" felony if the value of the property or services secured or sought to be secured by means of the credit card is more than $10,000. A person is guilty of a class "D" felony if the value of the property or services secured or sought to be secured by means of the credit card is $10,000 or less. 

Effective July 1, 2016. 

SF 2022—CRIMINAL JURISDICTION OF THE SAC AND FOX INDIAN SETTLEMENT

An act relating to criminal jurisdiction on the sac and fox Indian settlement. 

This bill relates to the criminal jurisdiction of the Sac and Fox Indian settlement.  The bill specifies that the state of Iowa tenders to the United States any and all criminal jurisdiction which the state of Iowa has over criminal offenses committed by or against Indians on the Sac and Fox Indian settlement in Tama, Iowa. The bill further specifies that as soon as the United States accepts and assumes such criminal jurisdiction previously conferred to the state of Iowa or reserved by the state of Iowa, all criminal jurisdiction on the part of the state of Iowa over criminal offenses committed by or against Indians on the Sac and Fox Indian settlement in Tama, Iowa, shall cease. 

Effective July 1, 2016. 

SF 2115—INTERFERENCE WITH OFFICIAL ACTS AGAINST A JAILER

An act creating the criminal offense of interference with official acts against a jailer and providing penalties. 

A person who knowingly resists or obstructs anyone known by the person to be a jailer, in the performance of any act which is within the scope of the lawful duty or authority of that jailer, commits the crime of interference with official acts.  The bill defines "jailer" to mean a person who is employed by a county or other political subdivision of the state to work at a county jail or other facility used for purposes of the confinement of persons who have committed public offenses, but who is not a peace officer. 

The criminal offense for the commission of interference with official acts pursuant to the bill ranges from a serious misdemeanor through a class "C" felony depending upon the facts of the offense under Code section 719.1(2).  A person who assaults a jailer or an employee of a judicial district department of correctional services may also be punished pursuant to the existing provisions of Code section 708.3A. 

Effective July 1, 2016. 

SF 2116—SCHEDULE I SUBSTANCES

An act adding substances to schedule I of the controlled substance schedules and providing penalties. 

The bill adds ten synthetic cathinones and eight synthetic cannabinoids and acetyl fentanyl to the list of substances classified as schedule I controlled substances. The board of pharmacy has determined that these substances should be classified as schedule I controlled substances because each substance has a high potential for abuse and no accepted medical use in the United States. 

It is a class "C" felony pursuant to Code section 124.401(1)(c)(8) for any unauthorized person to violate a provision of Code section 124.401 involving a classified substance placed on schedule I under the bill. A class "C" felony for this particular offense is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $50,000. 

If a person possesses a controlled substance placed on schedule I under the bill, in violation of Code section 124.401(5) as a first offense, the person commits a serious misdemeanor.  

Effective July 1, 2016.
 

SF 2164—EXPUNGEMENT/CONTEMPT FINDINGS + DEFERRED JUDGMENT

An act relating to the expungement of criminal offenses for alcohol consumption in public, public intoxication, simulated public intoxication, or similar local ordinances, or when finding of contempt has been entered, including applicability provisions. 

This bill relates to the expungement of alcohol-consumption related local ordinance violations that arise out of the same transaction or occurrence as an Iowa Code section 123.46 offense, and it relates to findings of contempt as it relates to a deferred judgment. 

EXPUNGEMENT OF ALCOHOL-CONSUMPTION RELATED LOCAL ORDINANCE VIOLATIONS:  The bill provides that upon the expiration of two years following a section 123.46 conviction, a person may petition the court to expunge the conviction and any local ordinance violations that arose from the same transaction or occurrence as the section 123.46 conviction.  Those local ordinances include, but are not limited to, alcohol consumption in public, public intoxication, simulated public intoxication, etc.  If the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of Code chapter 321 during the two-year period, then the conviction and any violation that arose from the same transaction or occurrence shall be expunged as a matter of law.  After receipt of notice from the clerk of the district court that a record has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety, if such a record was maintained in the criminal history data files. 

Effective July 1, 2016. 

