Bill Text: IA SF385 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act modifying the imposition of certain special sentences. (Formerly SSB 1230.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2014-01-23 - Subcommittee, Fry, Dawson, and Klein. H.J. 106. [SF385 Detail]

Download: Iowa-2013-SF385-Introduced.html
Senate File 385 - Introduced SENATE FILE 385 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1230) A BILL FOR An Act establishing the criminal offense of sexual abuse in the 1 fourth degree, making related changes to sexual abuse in 2 the third degree and the sex offender registry, providing 3 penalties, and including retroactive and other applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2255SV (3) 85 jm/rj
S.F. 385 Section 1. Section 692A.102, subsection 1, paragraph a, 1 Code 2013, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (05) Sexual abuse in the fourth degree 3 in violation of section 709.4A. 4 Sec. 2. Section 709.4, subsection 2, paragraph c, 5 subparagraph (4), Code 2013, is amended to read as follows: 6 (4) The Except as provided in section 709.4A, the person is 7 four or more years older than the other person. 8 Sec. 3. NEW SECTION . 709.4A Sexual abuse in the fourth 9 degree. 10 1. A person commits sexual abuse in the fourth degree when 11 the person performs a sex act with another person and the other 12 person is fourteen years of age and the person is eighteen 13 years of age. 14 2. Notwithstanding section 903B.2, a person convicted under 15 this section is not subject to the special sentence. 16 3. A person who violates this section commits a class “D” 17 felony. 18 Sec. 4. SPECIAL SENTENCE —— JUDGMENT VOID. 19 1. Notwithstanding section 903B.2, a person convicted of 20 a violation of section 709.4, subsection 2, paragraph “c”, 21 subparagraph (4), prior to, on, or after the effective date of 22 this Act shall not be subject to the special sentence if the 23 victim was fourteen years of age and the person is eighteen 24 years of age. 25 2. The department of corrections in consultation with the 26 department of public safety shall identify persons whose sole 27 reason for being on probation, parole, or committed to the 28 custody of the director of the department of corrections is for 29 a conviction of sexual abuse in the third degree under section 30 709.4, subsection 2, paragraph “c”, subparagraph (4), that 31 occurred prior to, on, or after the effective date of this Act, 32 and who meet the criteria established in subsection 1. 33 3. If the department of corrections and the department of 34 public safety identify such a person pursuant to subsection 35 -1- LSB 2255SV (3) 85 jm/rj 1/ 3
S.F. 385 2, the department of corrections shall notify the board of 1 parole that the portion of the judgment requiring the service 2 of a special sentence is void and the person shall not be 3 subject to the special sentence under section 903B.2. If the 4 person identified pursuant to subsection 2 has begun serving 5 the special sentence, the term of the special sentence shall 6 terminate immediately after being notified by the department of 7 corrections that the portion of the judgment requiring service 8 of a special sentence is void. 9 EXPLANATION 10 This bill establishes the criminal offense of sexual abuse 11 in the fourth degree, makes related changes to sexual abuse in 12 the third degree, provides penalties, and includes retroactive 13 and other applicability provisions. 14 SEX ABUSE IN THE FOURTH DEGREE. Under the bill, a person 18 15 years of age commits sexual abuse in the fourth degree if the 16 person commits a sex act with another person who is 14 years of 17 age. 18 The bill specifies that a person who commits sexual abuse in 19 the fourth degree is guilty of a class “D” felony and is not 20 subject to a special sentence under Code section 903B.2. 21 Under current law, a person who commits sexual abuse in the 22 third degree, including those acts now classified as sexual 23 abuse in the fourth degree in the bill, commits a class “C” 24 felony and is subject to a special sentence under Code section 25 903B.2. 26 The bill also specifies that a person who commits sexual 27 abuse in the fourth degree shall register as a tier I sex 28 offender who is required to verify the person’s relevant 29 information to the county sheriff of residence on an annual 30 basis for 10 years. 31 Under current law, a person who commits sexual abuse in the 32 third degree, including those acts now classified as sexual 33 abuse in the fourth degree in the bill, is classified as a tier 34 I sex offender. 35 -2- LSB 2255SV (3) 85 jm/rj 2/ 3
S.F. 385 SEX ABUSE IN THE THIRD DEGREE. The bill specifies that 1 a person convicted of sexual abuse in the third degree in 2 violation of Code section 709.4(2)(c)(4) (statutory rape due to 3 age differences of the offending person and the victim) prior 4 to, on, or after the effective date of the bill shall not be 5 subject to the special sentence under Code section 903B.2 if 6 the victim was 14 years of age and the person was 18 years of 7 age at the time the offense was committed. 8 Under the bill, the department of corrections in 9 consultation with the department of public safety shall 10 identify persons whose sole reason for being on probation, 11 parole, or committed to the custody of the director of the 12 department of corrections is for a conviction of sexual abuse 13 in the third degree under Code section 709.4(2)(c)(4), and who 14 meet the age differential criteria with the victim under newly 15 established sex abuse in the fourth degree. If the department 16 of corrections and the department of public safety identify 17 such a person under the bill, the department of corrections 18 shall notify the board of parole that the portion of the 19 judgment requiring the service of a special sentence is void 20 and the person shall not be subject to the special sentence 21 under Code section 903B.2. If such a person has begun serving 22 the special sentence, the bill requires the term of the special 23 sentence to terminate immediately after being notified by the 24 department of corrections that the portion of the judgment 25 requiring service of a special sentence is void. 26 -3- LSB 2255SV (3) 85 jm/rj 3/ 3
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