Bill Text: IA HF2270 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 2270 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to kidnapping in the second degree, and providing penalties. (Formerly HSB 541.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-04 - Withdrawn. H.J. 748. [HF2270 Detail]

Download: Iowa-2017-HF2270-Introduced.html


House File 2270 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 541)

                                      A BILL FOR

  1 An Act relating to kidnapping in the second degree, and
  2    providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5455HV (2) 87
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PAG LIN



  1  1    Section 1.  Section 710.3, Code 2018, is amended to read as
  1  2 follows:
  1  3    710.3  Kidnapping in the second degree.
  1  4    1.  Kidnapping where the purpose is to hold the victim
  1  5 for ransom, or where the kidnapper is armed with a dangerous
  1  6 weapon, or where the victim is under eighteen years of age
  1  7 other than a kidnapping by a parent or legal guardian whose
  1  8 sole purpose of the kidnapping is to assume custody of a victim
  1  9 under eighteen years of age, is kidnapping in the second
  1 10 degree. Kidnapping in the second degree is a class "B" felony.
  1 11    2.  For purposes of determining whether the person should
  1 12 register as a sex offender pursuant to the provisions of
  1 13 chapter 692A, the fact finder shall make a determination as
  1 14 provided in section 692A.126.
  1 15                           EXPLANATION
  1 16 The inclusion of this explanation does not constitute agreement with
  1 17 the explanation's substance by the members of the general assembly.
  1 18    This bill relates to kidnapping in the second degree. The
  1 19 criminal offense of kidnapping is defined in Code section
  1 20 710.1.
  1 21    Under the bill, a person commits kidnapping in the second
  1 22 degree when the victim is under 18 years of age other than a
  1 23 kidnapping by a parent or legal guardian whose sole purpose
  1 24 of the kidnapping is to assume custody of a victim under 18
  1 25 years of age.  Currently, a person commits kidnapping in the
  1 26 second degree when a person kidnaps another person and holds
  1 27 that person for ransom or when the kidnapper is armed with a
  1 28 dangerous weapon.
  1 29    A person who commits kidnapping in the second degree commits
  1 30 a class "B" forcible felony. A person who commits a forcible
  1 31 felony is ineligible to receive a deferred judgment or sentence
  1 32 or suspended sentence under Code section 907.3.
  1 33    A class "B" felony is punishable by confinement for no more
  1 34 than 25 years.  A person who commits kidnapping in the second
  1 35 degree accumulates reduced earned time under Code section
  2  1 903A.2 and must serve a minimum sentence of at least 70 percent
  2  2 of the sentence prior to being eligible for parole.
  2  3    A person who commits kidnapping in the second degree under
  2  4 the bill must also register as a tier III sex offender under
  2  5 Code chapter 692A if a determination is made that the offense
  2  6 was sexually motivated.
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