FINDINGS OF CONTEMPT AS IT RELATES TO A DEFERRED JUDGMENT:  The bill amends Code section 907.9 to provide that a finding of contempt shall not preclude the court from expunging the court's criminal record with reference to the deferred judgment.  Any finding of contempt will be expunged with the court's criminal record with reference to the related deferred judgment.  This amendment applies to any deferred judgment expunged prior to, on, or after the effective date of the bill.    

The judicial branch has until July 1, 2017, to implement the amendments to Code section 907.9. 

SF 2185—CRIMINAL TRESPASS/INVASION OF PRIVACY

An act relating to a criminal trespass that results in a violation of a person's expectation of privacy and modifying penalties for invasion of privacy. 

The bill amends Code section 716.7 to provide that a person commits criminal trespass if the person intentionally views, photographs, or films another person through the window or any other aperture of a dwelling, without legitimate purpose if the person being viewed, photographed, or filmed has a reasonable expectation of privacy, and if the person being viewed, photographed, or filmed does not consent to being viewed, photographed, or filmed.  The bill defines "film" to mean capturing moving images upon a membrane or digitally, and "reasonable expectation" as circumstances in which a reasonable person would believe that the person could disrobe or partially disrobe in privacy without the concern that they are being viewed or filmed when doing so.  A person who intentionally trespasses commits a serious misdemeanor punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.

The bill also modifies the penalty for invasion of privacy related to nudity under Iowa Code section 709.21, enhancing the penalty for violation of the section to an aggravated misdemeanor.

Effective July 1, 2016. 

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS

An act relating to the confidentiality of juvenile court records in delinquency proceedings. 

CONFIDENTIALITY OF JUVENILE RECORDS:  Under current law, juvenile court records in cases alleging delinquency are public records unless a judge either grants a request to make the records confidential or seals the records.  The bill in Code section 232.147(3) provides that juvenile court records are confidential and therefore are not public records except in cases alleging the commission of a delinquent act that would be a forcible felony if committed by an adult.

ACCESS TO CONFIDENTIAL JUVENILE RECORDS:  The bill and Code section 232.147(3) provide that unless an order sealing confidential juvenile records has been entered, confidential juvenile records may still be inspected, without a court order, only by the list of persons and entities specified in section 232.147(3).

The bill in new Code section 232.147(3A) provides that juvenile court records containing a petition or complaint alleging the commission of a delinquent act that would be a forcible felony if committed by an adult shall be public records unless subject to a confidentiality order under Code section 232.149A or a sealing order under Code section 232.150. However, the bill provides that such official records shall not be available to the public or any governmental agency through the internet or in an electronic customized data report unless the child has been adjudicated delinquent in the matter. Nevertheless, the bill provides that official juvenile court records may be disclosed without a court order through the internet or in an electronic customized data report prior to the child being adjudicated delinquent to those persons and entities specified in section 232.147(3A).

CONFIDENTIALITY OF TRANSCRIPTS: The bill in new Code section 232.147(3B) provides that if the court has excluded the public from a hearing pursuant to Code section 232.39 or 232.92, the transcript of the proceedings is not deemed a public record and inspection and disclosure of the contents of the transcript is not permitted except pursuant to a court order or unless otherwise provided in Code chapter 232.

USE OF ADJUDICATION OF DELINQUENCY FOR PENALTY ENHANCEMENTS OR EVIDENCE. The bill in new Code section 232.147(13) provides that the confidentiality of a final adjudication of delinquency under Code section 232.147 or pursuant to Code section 232.149A shall not prohibit the state from pleading or proving the adjudication at a subsequent criminal or delinquency proceeding for the purpose of penalty enhancement when a provision of the Code specifically deems the delinquency adjudication to constitute a final conviction.

The bill in new Code section 232.147(14) provides that the provisions of the bill shall not be construed to limit or restrict the production, use, or introduction of official juvenile court records in any juvenile or adult criminal proceeding, where such records are relevant and deemed admissible under any other provision of the law.

CONFIDENTIALITY OF RECORDS AND FILES OF CRIMINAL OR JUVENILE JUSTICE AGENCIES: Under current law, records and files of a criminal or juvenile justice agency concerning a child involved in a delinquent act are public records, subject to certain exceptions. The bill in Code section 232.149 provides that the records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confidential. The bill further provides that the records of an intake officer or juvenile court officer containing a dismissal of a complaint or an informal adjustment of a complaint when no petition is filed relating to the complaint, shall not be available to the public, but may be disclosed to those persons and entities specified in 232.149(5).

