Bill Text: IA SF524 | 2019-2020 | 88th General Assembly | Amended


Bill Title: A bill for an act relating to sexual exploitation by a youth athletics coach and providing penalties. (Formerly SF 380.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2019-04-27 - Rereferred to Judiciary. H.J. 1077. [SF524 Detail]

Download: Iowa-2019-SF524-Amended.html
Senate File 524 - Reprinted SENATE FILE 524 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 380) (As Amended and Passed by the Senate March 28, 2019 ) A BILL FOR An Act relating to sexual exploitation by a youth athletics 1 coach and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 524 (2) 88 as/rh/mb
S.F. 524 Section 1. Section 272.2, subsection 14, paragraph b, 1 subparagraph (1), subparagraph division (b), Code 2019, is 2 amended by adding the following new subparagraph subdivision: 3 NEW SUBPARAGRAPH SUBDIVISION . (viii) Sexual exploitation 4 by a youth athletics coach. 5 Sec. 2. Section 614.1, subsection 12, Code 2019, is amended 6 to read as follows: 7 12. Sexual abuse or sexual exploitation by a counselor, 8 therapist, or school employee , or youth athletics coach . An 9 action for damages for injury suffered as a result of sexual 10 abuse, as defined in section 709.1 , by a counselor, therapist, 11 or school employee , or youth athletics coach , as defined in 12 section 709.15 , or as a result of sexual exploitation by a 13 counselor, therapist, or school employee , or youth athletics 14 coach shall be brought within five fifteen years of the date 15 the victim was last treated by the counselor or therapist, or 16 within five years of the date the victim was last enrolled in 17 or attended the school after the victim attains eighteen years 18 of age . 19 Sec. 3. Section 692A.102, subsection 1, paragraph b, 20 subparagraph (11), Code 2019, is amended to read as follows: 21 (11) Sexual exploitation by a counselor, therapist, or 22 school employee , or youth athletics coach in violation of 23 section 709.15 , if the victim is thirteen years of age or 24 older. 25 Sec. 4. Section 692A.102, subsection 1, paragraph c, 26 subparagraph (27), Code 2019, is amended to read as follows: 27 (27) Sexual exploitation by a counselor, therapist, or 28 school employee , or youth athletics coach in violation of 29 section 709.15 , if the child is under thirteen years of age. 30 Sec. 5. Section 702.11, subsection 2, paragraph d, Code 31 2019, is amended to read as follows: 32 d. Sexual exploitation by a counselor, therapist, or school 33 employee , or youth athletics coach in violation of section 34 709.15 . 35 -1- SF 524 (2) 88 as/rh/mb 1/ 3
S.F. 524 Sec. 6. Section 709.15, subsection 1, Code 2019, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . h. “Youth athletics coach” means a person 3 who is not a school employee, whether paid or unpaid, who 4 coaches, or is an assistant coach of, a youth athletics team 5 comprised of students, or an individual student athlete, 6 whether informal or formal. 7 Sec. 7. Section 709.15, Code 2019, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3A. a. Sexual exploitation by a youth 10 athletics coach occurs when any of the following are found: 11 (1) A pattern or practice or scheme of conduct to engage in 12 any of the conduct described in subparagraph (2). 13 (2) Any sexual conduct with a student for the purpose 14 of arousing or satisfying the sexual desires of the youth 15 athletics coach or the student. Sexual conduct includes but is 16 not limited to the following: 17 (a) Kissing. 18 (b) Touching of the clothed or unclothed inner thigh, 19 breast, groin, buttock, anus, pubes, or genitals. 20 (c) A sex act as defined in section 702.17. 21 b. Sexual exploitation by a youth athletics coach does not 22 include any of the following: 23 (1) Touching that is necessary in the performance of the 24 youth athletics coach’s duties including caring for an injured 25 athlete. 26 (2) Engaging in conduct in violation of subsection 3A, 27 paragraph “a” , subparagraph (2), with a student who is not more 28 than four years younger than the youth athletics coach and over 29 whom the youth athletics coach does not have direct authority. 30 Sec. 8. Section 709.15, Code 2019, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 6. a. A youth athletics coach who commits 33 sexual exploitation in violation of subsection 3A, paragraph 34 “a” , subparagraph (1), commits a class “D” felony. 35 -2- SF 524 (2) 88 as/rh/mb 2/ 3
S.F. 524 b. A youth athletics coach who commits sexual exploitation 1 in violation of subsection 3A, paragraph “a” , subparagraph (2), 2 commits an aggravated misdemeanor. 3 Sec. 9. Section 802.2A, Code 2019, is amended to read as 4 follows: 5 802.2A Incest —— sexual exploitation by a counselor, 6 therapist, or school employee , or youth athletics coach . 7 1. An information or indictment for incest under section 8 726.2 committed on or with a person who is under the age of 9 eighteen shall be found within ten fifteen years after the 10 person upon whom the offense is committed attains eighteen 11 years of age. An information or indictment for any other 12 incest shall be found within ten years after its commission. 13 2. An indictment or information for sexual exploitation by 14 a counselor, therapist, or school employee , or youth athletics 15 coach under section 709.15 committed on or with a person who 16 is under the age of eighteen shall be found within ten fifteen 17 years after the person upon whom the offense is committed 18 attains eighteen years of age. An information or indictment 19 for any other sexual exploitation shall be found within ten 20 fifteen years of the date the victim was last treated by the 21 counselor or therapist, or within ten fifteen years of the date 22 the victim was enrolled in or attended the school. 23 -3- SF 524 (2) 88 as/rh/mb 3/ 3
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