Bill Text: IA HF515 | 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 providing penalties. (Formerly HSB 72; See HF 2505.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-19 - Committee report, recommending amendment and passage. H.J. 312. [HF515 Detail]
Download: Iowa-2019-HF515-Introduced.html
House
File
515
-
Introduced
HOUSE
FILE
515
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
72)
A
BILL
FOR
An
Act
relating
to
the
criminal
elements
for
the
commission
of
1
sexual
misconduct
with
offenders,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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515
Section
1.
Section
709.16,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
a.
Any
peace
officer,
or
an
officer,
employee,
3
contractor,
vendor,
volunteer,
or
agent
of
the
department
of
4
corrections
,
or
an
officer,
employee,
or
agent
of
a
judicial
5
district
department
of
correctional
services,
who
engages
in
6
a
sex
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
b.
An
officer,
employee,
or
agent
of
a
judicial
district
12
department
of
correctional
services
who
engages
in
a
sex
act
13
with
an
individual
under
supervision
of
a
judicial
district
14
department
of
correctional
services,
with
specific
and
actual
15
knowledge
the
person
is
under
supervision,
commits
a
class
“D”
16
felony.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
criminal
elements
and
penalties
for
21
the
commission
of
sexual
misconduct
with
offenders.
22
The
bill
raises
the
criminal
penalty
from
an
aggravated
23
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
24
officer,
employee,
contractor,
vendor,
volunteer,
or
agent
25
of
the
department
of
corrections
who
engages
in
a
sex
act
26
with
an
inmate
committed
to
the
custody
of
the
department
of
27
corrections,
if
such
a
person
has
specific
and
actual
knowledge
28
the
inmate
is
committed
to
the
custody
of
the
department.
29
The
bill
raises
the
criminal
penalty
from
an
aggravated
30
misdemeanor
to
a
class
“D”
felony
for
an
officer,
employee,
31
or
agent
of
a
judicial
district
department
of
correctional
32
services
who
engages
in
a
sex
act
with
an
individual
under
33
supervision
of
a
judicial
district
department,
with
specific
34
and
actual
knowledge
the
person
is
under
supervision.
35
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515
An
aggravated
misdemeanor
is
punishable
by
confinement
for
1
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
2
than
$6,250.
A
class
“D”
felony
is
punishable
by
confinement
3
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
4
more
than
$7,500.
5
A
person
who
violates
the
bill
is
also
subject
to
a
special
6
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
7
punishment
in
addition
to
the
punishment
for
the
underlying
8
criminal
offense
by
committing
the
person
into
the
custody
of
9
the
director
of
the
Iowa
department
of
corrections
for
a
period
10
of
10
years.
A
person
serving
a
special
sentence
begins
the
11
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
12
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
13
first
revocation
and
five
years
for
any
second
or
subsequent
14
revocation.
15
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
16
offender
under
Code
section
692A.102(1)(b)(12)
and
is
required
17
to
register
as
a
sex
offender
under
Code
section
692A.103.
18
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