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 TLSB 1224HV (2) 88 as/rh
H.F. 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 -1- LSB 1224HV (2) 88 as/rh 1/ 2
H.F. 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 -2- LSB 1224HV (2) 88 as/rh 2/ 2
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