HF 2787

House
File
2787
-
Enrolled
House
File
2787
AN
ACT
PROHIBITING
WARRANT
RESOLUTION
CLINICS,
INCLUDING
ENFORCEMENT
MECHANISMS,
PROVIDING
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
804.32
Warrant
resolution
clinics
prohibited.
1.
As
used
in
this
section,
“warrant
resolution
clinic”
means
a
prearranged,
formal
or
informal,
advertised
event
designed
to
allow
individuals
with
outstanding
arrest
warrants
to
appear
and
resolve
such
warrants
without
being
subject
to
immediate
arrest
and
custodial
processing.
2.
An
entity,
organization,
county
attorney,
law
enforcement
agency,
judicial
officer,
nonprofit
organization,
or
any
other
person
shall
not
organize,
sponsor,
host,
fund,
promote,
or
participate
in
a
warrant
resolution
clinic.
House
File
2787,
p.
2
3.
A
person
who
has
an
outstanding
warrant
for
the
person’s
arrest
shall
only
resolve
such
warrant
by
any
of
the
following:
a.
Surrendering
to
a
peace
officer
or
at
a
law
enforcement
agency.
b.
Appearing
at
a
scheduled
court
hearing
as
directed
by
a
magistrate
or
judge
under
standard
judicial
procedures.
c.
Through
a
written
or
oral
motion
made
in
an
individual,
pending
case,
with
notice
provided
to
the
prosecuting
attorney,
and
ruled
on
by
the
court
under
standard
judicial
procedures
in
the
ordinary
course
of
the
case,
and
not
as
part
of
any
event,
program,
or
arrangement
prohibited
by
this
section.
4.
The
use
of
public
funds
or
facilities
for
the
purpose
of
hosting
a
warrant
resolution
clinic
is
strictly
prohibited.
5.
A
person
shall
not
evade
or
attempt
to
evade
the
prohibitions
of
this
section
by
conducting
a
substantially
equivalent
program,
event,
or
arrangement
under
a
different
name,
structure,
or
designation.
A
program,
event,
or
arrangement
is
substantially
equivalent
if
its
primary
purpose
or
practical
effect
is
to
allow
individuals
with
outstanding
arrest
warrants
to
appear
and
resolve
those
warrants
without
being
subject
to
immediate
arrest
and
custodial
processing.
Evidence
that
a
program
is
substantially
equivalent
includes
but
is
not
limited
to:
a.
Block-scheduling
or
clustering
warrant
cases
on
a
single
docket
day
with
an
explicit
or
implicit
understanding
that
attending
individuals
will
not
be
subject
to
immediate
arrest.
b.
Advertising
or
communicating
to
individuals
with
outstanding
warrants
that
they
may
appear
at
a
particular
time
and
place
to
resolve
warrants
without
risk
of
arrest.
c.
Coordinating
between
law
enforcement,
court
personnel,
attorneys,
or
community
organizations
to
facilitate
noncustodial
warrant
resolution
outside
of
standard
judicial
procedures.
6.
A
violation
of
this
section
is
subject
to
the
following
penalties:
a.
(1)
A
public
official
or
employee
who
knowingly
violates
this
section
commits
a
simple
misdemeanor.
(2)
In
addition
to
the
penalty
provided
in
subparagraph
(1),
a
public
official
or
employee
who
knowingly
violates
this
House
File
2787,
p.
3
section
is
also
subject
to
removal
from
office
or
employment
pursuant
to
applicable
law.
b.
A
private
person
that
knowingly
organizes,
sponsors,
hosts,
or
funds
a
warrant
resolution
clinic
or
substantially
equivalent
program
in
violation
of
this
section
commits
a
simple
misdemeanor
and
is
also
subject
to
a
civil
penalty
of
not
more
than
ten
thousand
dollars
per
violation,
recoverable
by
the
attorney
general
in
an
action
in
district
court.
7.
Any
person
may
report
a
suspected
violation
of
this
section
to
the
office
of
the
attorney
general.
Upon
receipt
of
a
report
or
upon
the
attorney
general’s
own
initiative,
the
attorney
general
may
investigate
suspected
violations
and
may
bring
a
civil
enforcement
action
in
district
court
seeking
injunctive
relief,
civil
penalties
as
provided
in
subsection
6,
and
recovery
of
costs
and
reasonable
attorney
fees.
The
attorney
general
shall
establish
a
procedure
for
receiving
and
reviewing
reports
under
this
subsection
and
shall
make
such
procedure
publicly
available.
8.
Any
resident
of
a
county
in
which
a
warrant
resolution
clinic
or
substantially
equivalent
program
is
conducted
or
planned
in
violation
of
this
section
may
bring
a
civil
action
in
district
court
to
do
any
of
the
following:
a.
Obtain
injunctive
or
declaratory
relief
to
prevent
or
restrain
the
violation.
b.
Recover
actual
damages,
if
any.
c.
Recover
reasonable
attorney
fees
and
court
costs
if
the
plaintiff
substantially
prevails.
9.
In
addition
to
any
other
penalty,
any
county
organizing,
sponsoring,
hosting,
funding,
promoting,
or
participating
in
a
warrant
resolution
clinic
shall
not
receive
any
funds
having
their
origin
in
court
debt,
as
defined
in
section
602.8107,
including
but
not
limited
to
fees
or
remittances
arising
from
or
related
to
the
collection
of
past
due
fines
and
fees
constituting
court
debt.
10.
This
section
preempts
and
supersedes
any
ordinance,
resolution,
policy,
rule,
or
other
action
by
a
city,
county,
or
other
political
subdivision
of
this
state
that
authorizes,
permits,
funds,
or
facilitates
a
warrant
resolution
clinic
or
any
substantially
equivalent
program,
event,
or
arrangement
as
House
File
2787,
p.
4
described
in
this
section.
No
political
subdivision
of
this
state
shall
enact
or
enforce
any
provision
that
conflicts
with
or
purports
to
authorize
conduct
prohibited
by
this
section.
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2787,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor