Bill Text: IA HF2395 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the criminal elements and penalties for the commission of sexual misconduct with offenders and juveniles, and including effective date provisions. (Formerly HSB 618.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Referred to Public Safety. H.J. 594. [HF2395 Detail]

Download: Iowa-2017-HF2395-Introduced.html

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House File 2395 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON PUBLIC
                                     SAFETY

                                 (SUCCESSOR TO HSB 618)

                                      A BILL FOR

  1 An Act relating to the criminal elements and penalties for
  2    the commission of sexual misconduct with offenders and
  3    juveniles, and including effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5712HV (2) 87
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PAG LIN



  1  1    Section 1.  Section 709.16, Code 2018, is amended to read as
  1  2 follows:
  1  3    709.16  Sexual misconduct with offenders and juveniles.
  1  4    1.  a.   Any peace officer, or an officer, employee,
  1  5 contractor, vendor, volunteer, or agent of the department of
  1  6 corrections, or an officer, employee, or agent of a judicial
  1  7 district department of correctional services, who engages in
  1  8 a sex act with an individual committed to the custody of the
  1  9 department of corrections or a judicial district department of
  1 10 correctional services, with specific and actual knowledge the
  1 11 person is committed to the custody of the department, commits
  1 12 an aggravated misdemeanor a class "D" felony.
  1 13    b.  An officer, employee, or agent of a judicial district
  1 14 department of correctional services who engages in a sex act
  1 15 with an individual under supervision of a judicial district
  1 16 department of correctional services, with specific and actual
  1 17 knowledge the person is under supervision, commits a class "D"
  1 18 felony.
  1 19    2.  a.  Any peace officer, or an officer, employee,
  1 20 contractor, vendor, volunteer, or agent of a juvenile placement
  1 21 facility who engages in a sex act with a juvenile placed at
  1 22 such facility commits an aggravated misdemeanor a class "D"
  1 23 felony.
  1 24    b.  For purposes of this subsection, a "juvenile placement
  1 25 facility" means any of the following:
  1 26    (1)  A child foster care facility licensed under section
  1 27 237.4.
  1 28    (2)  Institutions controlled by the department of human
  1 29 services listed in section 218.1.
  1 30    (3)  Juvenile detention and juvenile shelter care homes
  1 31 approved under section 232.142.
  1 32    (4)  Psychiatric medical institutions for children licensed
  1 33 under chapter 135H.
  1 34    (5)  Facilities for the treatment of persons with
  1 35 substance=related disorders as defined in section 125.2.
  2  1    3.  Any peace officer, or an officer, employee, contractor,
  2  2 vendor, volunteer, or agent of a county who engages in a sex
  2  3 act with a prisoner incarcerated in a county jail or municipal
  2  4 holding facility, with specific and actual knowledge the person
  2  5 is incarcerated, commits an aggravated misdemeanor a class "D"
  2  6 felony.
  2  7    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1,
  2  8 2019.
  2  9                           EXPLANATION
  2 10 The inclusion of this explanation does not constitute agreement with
  2 11 the explanation's substance by the members of the general assembly.
  2 12    This bill relates to the criminal elements and penalties
  2 13 for the commission of sexual misconduct with offenders and
  2 14 juveniles.
  2 15    The bill raises the criminal penalty from an aggravated
  2 16 misdemeanor to a class "D" felony for a peace officer,
  2 17 officer, employee, contractor, vendor, volunteer, or agent
  2 18 of the department of corrections who engages in a sex act
  2 19 with an inmate committed to the custody of the department of
  2 20 corrections, if such a person has specific and actual knowledge
  2 21 the inmate is committed to the custody of the department.
  2 22    The bill raises the criminal penalty from an aggravated
  2 23 misdemeanor to a class "D" felony for an officer, employee,
  2 24 or agent of a judicial district department of correctional
  2 25 services who engages in a sex act with an individual under
  2 26 supervision of a judicial district department, with specific
  2 27 and actual knowledge the person is under supervision.
  2 28    The bill raises the criminal penalty from an aggravated
  2 29 misdemeanor to a class "D" felony for a peace officer, officer,
  2 30 employee, contractor, vendor, volunteer, or agent of a juvenile
  2 31 placement facility who engages in a sex act with a juvenile
  2 32 placed at such a facility.
  2 33    The bill also raises the criminal penalty from an aggravated
  2 34 misdemeanor to a class "D" felony for a peace officer, officer,
  2 35 employee, contractor, vendor, volunteer, or agent of a county
  3  1 who engages in a sex act with a prisoner incarcerated in a
  3  2 county jail or municipal holding facility, if such a person has
  3  3 specific and actual knowledge the inmate is incarcerated.
  3  4    An aggravated misdemeanor is punishable by confinement for
  3  5 no more than two years and a fine of at least $625 but not more
  3  6 than $6,250.  A class "D" felony is punishable by confinement
  3  7 for no more than five years and a fine of at least $750 but not
  3  8 more than $7,500.
  3  9    A person who violates the bill is also subject to a special
  3 10 sentence under Code section 903B.2. A special sentence is a
  3 11 punishment in addition to the punishment for the underlying
  3 12 criminal offense by committing the person into the custody of
  3 13 the director of the Iowa department of corrections for a period
  3 14 of 10 years.  A person serving a special sentence begins the
  3 15 sentence as if on parole or work release but the sentence is
  3 16 subject to a revocation of release for up to two years for a
  3 17 first revocation and five years for any second or subsequent
  3 18 revocation.
  3 19    The bill takes effect January 1, 2019.
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