Senate
File
2201
-
Introduced
SENATE
FILE
2201
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3079)
A
BILL
FOR
An
Act
relating
to
kidnapping,
and
providing
penalties.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5488SV
(1)
85
jm/rj
S.F.
2201
Section
1.
Section
710.3,
Code
2014,
is
amended
to
read
as
1
follows:
2
710.3
Kidnapping
in
the
second
degree.
3
1.
Kidnapping
where
the
purpose
is
to
hold
the
victim
4
for
ransom
,
or
where
the
kidnapper
is
armed
with
a
dangerous
5
weapon
,
or
where
the
victim
is
sixteen
years
of
age
or
younger
6
and
is
not
a
violation
of
section
710.5,
is
kidnapping
in
the
7
second
degree.
Kidnapping
in
the
second
degree
is
a
class
“B”
8
felony.
9
2.
For
purposes
of
determining
whether
the
person
should
10
register
as
a
sex
offender
pursuant
to
the
provisions
of
11
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
12
provided
in
section
692A.126
.
13
Sec.
2.
Section
710.4,
Code
2014,
is
amended
to
read
as
14
follows:
15
710.4
Kidnapping
in
the
third
degree.
16
1.
All
other
kidnappings
are
kidnappings
in
the
third
17
degree.
Kidnapping
in
the
third
degree
is
a
class
“C”
felony
18
except
as
provided
in
subsection
2
.
19
2.
a.
If
a
person
is
convicted
of
kidnapping
in
the
third
20
degree
and
the
person
has
a
previous
conviction
for
kidnapping,
21
the
person
is
guilty
of
a
class
“B”
felony.
22
b.
In
determining
if
a
violation
charged
is
a
previous
23
conviction
for
purposes
of
criminal
sentencing
under
this
24
subsection,
a
conviction
in
this
state
or
under
statutes
25
substantially
corresponding
to
this
section
in
another
state,
26
or
in
a
federal,
military,
tribal,
or
foreign
court,
shall
be
27
counted
as
a
previous
conviction.
A
previous
conviction
also
28
includes
a
juvenile
who
has
been
adjudicated
delinquent
but
29
whose
juvenile
court
records
have
been
sealed
under
section
30
232.150,
a
juvenile
prosecuted
as
an
adult,
and
a
person
who
31
has
received
a
deferred
sentence
or
deferred
judgment.
32
3.
For
purposes
of
determining
whether
the
person
should
33
register
as
a
sex
offender
pursuant
to
the
provisions
of
34
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
35
-1-
LSB
5488SV
(1)
85
jm/rj
1/
2
S.F.
2201
provided
in
section
692A.126
.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
changes
the
definition
of
kidnapping
in
the
second
5
degree
to
include
any
kidnapping
where
the
victim
is
16
years
6
of
age
or
younger
and
the
kidnapping
is
not
child
stealing
7
in
violation
of
Code
section
710.5.
A
person
who
commits
8
kidnapping
in
the
second
degree
commits
a
class
“B”
felony.
A
9
class
“B”
felony
is
punishable
by
confinement
for
no
more
than
10
25
years.
Kidnapping
in
the
second
degree
is
also
classified
11
as
a
70
percent
sentence
under
Code
section
902.12.
12
A
person
who
commits
kidnapping
in
the
second
degree
may
13
also
be
required
to
register
as
a
sex
offender
if
the
fact
14
finder
makes
a
determination
that
the
kidnapping
was
sexually
15
motivated
under
Code
section
692A.126.
16
The
bill
also
enhances
the
penalty
for
kidnapping
in
the
17
third
degree.
If
a
person
is
convicted
of
kidnapping
in
18
the
third
degree
and
the
person
has
a
previous
conviction
19
for
kidnapping,
the
bill
increases
the
criminal
penalty
for
20
kidnapping
in
the
third
degree
from
a
class
“C”
felony
to
a
21
class
“B”
felony.
22
In
determining
if
a
violation
charged
is
a
previous
23
conviction
for
purposes
of
criminal
sentencing
under
the
bill,
24
a
conviction
in
this
state
or
under
statutes
substantially
25
corresponding
to
this
Code
section
in
another
state,
or
in
a
26
federal,
military,
tribal,
or
foreign
court,
shall
be
counted
27
as
a
previous
conviction.
A
previous
conviction
also
includes
28
a
juvenile
who
has
been
adjudicated
delinquent
but
whose
29
juvenile
court
records
have
been
sealed
under
Code
section
30
232.150,
a
juvenile
prosecuted
as
an
adult,
and
a
person
who
31
has
received
a
deferred
sentence
or
deferred
judgment.
32
-2-
LSB
5488SV
(1)
85
jm/rj
2/
2