Bill Text: IA SF273 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal elements for the commission of sexual misconduct with offenders and juveniles, and providing penalties. (Formerly SSB 1057.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-27 - Rereferred to Public Safety. H.J. 1076. [SF273 Detail]
Download: Iowa-2019-SF273-Introduced.html
Senate
File
273
-
Introduced
SENATE
FILE
273
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1057)
A
BILL
FOR
An
Act
relating
to
the
criminal
elements
for
the
commission
1
of
sexual
misconduct
with
offenders
and
juveniles,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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273
Section
1.
Section
709.16,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
a.
Any
peace
officer,
or
an
officer,
employee,
3
contractor,
vendor,
volunteer,
or
agent
of
the
department
of
4
corrections
,
or
an
officer,
employee,
or
agent
of
a
judicial
5
district
department
of
correctional
services,
who
engages
in
6
a
sex
act
with
an
individual
committed
to
the
custody
of
the
7
department
of
corrections
or
a
judicial
district
department
of
8
correctional
services
,
with
specific
and
actual
knowledge
the
9
person
is
committed
to
the
custody
of
the
department,
commits
10
an
aggravated
misdemeanor
a
class
“D”
felony
.
11
b.
An
officer,
employee,
or
agent
of
a
judicial
district
12
department
of
correctional
services
who
engages
in
a
sex
act
13
with
an
individual
under
supervision
of
a
judicial
district
14
department
of
correctional
services,
with
specific
and
actual
15
knowledge
the
person
is
under
supervision,
commits
a
class
“D”
16
felony.
17
Sec.
2.
Section
709.16,
subsection
2,
paragraph
a,
Code
18
2019,
is
amended
to
read
as
follows:
19
a.
Any
peace
officer,
or
an
officer,
employee,
contractor,
20
vendor,
volunteer,
or
agent
of
a
juvenile
placement
facility
21
who
engages
in
a
sex
act
with
a
juvenile
placed
at
such
22
facility
commits
an
aggravated
misdemeanor
a
class
“D”
felony
.
23
Sec.
3.
Section
709.16,
subsection
3,
Code
2019,
is
amended
24
to
read
as
follows:
25
3.
Any
peace
officer,
or
an
officer,
employee,
contractor,
26
vendor,
volunteer,
or
agent
of
a
county
who
engages
in
a
sex
27
act
with
a
prisoner
incarcerated
in
a
county
jail
commits
an
28
aggravated
misdemeanor
a
class
“D”
felony
.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
criminal
elements
and
penalties
33
for
the
commission
of
sexual
misconduct
with
offenders
and
34
juveniles.
35
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The
bill
raises
the
criminal
penalty
from
an
aggravated
1
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
2
officer,
employee,
contractor,
vendor,
volunteer,
or
agent
3
of
the
department
of
corrections
who
engages
in
a
sex
act
4
with
an
inmate
committed
to
the
custody
of
the
department
of
5
corrections,
if
such
a
person
has
specific
and
actual
knowledge
6
the
inmate
is
committed
to
the
custody
of
the
department.
7
The
bill
raises
the
criminal
penalty
from
an
aggravated
8
misdemeanor
to
a
class
“D”
felony
for
an
officer,
employee,
9
or
agent
of
a
judicial
district
department
of
correctional
10
services
who
engages
in
a
sex
act
with
an
individual
under
11
supervision
of
a
judicial
district
department
of
correctional
12
services,
if
such
a
person
has
specific
and
actual
knowledge
13
the
person
is
under
such
supervision.
14
The
bill
raises
the
criminal
penalty
from
an
aggravated
15
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
or
an
16
officer,
employee,
contractor,
vendor,
volunteer,
or
agent
of
17
a
juvenile
placement
facility
who
engages
in
a
sex
act
with
18
a
juvenile
placed
at
such
facility.
A
“juvenile
placement
19
facility”
means
a
child
foster
care
facility
licensed
under
20
Code
section
237.4,
institutions
controlled
by
the
department
21
of
human
services
listed
in
Code
section
218.1,
juvenile
22
detention
and
juvenile
shelter
care
homes
approved
under
23
Code
section
232.142,
psychiatric
medical
institutions
for
24
children
licensed
under
Code
chapter
135H,
and
facilities
for
25
the
treatment
of
persons
with
substance-related
disorders
as
26
defined
in
Code
section
125.2.
27
The
bill
raises
the
criminal
penalty
from
an
aggravated
28
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
or
an
29
officer,
employee,
contractor,
vendor,
volunteer,
or
agent
of
a
30
county
who
engages
in
a
sex
act
with
a
prisoner
incarcerated
31
in
a
county
jail.
32
An
aggravated
misdemeanor
is
punishable
by
confinement
for
33
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
34
than
$6,250.
A
class
“D”
felony
is
punishable
by
confinement
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273
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
1
more
than
$7,500.
2
A
person
who
violates
the
bill
is
also
subject
to
a
special
3
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
4
punishment
in
addition
to
the
punishment
for
the
underlying
5
criminal
offense
by
committing
the
person
into
the
custody
of
6
the
director
of
the
Iowa
department
of
corrections
for
a
period
7
of
10
years.
A
person
serving
a
special
sentence
begins
the
8
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
9
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
10
first
revocation
and
five
years
for
any
second
or
subsequent
11
revocation.
12
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
13
offender
under
Code
section
692A.102(1)(b)(12)
and
is
required
14
to
register
as
a
sex
offender
under
Code
section
692A.103.
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