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
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
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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
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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
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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
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