Bill Text: IA HF2505 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal elements for the commission of sexual misconduct with offenders and juveniles, and providing penalties. (Formerly HF 515, HSB 72.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-26 - Fiscal note. [HF2505 Detail]
Download: Iowa-2019-HF2505-Introduced.html
House
File
2505
-
Introduced
HOUSE
FILE
2505
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
515)
(SUCCESSOR
TO
HSB
72)
A
BILL
FOR
An
Act
relating
to
the
criminal
elements
for
the
commission
1
of
sexual
misconduct
with
offenders
and
juveniles,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2505
Section
1.
Section
709.16,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
Any
peace
officer,
or
an
officer,
employee,
contractor,
3
vendor,
volunteer,
or
agent
of
the
department
of
corrections,
4
or
an
officer,
employee,
or
agent
of
a
judicial
district
5
department
of
correctional
services,
who
engages
in
a
sex
6
act
with
an
individual
committed
to
the
custody
of
the
7
department
of
corrections
or
a
judicial
district
department
of
8
correctional
services
,
with
specific
and
actual
knowledge
the
9
person
is
committed
to
the
custody
of
the
department,
commits
10
an
aggravated
misdemeanor
a
class
“D”
felony
.
11
Sec.
2.
Section
709.16,
subsection
2,
paragraph
a,
Code
12
2020,
is
amended
to
read
as
follows:
13
a.
Any
peace
officer,
or
an
officer,
employee,
contractor,
14
vendor,
volunteer,
or
agent
of
a
juvenile
placement
facility
15
who
engages
in
a
sex
act
with
a
juvenile
placed
at
such
16
facility
commits
an
aggravated
misdemeanor
a
class
“D”
felony
.
17
Sec.
3.
Section
709.16,
subsection
3,
Code
2020,
is
amended
18
to
read
as
follows:
19
3.
Any
peace
officer,
or
an
officer,
employee,
contractor,
20
vendor,
volunteer,
or
agent
of
a
county
who
engages
in
a
sex
21
act
with
a
prisoner
incarcerated
in
a
county
jail
commits
an
22
aggravated
misdemeanor
a
class
“D”
felony
.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
the
criminal
elements
and
penalties
27
for
the
commission
of
sexual
misconduct
with
offenders
and
28
juveniles.
29
The
bill
raises
the
criminal
penalty
from
an
aggravated
30
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
31
officer,
employee,
contractor,
vendor,
volunteer,
or
agent
32
of
the
department
of
corrections
who
engages
in
a
sex
act
33
with
an
inmate
committed
to
the
custody
of
the
department
of
34
corrections
or
a
judicial
district
department
of
correctional
35
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2505
services,
if
such
a
person
has
specific
and
actual
knowledge
1
the
person
is
committed
to
the
custody
of
the
department.
2
The
bill
raises
the
criminal
penalty
from
an
aggravated
3
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
4
employee,
contractor,
vendor,
volunteer,
or
agent
of
a
juvenile
5
placement
facility
who
engages
in
a
sex
act
with
a
juvenile
6
placed
at
such
a
facility.
7
The
bill
raises
the
criminal
penalty
from
an
aggravated
8
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
or
an
9
officer,
employee,
contractor,
vendor,
volunteer,
or
agent
of
a
10
county
who
engages
in
a
sex
act
with
a
prisoner
incarcerated
11
in
a
county
jail.
12
An
aggravated
misdemeanor
is
punishable
by
confinement
for
13
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
14
than
$6,250.
A
class
“D”
felony
is
punishable
by
confinement
15
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
16
more
than
$7,500.
17
A
person
who
violates
the
bill
is
also
subject
to
a
special
18
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
19
punishment
in
addition
to
the
punishment
for
the
underlying
20
criminal
offense
by
committing
the
person
into
the
custody
of
21
the
director
of
the
Iowa
department
of
corrections
for
a
period
22
of
10
years.
A
person
serving
a
special
sentence
begins
the
23
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
24
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
25
first
revocation
and
five
years
for
any
second
or
subsequent
26
revocation.
27
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
28
offender
under
Code
section
692A.102(1)(b)(12)
and
is
required
29
to
register
as
a
sex
offender
under
Code
section
692A.103.
30
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