Bill Text: IA SF92 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act extending the limitations of certain criminal actions committed on or with minors, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-01-24 - Subcommittee: Chapman, Petersen, and Sweeney. S.J. 167. [SF92 Detail]

Download: Iowa-2019-SF92-Introduced.html
Senate File 92 - Introduced SENATE FILE 92 BY PETERSEN A BILL FOR An Act extending the limitations of certain criminal actions 1 committed on or with minors, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1593XS (2) 88 as/rh
S.F. 92 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 may be found 5 within ten years after the person upon whom the offense is 6 committed attains eighteen years of age, or if the person 7 against whom the information or indictment is sought is 8 identified through the use of a DNA profile, an information or 9 indictment shall be found within three years from the date the 10 person is identified by the person’s DNA profile, whichever is 11 later 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 may be found within ten years after the person 19 upon whom the offense is committed attains eighteen years of 20 age. An information or indictment for any other incest shall 21 be found within ten years after its at any time after the 22 commission of the offense . 23 2. An indictment or information for sexual exploitation by 24 a counselor, therapist, or school employee under section 709.15 25 committed on or with a person who is under the age of eighteen 26 shall may be found within ten years after the person upon whom 27 the offense is committed attains eighteen years of age at any 28 time after the commission of the offense . An information or 29 indictment for any other sexual exploitation shall be found 30 within ten years of the date the victim was last treated by the 31 counselor or therapist, or within ten years of the date the 32 victim was 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 1593XS (2) 88 as/rh 1/ 5
S.F. 92 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 may 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 the commission 9 of the offense : 10 Sec. 4. Section 802.2C, Code 2019, is amended to read as 11 follows: 12 802.2C Kidnapping. 13 An information or indictment for kidnapping in the first, 14 second, or third degree committed on or with a person who is 15 under the age of eighteen years shall may be found within ten 16 years after the person upon whom the offense is committed 17 attains eighteen years of age, or if the person against whom 18 the information or indictment is sought is identified through 19 the use of a DNA profile, an information or indictment shall be 20 found within three years from the date the person is identified 21 by the person’s DNA profile, whichever is later commenced at 22 any time after the commission of the offense . 23 Sec. 5. Section 802.2D, Code 2019, is amended to read as 24 follows: 25 802.2D Human trafficking. 26 An information or indictment for human trafficking in 27 violation of section 710A.2 , committed on or with a person who 28 is under the age of eighteen years shall may be found within 29 ten years after the person upon whom the offense is committed 30 attains eighteen years of age, or if the person against whom 31 the information or indictment is sought is identified through 32 the use of a DNA profile, an information or indictment shall be 33 found within three years from the date the person is identified 34 by the person’s DNA profile, whichever is later at any time 35 -2- LSB 1593XS (2) 88 as/rh 2/ 5
S.F. 92 after the commission of the offense . 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill extends the limitations of certain criminal 5 actions (statute of limitations) committed on or with minors. 6 The amendment to Code section 802.2 provides that an 7 information or indictment for sexual abuse in the first, 8 second, or third degree committed on or with a person who 9 is under the age of 18 years may be found at any time after 10 commission of the offense. Under current law, an information 11 or indictment for a sexual abuse offense committed on or with 12 a person who is under 18 years of age shall be found within 13 10 years after the person upon whom the offense is committed 14 attains 18 years of age, or if the person against whom the 15 information or indictment is sought is identified through the 16 use of a DNA profile, an information or indictment shall be 17 found within three years from the date the person is identified 18 by the person’s DNA profile, whichever is later. 19 The amendment to Code section 802.2A provides that an 20 information or indictment for incest under Code section 726.2 21 committed on or with a person who is under the age of 18 may 22 be found at any time after commission of the offense. Under 23 current law, an information or indictment for incest shall be 24 found within 10 years after the person upon whom the offense 25 is committed attains 18 years of age. For other incest 26 offenses committed upon a person 18 years of age or older, 27 the information or indictment shall be found within 10 years 28 after the commission of the offense. If the person against 29 whom the information or indictment is sought is identified 30 only through the use of a DNA profile, the limitation shall be 31 tolled. However, an information or indictment shall be found 32 within three years from the date the person is identified by 33 the person’s DNA profile. 34 The amendment to Code section 802.2A also provides that 35 -3- LSB 1593XS (2) 88 as/rh 3/ 5
