Bill Text: IA HF2323 | 2015-2016 | 86th 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 536)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-11 - Rereferred to Public Safety. H.J. 456. [HF2323 Detail]

Download: Iowa-2015-HF2323-Introduced.html

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House File 2323 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON PUBLIC
                                     SAFETY

                                 (SUCCESSOR TO HSB 536)

                                      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:
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PAG LIN



  1  1    Section 1.  Section 709.16, Code 2016, 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, who knows that the person is committed
  1 11 to the custody of the department, commits an aggravated
  1 12 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, who knows that the person
  1 17 is under supervision, commits a class "D" felony.
  1 18    2.  a.  Any peace officer, or an officer, employee,
  1 19 contractor, vendor, volunteer, or agent of a juvenile placement
  1 20 facility who engages in a sex act with a juvenile placed at
  1 21 such facility commits an aggravated misdemeanor a class "D"
  1 22 felony.
  1 23    b.  For purposes of this subsection, a "juvenile placement
  1 24 facility" means any of the following:
  1 25    (1)  A child foster care facility licensed under section
  1 26 237.4.
  1 27    (2)  Institutions controlled by the department of human
  1 28 services listed in section 218.1.
  1 29    (3)  Juvenile detention and juvenile shelter care homes
  1 30 approved under section 232.142.
  1 31    (4)  Psychiatric medical institutions for children licensed
  1 32 under chapter 135H.
  1 33    (5)  Facilities for the treatment of persons with
  1 34 substance=related disorders as defined in section 125.2.
  1 35    3.  Any peace officer, or an officer, employee, contractor,
  2  1 vendor, volunteer, or agent of a county who engages in a sex
  2  2 act with a prisoner incarcerated in a county jail or municipal
  2  3 holding facility, who knows that the person is incarcerated,
  2  4  commits an aggravated misdemeanor a class "D" felony.
  2  5    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1,
  2  6 2017.
  2  7                           EXPLANATION
  2  8 The inclusion of this explanation does not constitute agreement with
  2  9 the explanation's substance by the members of the general assembly.
  2 10    This bill relates to the criminal elements and penalties
  2 11 for the commission of sexual misconduct with offenders and
  2 12 juveniles.
  2 13    The bill raises the criminal penalty from an aggravated
  2 14 misdemeanor to a class "D" felony for a peace officer,
  2 15 officer, employee, contractor, vendor, volunteer, or agent
  2 16 of the department of corrections who engages in a sex act
  2 17 with an inmate committed to the custody of the department
  2 18 of corrections, if such a person knows that the inmate is
  2 19 committed to the custody of the department.
  2 20    The bill raises the criminal penalty from an aggravated
  2 21 misdemeanor to a class "D" felony for an officer, employee,
  2 22 or agent of a judicial district department of correctional
  2 23 services who engages in a sex act with an individual under
  2 24 supervision of a judicial district department, and who knows
  2 25 that the person is under supervision.
  2 26    The bill raises the criminal penalty from an aggravated
  2 27 misdemeanor to a class "D" felony for a peace officer, officer,
  2 28 employee, contractor, vendor, volunteer, or agent of a juvenile
  2 29 placement facility who engages in a sex act with a juvenile
  2 30 placed at such a facility.
  2 31    The bill also raises the criminal penalty from an aggravated
  2 32 misdemeanor to a class "D" felony for a peace officer, officer,
  2 33 employee, contractor, vendor, volunteer, or agent of a county
  2 34 who engages in a sex act with a prisoner incarcerated in a
  2 35 county jail or municipal holding facility, if such a person
  3  1 knows that the inmate is incarcerated.
  3  2    An aggravated misdemeanor is punishable by confinement for
  3  3 no more than two years and a fine of at least $625 but not more
  3  4 than $6,250.  A class "D" felony is punishable by confinement
  3  5 for no more than five years and a fine of at least $750 but not
  3  6 more than $7,500.
  3  7    A person who violates the bill is also subject to a special
  3  8 sentence under Code section 903B.2. A special sentence is a
  3  9 punishment in addition to the punishment for the underlying
  3 10 criminal offense by committing the person into the custody of
  3 11 the director of the Iowa department of corrections for a period
  3 12 of 10 years.  A person serving a special sentence begins the
  3 13 sentence as if on parole or work release but the sentence is
  3 14 subject to a revocation of release for up to two years for a
  3 15 first revocation and five years for any second or subsequent
  3 16 revocation.
  3 17    The bill takes effect January 1, 2017.
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