Bill Text: IA SF487 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act modifying the periods of time to bring criminal actions for sexual offenses against a minor, providing penalties, and including effective date provisions. (Formerly SSB 1054.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Sinclair, Petersen, and Schultz. S.J. 87. [SF487 Detail]

Download: Iowa-2019-SF487-Introduced.html
Senate File 487 - Introduced SENATE FILE 487 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1054) A BILL FOR An Act modifying the periods of time to bring criminal actions 1 for sexual offenses against a minor, providing penalties, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1567SV (1) 88 as/rh
S.F. 487 Section 1. Section 802.2, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. An information or indictment for sexual abuse in the 3 first, second, or third degree committed on or with a person 4 who is under the age of eighteen years shall be found within 5 ten years after the person upon whom the offense is committed 6 attains eighteen years of age, or if the person against whom 7 the information or indictment is sought is identified through 8 the use of a DNA profile, an information or indictment shall 9 be found within three years from the date the person is 10 identified by the person’s DNA profile, whichever is later may 11 be commenced at any time after the commission of the offense . 12 Sec. 2. Section 802.2A, Code 2019, is amended to read as 13 follows: 14 802.2A Incest —— sexual exploitation by a counselor, 15 therapist, or school employee. 16 1. An information or indictment for incest under section 17 726.2 committed on or with a person who is under the age of 18 eighteen shall be found within ten years after the person upon 19 whom the offense is committed attains eighteen years of age at 20 any time after its commission . An information or indictment 21 for any other incest shall be found within ten years after its 22 commission. 23 2. An indictment or information for sexual exploitation 24 by a counselor, therapist, or school employee under section 25 709.15 committed on or with a person who is under the age of 26 eighteen shall be found within ten years after the person upon 27 whom the offense is committed attains eighteen years of age at 28 any time after its commission . An information or indictment 29 for any other sexual exploitation shall be found within ten 30 years of the date the victim was last treated by the counselor 31 or therapist, or within ten years of the date the victim was 32 enrolled in or attended the school. 33 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2019, 34 is amended to read as follows: 35 -1- LSB 1567SV (1) 88 as/rh 1/ 4
S.F. 487 An information or indictment for the following offenses 1 committed on or with a person who is under the age of eighteen 2 years shall be found within ten years after the person upon 3 whom the offense is committed attains eighteen years of age, 4 or if the person against whom the information or indictment 5 is sought is identified through the use of a DNA profile, an 6 information or indictment shall be found within three years 7 from the date the person is identified by the person’s DNA 8 profile, whichever is later at any time after its commission : 9 Sec. 4. Section 802.10, subsection 3, Code 2019, is amended 10 to read as follows: 11 3. However, notwithstanding subsection 2 , an indictment or 12 information shall be found against a person within three years 13 from the date the person is identified by the person’s DNA 14 profile. If the action involves sexual abuse , another sexual 15 offense of a person eighteen years of age or older , kidnapping, 16 or human trafficking, the indictment or information shall be 17 found as provided in section 802.2 , 802.2B , subsection 2, 18 802.2C , or 802.2D , if the person is identified by the person’s 19 DNA profile. 20 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 21 immediate importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill modifies the periods of time to bring criminal 26 actions for sexual offenses against a minor. 27 The bill amends Code section 802.2 to provide that a criminal 28 information or indictment for sexual abuse in the first, 29 second, or third degree committed on or with a person under the 30 age of 18 may be commenced at any time after the commission 31 of the offense. Current law specifies the indictment or 32 information for such sexual abuse offenses be found within 10 33 years of the sexually abused person attaining 18 years of age 34 or within three years after being identified by DNA evidence, 35 -2- LSB 1567SV (1) 88 as/rh 2/ 4
S.F. 487 whichever is later. 1 The bill amends Code section 802.2A(1) to provide that 2 an information or indictment for incest under Code section 3 726.2 committed on or with a person who is under the age of 4 18 shall be found at any time after its commission. Current 5 law specifies the indictment or information for such a sexual 6 offense be found within 10 years after the person upon whom the 7 offense is committed attains the age of 18. 8 The bill amends Code section 802.2A(2) to provide that 9 an indictment or information for sexual exploitation by a 10 counselor, therapist, or school employee under Code section 11 709.15 committed on or with a person who is under the age of 12 18 shall be found any time after its commission. Current law 13 specifies the indictment or information for such a sexual 14 offense be found within 10 years after the person upon whom the 15 offense is committed attains the age of 18. 16 The bill amends Code section 802.2B to provide that an 17 indictment or information for certain other sexual offenses 18 shall be found at any time after the commission of such other 19 sexual offenses, including the following: lascivious acts with 20 a child in violation of Code section 709.8; assault with intent 21 to commit sexual abuse in violation of Code section 709.11; 22 indecent contact with a child in violation of Code section 23 709.12; lascivious conduct with a minor in violation of Code 24 section 709.14; sexual misconduct with a juvenile in violation 25 of Code section 709.16(2); child endangerment in violation 26 of Code section 726.6(4, 5, or 6); and sexual exploitation 27 of a minor in violation of Code section 728.12. Current 28 law specifies the indictment or information for such sexual 29 offenses shall be found within 10 years after the person upon 30 whom the offense is committed attains the age of 18, or if the 31 person against whom the information or indictment is sought is 32 identified through the use of a DNA profile, an information or 33 indictment shall be found within three years from the date the 34 person is identified by the person’s DNA profile, whichever is 35 -3- LSB 1567SV (1) 88 as/rh 3/ 4
S.F. 487 later. 1 The bill amends Code section 802.10 to provide that an 2 indictment or information shall be found against a person 3 within three years from the date the person is identified by 4 the person’s DNA profile. If the action involves sexual abuse 5 of a person 18 or older, kidnapping, or human trafficking, 6 the indictment or information shall be found if the person is 7 identified by the person’s DNA profile. 8 The bill takes effect upon enactment. 9 -4- LSB 1567SV (1) 88 as/rh 4/ 4
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