Bill Text: IA SF179 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to kidnapping, and providing penalties. (Formerly SSB 1011.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-03-24 - Passed subcommittee. [SF179 Detail]

Download: Iowa-2015-SF179-Introduced.html

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Senate File 179 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1011)

                                      A BILL FOR

  1 An Act relating to kidnapping, and providing penalties.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 710.3, Code 2015, is amended to read as
  1  2 follows:
  1  3    710.3  Kidnapping in the second degree.
  1  4    1.  Kidnapping where the in the second degree is any of the
  1  5 following:
  1  6    a.  Where the purpose of the kidnapping is to hold the victim
  1  7 for ransom or where the.
  1  8    b.  Where the kidnapper is armed with a dangerous weapon
  1  9 is kidnapping in the second degree. Kidnapping in the second
  1 10 degree is a class "B" felony.
  1 11    c.  Where the victim of the kidnapping is under eighteen
  1 12 years of age other than a kidnapping by a relative whose sole
  1 13 purpose of the kidnapping is to assume custody of the victim.
  1 14    2.  For purposes of determining whether the person should
  1 15 register as a sex offender pursuant to the provisions of
  1 16 chapter 692A, the fact finder shall make a determination as
  1 17 provided in section 692A.126.
  1 18    3.  Kidnapping in the second degree is a class "B" felony.
  1 19    Sec. 2.  Section 710.4, Code 2015, is amended to read as
  1 20 follows:
  1 21    710.4  Kidnapping in the third degree.
  1 22    1.  All other kidnappings are kidnappings in the third
  1 23 degree. Kidnapping in the third degree is a class "C" felony
  1 24 except as provided in subsection 2.
  1 25    2.  a.  If a person is convicted of kidnapping in the third
  1 26 degree and the person has a previous conviction for kidnapping,
  1 27 the person is guilty of a class "B" felony.
  1 28    b.  In determining if a violation charged is a previous
  1 29 conviction for purposes of criminal sentencing under this
  1 30 subsection, a conviction in this state or under statutes
  1 31 substantially corresponding to this section in another state,
  1 32 or in a federal, military, tribal, or foreign court, shall be
  1 33 counted as a previous conviction.  A previous conviction also
  1 34 includes a juvenile who has been adjudicated delinquent but
  1 35 whose juvenile court records have been sealed under section
  2  1 232.150, a juvenile prosecuted as an adult, and a person who
  2  2 has received a deferred sentence or deferred judgment.
  2  3    3.  For purposes of determining whether the person should
  2  4 register as a sex offender pursuant to the provisions of
  2  5 chapter 692A, the fact finder shall make a determination as
  2  6 provided in section 692A.126.
  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    The bill expands the definition of kidnapping in the second
  2 11 degree to include any kidnapping of a person under 18 years of
  2 12 age other than a kidnapping by a relative whose sole purpose
  2 13 of the kidnapping is to assume custody of the victim.  A person
  2 14 who commits kidnapping in the second degree commits a class "B"
  2 15 felony under current law and in the bill.
  2 16    A person who commits kidnapping in the second degree may
  2 17 also be required to register as a sex offender if the fact
  2 18 finder makes a determination that the kidnapping was sexually
  2 19 motivated under Code section 692A.126.
  2 20    The bill also enhances the penalty for kidnapping in the
  2 21 third degree.  If a person is convicted of kidnapping in
  2 22 the third degree and the person has a previous conviction
  2 23 for kidnapping, the bill increases the criminal penalty for
  2 24 kidnapping in the third degree from a class "C" felony to a
  2 25 class "B" felony.
  2 26    In determining if a violation charged is a previous
  2 27 conviction for purposes of criminal sentencing under the bill,
  2 28 a conviction in this state or under statutes substantially
  2 29 corresponding to this Code section in another state, or in a
  2 30 federal, military, tribal, or foreign court, shall be counted
  2 31 as a previous conviction.  A previous conviction also includes
  2 32 a juvenile who has been adjudicated delinquent but whose
  2 33 juvenile court records have been sealed under Code section
  2 34 232.150, a juvenile prosecuted as an adult, and a person who
  2 35 has received a deferred sentence or deferred judgment.
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