 

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS (continued)

CONFIDENTIALITY ORDERS:  The bill in Code section 232.149A provides that a court shall order juvenile court records alleging the commission of a delinquent act that would be a forcible felony if committed by an adult to be confidential if the court finds that the case has been dismissed and the person is no longer subject to the jurisdiction of the juvenile court and that the child's interest in making the records confidential outweighs the public's interest in the records remaining public records. The bill in Code section 232.11 provides that a child has the right to be represented by counsel at a hearing on a confidentiality order under Code section 232.149A.

PUBLIC RECORDS HEARINGS:  The bill enacts new Code section 232.149B, which provides that a person may apply for a court order to make confidential juvenile court records public. The bill provides that a rebuttable presumption exists that official juvenile court records shall remain confidential. The bill provides that the court shall order the official juvenile court records in such a delinquency proceeding to be public records if either the public's interest in making the records public outweighs the juvenile's interest in maintaining the confidentiality of the records or the juvenile has been placed on youthful offender status pursuant to Code sections 232.45(7) and 907.3A(1) and will be transferred back to the district court for sentencing prior to the child's 18th birthday. The court may order the official juvenile court records in such a delinquency proceeding to be public records if the juvenile has been subsequently adjudicated delinquent for a public offense that would be a serious misdemeanor, aggravated misdemeanor, or felony offense if committed by an adult, or another delinquency proceeding is pending seeking such an adjudication. The bill provides that records subject to a public records order may be sealed at a later date pursuant to Code section 232.150.  The bill in Code section 232.11 provides that a child has the right to be represented by counsel at a hearing on a public records order under Code section 232.149B.

RIGHT TO REVIEW AND RELEASE A CONFIDENTIAL COMPLAINT: The bill provides that delinquency complaints shall be released in accordance with Code section 915.25.  The bill amends Code section 915.25 to provide that such a complaint is confidential unless the complaint alleges that the child committed a delinquent act that if committed by an adult would be a forcible felony.  However, the bill authorizes state and local enforcement officials to release a confidential complaint against a child if the child is at large and doing so is deemed necessary for the protection of the public or the safety of the child.  If the complaint is not confidential because the alleged delinquent act is an act that would be a forcible felony if committed by an adult, the court, its designee, or law enforcement officials may release such complaint, including the identity of the child.

The bill provides that an intake or juvenile court officer shall disclose to the alleged victim of a delinquent act, upon request, the complaint, the name and address of the child who allegedly committed the delinquent act, and the disposition of the complaint. The intake or juvenile court officer shall provide notice to the victim as required by Code section 915.24.

SEALING OF JUVENILE COURT RECORDS UNAVAILABLE FOR OPERATING-WHILE-INTOXICATED VIOLATIONS:  New Code section 232.150(4) provides that the court shall not seal a person's juvenile court records if the person was adjudicated delinquent for violating Code section 321J.2, which prohibits the operation of a motor vehicle while under the influence of alcohol or a drug.

RELEASE OF CONFIDENTIAL RECORDS: The bill provides that a public record that is confidential under the provisions of Code chapter 232 shall only be subject to release upon order of a court in a proceeding under Code chapter 232.

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS (continued)

EXISTING CONFIDENTIALITY EXEMPTIONS:  The bill retains certain existing exemptions to confidentiality of juvenile court records. Pursuant to Code section 692A.121(8), records concerning sex offense convictions that are committed by minors may be released in the same manner as records of convictions of adults. Pursuant to Code section 915.10A, information concerning a juvenile charged with a felony offense may be released pursuant to an automated victim notification system. Under the bill, these exemptions to confidentiality are not amended and therefore still apply to juvenile court records.

APPLICABILITY:  The bill applies to juvenile delinquency proceedings which are pending or arise on or after July 1, 2016.

Effective July 1, 2016. 

Juvenile and Family Law

HF 2270—DEFINITION OF PARENT

An act including fathers whose paternity has been lawfully established in the definition of parent for the purposes of juvenile justice proceedings. 

This bill amends the definition of "parent" under Code chapter 232 to provide that in addition to a biological or adoptive mother or father of a child, the definition includes a father whose paternity has been established by operation of law due to the individual's marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, or by administrative order when authorized by state law. The definition retains the current provision that "parent" does not include a mother or father whose parental rights have been terminated.

