Bill Text: IA SF392 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to sexual misconduct by a peace officer with offenders and juveniles in the peace officer's custody, and providing penalties. (Formerly SF 258.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-27 - Rereferred to Judiciary. H.J. 1076. [SF392 Detail]
Download: Iowa-2019-SF392-Introduced.html
Senate
File
392
-
Introduced
SENATE
FILE
392
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
258)
A
BILL
FOR
An
Act
relating
to
sexual
misconduct
by
a
peace
officer
with
1
offenders
and
juveniles
in
the
peace
officer’s
custody,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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392
Section
1.
Section
709.16,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
a.
Any
peace
officer
who
engages
in
a
3
sex
act
with
an
individual,
including
a
juvenile,
in
the
peace
4
officer’s
custody
commits
a
class
“D”
felony.
5
b.
For
purposes
of
this
subsection:
6
(1)
“Custody”
means
the
detention
of
a
person
by
lawful
7
authority
or
process.
8
(2)
“Peace
officer”
means
a
peace
officer
defined
in
section
9
801.4,
subsection
11,
paragraph
“a”
,
“b”
,
“c”
,
“f”
,
“g”
,
“h”
,
10
“i”
,
or
“j”
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
sexual
misconduct
by
a
peace
officer
15
with
offenders
and
juveniles
in
the
peace
officer’s
custody,
16
and
provides
penalties.
17
The
bill
provides
that
any
peace
officer
who
engages
in
a
18
sex
act
with
an
individual,
including
a
juvenile,
in
the
peace
19
officer’s
custody
commits
a
class
“D”
felony.
20
The
bill
defines
“custody”
as
the
detention
of
a
person
by
21
lawful
authority
or
process.
22
The
bill
defines
“peace
officer”
to
include
sheriffs
23
and
their
regular
deputies
who
are
subject
to
mandated
law
24
enforcement
training,
marshals
and
police
officers
of
cities,
25
peace
officer
members
of
the
department
of
public
safety,
26
parole
officers,
probation
officers,
special
security
officers
27
employed
by
board
of
regents
institutions,
conservation
28
officers,
employees
of
the
department
of
transportation
who
are
29
designated
as
peace
officers
by
resolution
of
the
department,
30
employees
of
an
aviation
authority
designated
as
peace
officers
31
by
the
authority,
and
other
persons
as
may
be
so
designated
by
32
law.
33
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
34
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
35
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$7,500.
1
A
person
who
violates
the
bill
is
also
subject
to
a
special
2
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
3
punishment
in
addition
to
the
punishment
for
the
underlying
4
criminal
offense
by
committing
the
person
into
the
custody
of
5
the
director
of
the
Iowa
department
of
corrections
for
a
period
6
of
10
years.
A
person
serving
a
special
sentence
begins
the
7
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
8
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
9
first
revocation
and
five
years
for
any
second
or
subsequent
10
revocation.
11
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
12
offender
under
Code
section
692A.102(1)(b)(12)
if
the
victim
13
is
13
years
of
age
or
older
or
as
a
tier
III
sex
offender
under
14
Code
section
692.102(1)(c)(28)
if
the
victim
is
under
13
years
15
of
age,
and
is
required
to
register
as
a
sex
offender
under
16
Code
section
692A.103.
17
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