Female Genital Mutilation: Felony or misdemeanor?

Female Genital Mutilation: Felony or misdemeanor?

Gazette Column
Committee work in the Iowa House and Senate has produced differing views on what should happen to those who engage in female genital mutilation. Legislation to prohibit the heinous practice of 'female cutting” is advancing in the Iowa Legislature, with bills now reported out of the judiciary committees in both chambers. That's the good news. The caveat is the bills have diverged, with the Senate bill continuing to call for felony prosecutions and the House bill reducing the offense to an aggravated misdemeanor. Both bills have continued language to protect only juveniles from such procedures. In addition, the Legislative Services Agency has filed fiscal reports in an attempt to show the state's cost in enacting such laws. Senate File 346 was reported out of committee on Feb. 21, with its…
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#EndFGM — New Iowa bill for ‘Day of Zero Tolerance’

#EndFGM — New Iowa bill for ‘Day of Zero Tolerance’

Gazette Column
Today is the International Day of Zero Tolerance for Female Genital Mutilation. So it is appropriate that members of the Iowa House have begun work on a bipartisan bill that would ban the heinous cultural practice in the Hawkeye State. Iowa Rep. Steve Holt, R-Denison, chairman of the House Judiciary Committee, introduced House Study Bill 115 this week and assigned it to an all-female subcommittee consisting of Megan Jones, R-Sioux Rapids, Ashley Hinson, R-Marion, and Liz Bennett, D-Cedar Rapids. The introductory language of this bill is nearly identical to House File 63, which had been introduced last month by seven Democrats. Currently, the offering makes non-medical female genital mutilation procedures as well as trafficking girls for such procedures Class D felonies. This is the lowest tier of felonies in Iowa,…
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Not too late to join the work of the SET Task Force

Not too late to join the work of the SET Task Force

Gazette Column
Many sparks needed to ignite a fire of change Members of the Safe, Equitable and Thriving Communities Task Force held their first comprehensive public meeting Thursday night since releasing their final report and recommendations last February, and an important perspective was missing — yours. The SET Task Force, as it is called, was formed in the fall of 2015, a collaborative and community effort endorsed by the Cedar Rapids Community School District, city and county. Cedar Rapids and the metro area was reeling at that time due to a variety of violent crimes, in particular a rash of “shots fired” incidents. But it was the shooting death of Aaron Richardson, a 15-year-old, by Robert Humbles, a then 14-year-old, near Redmond Park in September 2015 that ultimately coalesced political will and led…
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Time to stop the Chicago blame game

Time to stop the Chicago blame game

Featured, Gazette Column
There’s a persistent rumbling of how Chicago transplants are to blame for just about every negative trend in Eastern Iowa. Perhaps you’ve heard it? The lack of affordable housing in our communities, as well as the strain on local social services organizations, according to the rumbles, is because people from Chicago are moving here and jumping to the front of the line. Incidents of violence are skyrocketing, they say, because Chicago transplants are bringing gang activity, guns and illicit drugs with them. Even if violence and mayhem isn’t the intent, there’s a cultural divide between small city Iowa and big city Illinois that’s impossible to cross. And, perhaps worst of all, the rumbles single out people from Chicago’s south side as instigators of neighborhood corruption, which is too often a…
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Oklahoma provides template for pipeline protest backlash

Oklahoma provides template for pipeline protest backlash

Gazette Column
Dakota Access Pipeline protests have sparked changes to the Oklahoma criminal trespass code. The measures could become boilerplate bills for other jurisdictions. The Oklahoma bill, signed into law this week and immediately effective, mandates steep fines and jail time for those convicted of trespassing at “critical infrastructure facilities” with intent to hinder operations. Such facilities include pipelines, chemical plants, railways, oil refineries and other industrial locations, reports Dale Denwalt of The Oklahoman. Those who trespass, regardless of intent, face at least a $1,000 fine. (The law doesn’t set an upper limit.) If intent to disrupt is found, the trespasser faces a $10,000 fine and up to a year in jail. Those found guilty of “damaging, vandalizing, defacing or tampering” while trespassing face $100,000 in fines and up to 10 years…
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Stalking law changes need to go further