Effective July 1, 2016. 

HF 2282—GAL IN ADOPTION PROCEEDINGS

An act relating to the appointment of guardian ad litem in an adoption proceeding. 

Under the bill, an adoption petition must state whether a GAL should be appointed for a minor child to be adopted, and if not, the reasons why a GAL should not be appointed.  Prior to ordering a hearing on the adoption petition, the court must determine the need for a GAL for a minor child to be adopted and, in writing, either appoint or waive the appointment of a GAL for purposes of the adoption proceeding in the order setting the adoption hearing.

Effective July 1, 2016. 

HF 2386—SEXUAL ABUSE TPR

An act relating to grounds for termination of parental rights of an individual relative to sexual abuse. 

This bill provides conception as a result of sexual abuse as a ground for termination of parental rights under Code chapters 232 and 600A.8.  Specifically, if the court finds there is clear and convincing evidence that the child was conceived as the result of sexual abuse, and the biological parent against whom the sexual abuse was perpetrated requests termination of the parental rights of the biological parent who perpetrated the sexual abuse, then the court may order the termination of the parental rights of the perpetrator.

Effective July 1, 2016. 

SF 2233—UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT

An act creating the uniform deployed parents custody and visitation act, and repealing current code provisions relating to parents on active military duty. 

The bill repeals two existing sections of the Code relating to modification of child custody or physical care for a parent serving active duty, and creates the "Uniform Deployed Parents Custody and Visitation Act" to provide a uniform interstate process for deployed parents to affect the custody and visitation of their children.

Responding to the critical need for uniformity and for efficient and just resolution of custody issues when a service member deploys, the Uniform Law Commission drafted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA) in 2012. The goal of the UDPCVA is to facilitate expeditious and fair disposition of cases involving the custody rights of a member of the military. The UDPCVA ultimately promotes a just balance of interests—protecting the rights of the service member, the other parent, and above all the best interest of the children involved.

Article I contains definitions and provisions that apply generally to custody matters of service members. It includes a notice provision requiring parents to communicate about custody and visitation issues as soon as possible after a service member learns of deployment.  Article I provides for jurisdiction of a court if the court has jurisdiction under Code chapter 598B, the uniform child-custody jurisdiction and enforcement act.  Additionally, the article also provides that when imminent deployment is not an issue, a court may not use a parent's past deployment or possible future deployment itself as a negative factor in determining the best interests of the child during a custody proceeding.

Articles II and III apply to custody issues that arise on notice of and during deployment. Article II sets out a procedure for parents who agree to a custody arrangement during deployment to resolve these issues by an out-of-court agreement.  In the absence of the parents reaching an agreement, article III provides for an expedited resolution of a custody arrangement in court.  Article III also declares that no permanent custody order can be entered before or during deployment without the service member's consent.

Article IV governs termination of the temporary custody arrangement following the service member's return from deployment. This article contains different procedures that apply when the parents:  (1) mutually agree that a temporary custody agreement should be terminated, (2) mutually agree that a temporary custody order entered by a court should be terminated, and (3) reach no agreement regarding the termination of the temporary custody arrangement and require a court to resolve whether a return to the permanent custody arrangement is appropriate.

Article V, provides that in applying and construing the new Code chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. The bill specifies the relationship of the provisions of the bill to the federal Electronic Signatures in Global and National Commerce Act, and provides that the bill does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before July 1, 2016.

Effective July 1, 2016. 

 

SF 2258—CHILD WELFARE

An act concerning child welfare, including provisions relating to children under the custody, control, and supervision of the department of human services and provisions relating to children who are sex trafficking victims. 

This bill concerns child welfare, including provisions relating to children under the custody, control, and supervision of the department of human services (DHS) and provisions relating to children who are, or who are at risk of becoming, victims of sex trafficking.

