Text: HF00225 Text: HF00227 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.17 ENHANCED PENALTY FOR
1 2 REPEAT OFFENSES.
1 3 1. A person who is convicted of a second or subsequent
1 4 violation of any provision of this chapter with a child shall
1 5 be punished as follows:
1 6 a. For a second violation, the person shall be sentenced
1 7 to two times the maximum term otherwise provided by law, and
1 8 the judgment or sentence shall not be deferred, or suspended,
1 9 notwithstanding section 907.3.
1 10 b. A third or subsequent violation shall be punished as a
1 11 class "D" felony if the underlying offense is a misdemeanor,
1 12 or shall be punished as a felony one class higher than the
1 13 underlying offense if the underlying offense is a class "D" or
1 14 class "C" felony. The person shall be sentenced to three
1 15 times the maximum term otherwise provided by this paragraph,
1 16 and the judgment or sentence shall not be deferred, or
1 17 suspended, notwithstanding section 907.3. In addition, the
1 18 person shall not be eligible for parole.
1 19 2. The penalties provided for in this section apply even
1 20 though the second or subsequent violation with a child is for
1 21 a different offense from the previous offense under this
1 22 chapter.
1 23 Sec. 2. Section 726.6, subsection 2, Code 1995, is amended
1 24 to read as follows:
1 25 2. A person who commits child endangerment resulting in
1 26 serious injury to a child or minor or resulting in a skeletal
1 27 injury to a child under the age of four years is guilty of a
1 28 class "C" felony.
1 29 Sec. 3. NEW SECTION. 726.6B CHILD ENDANGERMENT RESULTING
1 30 IN DEATH.
1 31 A person who commits child endangerment as defined in
1 32 section 726.6, subsection 1, paragraph "b", which results in
1 33 the death of a child or mentally or physically handicapped
1 34 minor is guilty of a class "A" felony.
1 35 Sec. 4. CONDITIONAL EFFECTIVENESS PROVISION. This Act
2 1 shall not take effect unless an appropriation is made fully or
2 2 proportionally funding the cost of complying with the Act in
2 3 accordance with section 25B.2, subsection 3.
2 4 EXPLANATION
2 5 This bill provides that a person convicted of a second
2 6 violation under chapter 709 with a child shall be sentenced to
2 7 two times the term of imprisonment imposed for the offense.
2 8 No part of this sentence shall be deferred or suspended by the
2 9 court.
2 10 The bill also provides that a person convicted of a third
2 11 or subsequent offense under chapter 709 with a child shall be
2 12 punished as a class "D" felony if the underlying offense is a
2 13 misdemeanor and a felony one class higher if the underlying
2 14 offense is a class "D" or class "C" felony. The first and
2 15 subsequent violations need not be of the same provision in
2 16 chapter 709 for the enhanced penalties to take effect.
2 17 This bill also provides that a person committing child
2 18 endangerment by intentionally using unreasonable force,
2 19 torture, or cruelty that results in the death of a child or
2 20 physically or mentally handicapped minor commits a class "A"
2 21 felony. The bill further provides that a person who commits
2 22 child endangerment resulting in a skeletal injury to a child
2 23 under the age of four commits a class "C" felony.
2 24 The bill may contain a state mandate under chapter 25B. If
2 25 the bill contains a state mandate, political subdivisions are
2 26 not required to comply with the mandate unless an
2 27 appropriation is made fully or proportionately funding the
2 28 cost of the mandates in accordance with section 25B.2,
2 29 subsection 3.
2 30 LSB 1963YH 76
2 31 mk/sc/14
Text: HF00225 Text: HF00227 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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