SF 92 (LSB 1593XS (2) 88)

SENATE FILE 92

BY  PETERSEN

A BILL FOR

An Act extending the limitations of certain criminal actions committed on or with minors, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 802.2, subsection 1, Code 2019, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall may be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later at any time after the commission of the offense.
    Sec. 2.  Section 802.2A, Code 2019, is amended to read as follows:
   802.2A  Incest —— sexual exploitation by a counselor, therapist, or school employee.
   1.  An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen shall may be found within ten years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other incest shall be found within ten years after its at any time after the commission of the offense.
   2.  An indictment or information for sexual exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age of eighteen shall may be found within ten years after the person upon whom the offense is committed attains eighteen years of age at any time after the commission of the offense. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.
    Sec. 3.  Section 802.2B, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   An information or indictment for the following offenses committed on or with a person who is under the age of eighteen years shall may be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later at any time after the commission of the offense:
    Sec. 4.  Section 802.2C, Code 2019, is amended to read as follows:
   802.2C  Kidnapping.
   An information or indictment for kidnapping in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall may be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later commenced at any time after the commission of the offense.
    Sec. 5.  Section 802.2D, Code 2019, is amended to read as follows:
   802.2D  Human trafficking.
   An information or indictment for human trafficking in violation of section 710A.2, committed on or with a person who is under the age of eighteen years shall may be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later at any time after the commission of the offense.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill extends the limitations of certain criminal actions (statute of limitations) committed on or with minors.
   The amendment to Code section 802.2 provides that an information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of 18 years may be found at any time after commission of the offense. Under current law, an information or indictment for a sexual abuse offense committed on or with a person who is under 18 years of age shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
   The amendment to Code section 802.2A provides that an information or indictment for incest under Code section 726.2 committed on or with a person who is under the age of 18 may be found at any time after commission of the offense. Under current law, an information or indictment for incest shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age. For other incest offenses committed upon a person 18 years of age or older, the information or indictment shall be found within 10 years after the commission of the offense. If the person against whom the information or indictment is sought is identified only through the use of a DNA profile, the limitation shall be tolled. However, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile.
   The amendment to Code section 802.2A also provides that an information or indictment for sexual exploitation by a counselor, therapist, or school employee under Code section 709.15 committed on or with a person who is under the age of 18 may be found at any time after commission of the offense. Under current law, an information or indictment for sexual exploitation by a counselor, therapist, or school employee shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age. For other sexual exploitation by a counselor, therapist, or school employee offenses committed upon a person 18 years of age or older, the information or indictment shall be found within 10 years of the date the person was last treated by the counselor or therapist, or within 10 years of the date the person was enrolled in or attended the school.
   The amendment to Code section 802.2B provides that an information or indictment may be commenced at any time after the commission of any of the following offenses if the offense is committed on or with a person under the age of 18: sexual abuse in the first degree in violation of Code section 709.2; sexual abuse in the second degree in violation of Code section 709.3; sexual abuse in the third degree in violation of Code section 709.4; lascivious acts with a child in violation of Code section 709.8; assault with intent to commit sexual abuse in violation of Code section 709.11; indecent contact with a child in violation of Code section 709.12; lascivious conduct with a minor in violation of Code section 709.14; sexual exploitation by a counselor, therapist, or school employee in violation of Code section 709.15; sexual misconduct with a juvenile in violation of Code section 709.16, subsection 2; kidnapping in the first degree in violation of Code section 710.2; kidnapping in the second degree in violation of Code section 710.3; kidnapping in the third degree in violation of Code section 710.4; human trafficking in violation of Code section 710A.2; incest in violation of Code section 726.2; and sexual exploitation of a minor in violation of Code section 728.12. Under current law for the preceding offenses, an information or indictment committed on or with a person who is under 18 years of age shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
   The amendment to Code section 802.2C provides that an information or indictment for kidnapping in the first, second, or third degree committed on or with a person who is under the age of 18 years may be found at any time after commission of the offense. Under current law for kidnapping offenses, the information or indictment for an offense committed on or with a person who is under the age of 18 years of age, shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
   The amendment to Code section 802.2D provides that an information or indictment for human trafficking in violation of Code section 710A.2, committed on or with a person who is under the age of 18 years may be found at any time after commission of the offense. Under current law for human trafficking offenses, the information or indictment for an offense committed on or with a person who is under the age of 18 years of age, shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.