CASE PERMANENCY PLAN: The bill amends the definition of case permanency plan under Code section 232.2, to provide that if the child is 14 years of age or older, the case permanency plan shall be developed in consultation with the child and, at the option of the child, up to two persons chosen by the child shall be members of the child's case planning team if such persons are not a foster parent of, or caseworker for, the child.  DHS may reject a person selected by a child to be a member of the child's case planning team at any time if the DHS has good cause to believe that the person would not act in the best interests of the child. One person selected by a child to be a member of the child's case planning team may be designated to be the child's advisor and, if necessary, advocate for certain purposes. The plan shall also include any issues relating to the application of the reasonable and prudent parent standard, as defined in the bill, and the child's participation in certain activities while in foster care.

TRANSITION SERVICES PLAN:  A case permanency plan includes a written transition plan of services for a child who is 16 years of age or older.  The bill amends this requirement to require a written transition plan for a child who is 14 years of age or older and requires the services plan to include information on supports, activities, and referrals to programs that would assist the child in transitioning from foster care to adulthood.  The bill requires the written transition plan to include money management among other areas of need to aid in the child's successful transition to adulthood from foster care, and that the transition plan shall be reviewed and updated at a minimum of every six months.  As a part of the transition services plan, DHS is required, on or before the date the child reaches the age of 18, to provide the child with a certified copy of the child's birth certificate, social security card, and driver's license or government-issued non-operator's identification card, unless the child has been placed in foster care for less than six months.

PERMANENCY HEARING—OTHER PLANNED PERMANENT LIVING ARRANGEMENTS:  A court order for an out-of-home placement of a child includes a determination by the court in a permanency hearing that continuation of the child in the child's home is contrary to the child's welfare.  The bill amends the option for the court after a permanency hearing to order another planned permanent living arrangement to only allow such option if the child is 16 years of age or older, and provides guidelines for the court to follow if the court enters such an order.

CHILD ABUSE—SEX TRAFFICKING:  The bill includes the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of commercial sexual activity as defined in Code section 710A.1 in the definition of "child abuse" under Code section 232.68.

 

 

SF 2258—CHILD WELFARE  (continued)

CHILD SEX TRAFFICKING REPORTING PROCEDURES:  If DHS has reasonable cause to believe that a child under the placement, care, or supervision of the department is, or is at risk of becoming, a sex trafficking victim as defined in the bill, DHS is required to identify the child as a sex trafficking victim or at risk of becoming a sex trafficking victim, refer the child for appropriate services, and refer the child within 24 hours to the appropriate law enforcement agency.  DHS is also required to report a child who is reported as missing or abducted to law enforcement and to the national center for missing and exploited children within 24 hours after receipt of the report.

TRANSFER OF LEGAL CUSTODY OF CHILD AND PLACEMENT:  If the court after a dispositional hearing transfers the legal custody of a child to DHS, and the child is placed in a juvenile shelter care home or with an individual or agency for foster care, DHS is required to assign decision-making authority to the juvenile shelter care home, individual, or agency for the purpose of applying the reasonable and prudent parent standard during the child's placement.  A child placed in foster care is entitled to participate in certain activities, and a court is required to make a finding at all review hearings to address the child's participation in such activities.

REASONABLE AND PRUDENT PARENT STANDARD:  The bill defines "reasonable and prudent parent standard" for purposes of certain decision-making regarding children placed in foster care and provides an immunity provision to DHS, or any individual, agency, or juvenile shelter care home under Code chapter 237 that applies the standard reasonably and in good faith.

DRUG ENDANGERED CHILDREN WORKGROUP:  The bill establishes a stakeholder workgroup in the governor's office of drug control policy to examine issues and develop policy recommendations relating to the protection and safety of drug-endangered children during the 2016 legislative interim.  The workgroup shall request and review relevant data and outcome measures and propose a statutory definition of drug-endangered children for the purposes of child in need of assistance and child abuse proceedings.  The judicial branch will be represented as one of the 15 voting members on the workgroup.

Effective July 1, 2016. 

SF 2288—CONFIDENTIALITY OF JUVENILE RECORDS

An act relating to the confidentiality of juvenile court records in delinquency proceedings. 

(See Criminal Law, Confidentiality of Juvenile Records pages 10-12.)

Effective July 1, 2016.
 

Mental health

SF 2259—FAILURE TO COMPLY WITH MENTAL HEALTH OUTPATIENT ORDER

An act concerning treatment of a person with a serious mental impairment who fails to comply with an outpatient treatment order. 