S.F. 92 an information or indictment for sexual exploitation by a 1 counselor, therapist, or school employee under Code section 2 709.15 committed on or with a person who is under the age of 3 18 may be found at any time after commission of the offense. 4 Under current law, an information or indictment for sexual 5 exploitation by a counselor, therapist, or school employee 6 shall be found within 10 years after the person upon whom the 7 offense is committed attains 18 years of age. For other sexual 8 exploitation by a counselor, therapist, or school employee 9 offenses committed upon a person 18 years of age or older, the 10 information or indictment shall be found within 10 years of the 11 date the person was last treated by the counselor or therapist, 12 or within 10 years of the date the person was enrolled in or 13 attended the school. 14 The amendment to Code section 802.2B provides that an 15 information or indictment may be commenced at any time after 16 the commission of any of the following offenses if the offense 17 is committed on or with a person under the age of 18: sexual 18 abuse in the first degree in violation of Code section 709.2; 19 sexual abuse in the second degree in violation of Code section 20 709.3; sexual abuse in the third degree in violation of Code 21 section 709.4; lascivious acts with a child in violation of 22 Code section 709.8; assault with intent to commit sexual abuse 23 in violation of Code section 709.11; indecent contact with a 24 child in violation of Code section 709.12; lascivious conduct 25 with a minor in violation of Code section 709.14; sexual 26 exploitation by a counselor, therapist, or school employee in 27 violation of Code section 709.15; sexual misconduct with a 28 juvenile in violation of Code section 709.16, subsection 2; 29 kidnapping in the first degree in violation of Code section 30 710.2; kidnapping in the second degree in violation of Code 31 section 710.3; kidnapping in the third degree in violation of 32 Code section 710.4; human trafficking in violation of Code 33 section 710A.2; incest in violation of Code section 726.2; and 34 sexual exploitation of a minor in violation of Code section 35 -4- LSB 1593XS (2) 88 as/rh 4/ 5
S.F. 92 728.12. Under current law for the preceding offenses, an 1 information or indictment committed on or with a person who 2 is under 18 years of age shall be found within 10 years after 3 the person upon whom the offense is committed attains 18 years 4 of age, or if the person against whom the information or 5 indictment is sought is identified through the use of a DNA 6 profile, an information or indictment shall be found within 7 three years from the date the person is identified by the 8 person’s DNA profile, whichever is later. 9 The amendment to Code section 802.2C provides that an 10 information or indictment for kidnapping in the first, second, 11 or third degree committed on or with a person who is under the 12 age of 18 years may be found at any time after commission of 13 the offense. Under current law for kidnapping offenses, the 14 information or indictment for an offense committed on or with 15 a person who is under the age of 18 years of age, shall be 16 found within 10 years after the person upon whom the offense 17 is committed attains 18 years of age, or if the person against 18 whom the information or indictment is sought is identified 19 through the use of a DNA profile, an information or indictment 20 shall be found within three years from the date the person is 21 identified by the person’s DNA profile, whichever is later. 22 The amendment to Code section 802.2D provides that an 23 information or indictment for human trafficking in violation of 24 Code section 710A.2, committed on or with a person who is under 25 the age of 18 years may be found at any time after commission of 26 the offense. Under current law for human trafficking offenses, 27 the information or indictment for an offense committed on or 28 with a person who is under the age of 18 years of age, shall be 29 found within 10 years after the person upon whom the offense 30 is committed attains 18 years of age, or if the person against 31 whom the information or indictment is sought is identified 32 through the use of a DNA profile, an information or indictment 33 shall be found within three years from the date the person is 34 identified by the person’s DNA profile, whichever is later. 35 -5- LSB 1593XS (2) 88 as/rh 5/ 5
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