Stalking law changes need to go further

Gazette Column
Iowa Senate members took a significant step last week to improve Iowa’s lackluster stalking definition, but more should be done to align the law with technological realities. Senate File 468 passed unanimously (49-0) on March 21, and is now before the House Judiciary Committee. The bill updates the definition of criminal stalking by loosening a requirement that victims must personally fear bodily injury or death. If the bill is approved, the definition would include what would cause “what would cause a reasonable person” to feel frightened or terrorized for herself or immediate family members. In addition, electronic surveillance is explicitly noted within the statute as an action that can constitute stalking. Sen. Kevin Kinney, an Oxford Democrat and retired deputy sheriff with a wealth of experience combating human trafficking and…
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Another step toward justice

Another step toward justice

Gazette Column
Iowa Supreme Court says juveniles can't sentenced to life without possibility of parole As more fallacies of the nation’s “tough on crime” era are exposed, juvenile justice must continue to evolve. On May 27, the Iowa Supreme Court once again stood on the right side of history. But this case, unlike same-sex marriage, produced only minor ripples within the public consciousness. Perhaps this was because the opinion arrived before a three-day weekend. Or maybe it was because the ruling concerned people we’ve been told are lost causes. Regardless, I spent most of the day reading and digesting the split ruling and its companion dissents and concurring opinions. It took time to absorb that no Iowa juvenile offender will ever again be sentenced to life without the possibility of parole. Our…
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Should punishment fit the crime or the risk?

Should punishment fit the crime or the risk?

Gazette Column
A bill intended to drastically reform punishment for domestic violence has quickly moved through the legislature this year. While good-intentioned, it opens the door for use of risk assessments in sentencing, and uses ineffective mandatory minimums. House File 2399 passed the Iowa House in March, 82-12. It was amended by the Senate to expand the definition of stalking, include GPS monitoring as stalking and classify dating violence as domestic abuse before being passed unanimously on April 6. The Senate also included mandatory-minimum punishments for stalking, harassment and repeat offenders. The House must take up the amended version before it is passed to Gov. Terry Branstad’s desk. The bill, according to the Legislative Services Agency, would require abusers to undergo mandatory risk assessment. The assessment would be developed and validated by…
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Postville’s Rubashkin has criminal case expunged

Postville’s Rubashkin has criminal case expunged

Gazette Column
This can’t be what Iowa lawmakers had in mind when they agreed last year to make some criminal records private. The legislature created a new section of the Iowa Code, 901C, to keep certain criminal records private if the defendant was acquitted or found not guilty. There are, of course, caveats. All court costs and fines must be paid in full. The case must be at least 180 days old, and the not guilty verdict cannot be due to a finding of insanity or incompetency. But, if the criteria is met, beginning on Jan. 1, interested case parties could petition to have a criminal case hidden from public records. The law change was necessary, advocates said, because the Internet makes court information more readily available. Every day, they argued, Iowans…
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DNR: How do we reduce booze issues?

DNR: How do we reduce booze issues?

Gazette Column
As Johnson County residents hoping to visit the Lake Macbride beach area learned this past July, it takes only a few to ruin things for everyone. After two large fights resulted in arrests for public intoxication and assault, the Iowa Department of Natural Resources chose to close the beach area early — 6 p.m. instead of 10:30 p.m. — effectively preventing many working families from enjoying the water during one of the hottest stretches of the summer. Park Ranger Gwen Prentice pointed to several incidents of rowdy activity at the time that she suspected were fueled by alcohol consumption. Although no news-making fights happened at Palo beach in Linn County, it also was closed early to curtail problems involving alcohol. Across the state — despite awareness campaigns and a beverage…
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