The bill relates to a person who is under a court order to undergo outpatient treatment for mental illness upon the conclusion of an involuntary hospitalization proceeding. The bill provides that if the respondent fails to comply with the course of treatment and that failure results in behavior by the respondent which, in the opinion of the respondent's mental health professional, is likely to result in physical injury to the respondent's self or others if allowed to continue, the respondent's mental health professional is required to notify the committing judge, if available, or the committing court. The committing judge or court shall enter a written order directing that the respondent be taken into immediate custody by the appropriate sheriff or sheriff's deputy.

Once in protective custody, the respondent shall be given the choice of being treated by the appropriate medication, which may include the use of injectable antipsychotic medicine by a mental health professional or being placed for treatment under the care of a hospital or other suitable facility for inpatient treatment. If the respondent chooses to be treated but the mental health professional determines that the respondent's behavior continues to be likely to result in physical injury to the respondent's self or others if allowed to continue, the mental health professional is required to notify the committing court or judge who shall order the respondent be taken into immediate custody. Following notice and hearing held in accordance with the procedures in Code section 229.12, the court may order the respondent treated on an inpatient basis requiring full-time custody, care, and treatment in a hospital.

Effective July 1, 2016.
 

Miscellaneous

HF 2265—ADDRESS CONFIDENTIALITY PROGRAM:  LEGAL PROCEEDINGS

An act relating to the disclosure of a confidentiality program participant's address in certain legal proceedings. 

The "Safe at Home" program was established in the office of the secretary of state for victims of domestic abuse, domestic abuse assault, sexual abuse, stalking, and human trafficking.  (See 2015 Acts, ch 96).  The bill provides that a person shall not be compelled to disclose a program participant's address during discovery or during a proceeding before a court or other tribunal unless the court or other tribunal finds there is a reasonable belief that the address is needed to obtain information or evidence without which the investigation, prosecution, or litigation cannot proceed and there is no other practicable means of obtaining the information or evidence.  

The court shall notify the program participant that the disclosure of the program participant's address is sought and provide the program participant an opportunity for a hearing to present evidence regarding the potential harm to the program participant's safety if the program participant's address is disclosed. In determining whether to compel disclosure, the court or other tribunal shall consider whether the potential harm to the safety of the program participant is outweighed by the interest of disclosure. In a criminal proceeding, the court or other tribunal shall order disclosure of a program participant's address if protecting the program participant's address would violate a defendant's constitutional right to confront a witness. Disclosure is limited under the terms of the order by the court or other tribunal to ensure that the disclosure and dissemination of the address will be no wider than necessary for the purposes of the investigation, prosecution, or litigation. 

The bill provides that the court or other tribunal is not prevented from issuing a protective order to prevent disclosure of information other than the program participant's address that could reasonably lead to the discovery of the program participant's location. 

Effective July 1, 2016. 

SF 378—DEFENSE COSTS OF PEACE OFFICERS

An act relating to reimbursement of defense costs of peace officers and corrections officers. 

The bill expands the type of peace officer who is entitled to reimbursement of certain defense costs when charged with an alleged commission of a public offense within the scope of the officer's duty and moves Code section 80.37 to new Code section 80F.2. The bill adds to the definition of "peace officer" the following: a sheriff and sheriff's regular deputy who is subject to mandated law enforcement training, marshal and police officer of a city, parole officer acting pursuant to Code section 906.2, probation officer acting pursuant to Code sections 602.7202(4) and 907.2, peace officer employed by board of regents institutions as set forth in Code section 262.13, conservation officer as authorized by Code section 456A.13, employee of the department of transportation designated as a peace officer by resolution of the department under Code section 321.477, employee of an aviation authority designated as a peace officer by the authority under Code section 330A.8(16), and such person as may be otherwise so designated by law.  The bill also provides that a corrections officer is entitled to reimbursement of certain defense costs in the same manner as a peace officer.  

Effective July 1, 2016. 

SF 2162—DIA  ELECTRONIC FILING SYSTEM

An act providing for the use of an electronic filing system for administrative proceedings by the administrative hearings division of the department of inspection and appeals. 

This bill permits the administrative hearings division of the department of inspections and appeals to adopt administrative rules establishing an electronic filing system for contested case and other administrative proceedings conducted by the division, notwithstanding Code sections 10A.801(7)(b), and 554D.120.  The rules would also prescribe whether and to what extent the division will accept, process, distribute, and retain electronic records and electronic signatures from appellants, governmental agencies, and other persons with respect to such proceedings. 

An electronic record that complies with rules adopted under the bill shall prevail over any law, including Code chapter 17A, that requires a written record, and an electronic signature that complies with such rules shall prevail over any law that requires a written signature. The bill provides that an electronic record maintained in an electronic filing system established by the division shall be the official record of the contested case and maintenance of the record in the system shall satisfy the obligation of an agency to file and maintain any such record. 

Effective July 1, 2016. 

SF 2191—OFFICE TO COMBAT HUMAN TRAFFICKING

An act establishing an office within the department of public safety to oversee efforts to combat human trafficking. 

This bill establishes an office within the department of public safety to oversee and coordinate efforts to combat human trafficking in this state.   The bill directs the commissioner of public safety to appoint a coordinator to staff the office.  Additional staff may be hired, subject to the availability of funding. 

The office shall serve as a point of contact for anti-human trafficking activity in Iowa. The office shall:  

·         Consult with and work jointly with other governmental agencies and nongovernmental or community organizations that have expertise in the areas of human trafficking prevention, victim protection and assistance, law enforcement, and prosecution to combat human trafficking in the state.  

·         Develop strategies to collect and maintain criminal history data on incidents related to human trafficking and to share victim and offender data among governmental agencies.  

·         Apply for or assist other governmental agencies, as assistance is needed, to apply for grants to support human trafficking enforcement, prosecutions, trainings, and victim services.  

·         Research and recommend trainings to assist governmental agencies to identify and respond appropriately to human trafficking victims.  

·         And take any other steps necessary to oversee and coordinate efforts to combat human trafficking in Iowa. 

The bill requires the office, by November 1, 2017, and annually thereafter, to submit a written report to the general assembly regarding the office's activities related to combatting human trafficking and occurrences of human trafficking in Iowa. 

Effective July 1, 2016. 

PROBATE

HF 2335—TRUST CODE CHANGES + POWERS UNDER A POWER OF ATTORNEY

An act relating to civil law provisions, including,notice and document delivery under the trust code, the powers of an agent under a power of attorney, and liability for refusing to accept an acknowledged power of attorney. 

DIVISION II—TRUST CODE NOTICE AND DOCUMENT DELIVERY REQUIREMENTS:  The bill provides that notice and the sending of a document related to proceedings under the Iowa trust code shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice and document delivery include first-class mail, personal delivery, and properly directed electronic mail.  If notice is served via United States mail, service is made and completed when the notice is enclosed in a sealed envelope with proper postage paid, addressed to the interested party at the last known address, and deposited in a mail receptacle provided by the United States postal service. 

The bill provides that in the case of a proceeding against an unknown person whose address or whereabouts are unknown, the court shall prescribe that notice may be served by publication within the time and in the manner provided by the rules of civil procedure. 

The bill provides that a person entitled to notice or the receipt of documents under Code chapter 633A may waive such rights. 

Applies to notices and documents sent on or after July 1, 2016, regarding trusts in existence on or created after July l, 2016. 

DIVISION III—POWERS OF AN AGENT UNDER A POWER OF ATTORNEY. 

LIABILITY FOR REFUSING TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY:  The bill provides that a person who refuses to accept an acknowledged power of attorney may be subject to liability for damages and reasonable attorney fees and costs. 

POWERS OF ATTORNEY AUTHORITY:  The bill provides that the general authority of a power of attorney with respect to real property includes the right to the transfer or release of any and all of the principal's homestead rights under Code section 561.13 and Code chapter 597. 

Under current Code section 633B.201, an agent's power to disclaim property must be specifically granted in the power of attorney.   The bill strikes the general power in Code section 633B.211(2)(h)—which grants general authority with respect to estates, trusts, and other beneficial interests and authorizes an agent to reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest—and therefore an agent cannot disclaim property on behalf of a principal unless the power of attorney specifically grants such power. 

The bill provides that, unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to create and fund a medical assistance income trust as defined in Code section 633C.1, also known as a "Miller trust," or a similar trust that is authorized under the applicable law of another jurisdiction in which the principal is a resident. 

  

Effective April 13, 2016, and applies retroactively to July 1, 2014. 

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