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Senate File 2203

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 901A.2, subsections 3 and 4, Code 1997,
  1  2 are amended to read as follows:
  1  3    3.  A Except as otherwise provided in subsection 4A, a
  1  4 person convicted of a sexually predatory offense which is a
  1  5 felony, who has a prior conviction for a sexually predatory
  1  6 offense, shall be sentenced to and shall serve twice the
  1  7 maximum period of incarceration for the offense, or twenty-
  1  8 five years, whichever is greater, notwithstanding any other
  1  9 provision of the Code to the contrary.  A person sentenced
  1 10 under this subsection shall not have the person's sentence
  1 11 reduced under chapter 903A or otherwise by more than fifteen
  1 12 percent.
  1 13    4.  A Except as otherwise provided in subsection 4A, a
  1 14 person convicted of a sexually predatory offense which is a
  1 15 felony who has previously been sentenced under subsection 3
  1 16 shall be sentenced to life in prison on the same terms as a
  1 17 class "A" felon under section 902.1, notwithstanding any other
  1 18 provision of the Code to the contrary.  In order for a person
  1 19 to be sentenced under this subsection, the prosecuting
  1 20 attorney shall allege and prove that this section is
  1 21 applicable to the person.
  1 22    Sec. 2.  Section 901A.2, Code 1997, is amended by adding
  1 23 the following new subsection:
  1 24    NEW SUBSECTION.  4A.  A person who has been convicted of a
  1 25 violation of either section 709.3, subsection 2, or section
  1 26 709.4, subsection 2, paragraph "b" or "c", shall, upon a
  1 27 second conviction for a violation of either section 709.3,
  1 28 subsection 2, or section 709.4, subsection 2, paragraph "b" or
  1 29 "c", be committed to the custody of the director of the Iowa
  1 30 department of corrections for the rest of the person's life.
  1 31 The terms and conditions applicable to sentences for class "A"
  1 32 felons under chapters 901 through 909 shall apply to persons
  1 33 sentenced under this subsection.  
  1 34                           EXPLANATION
  1 35    This bill provides for the imposition of a life sentence
  2  1 for persons who commit repeat acts of sexual abuse against
  2  2 children age 15 and younger.
  2  3    Currently, a person who commits sexual abuse of a child
  2  4 under the age of 12 commits sexual abuse in the second degree
  2  5 under Code section 709.3.  Sexual abuse in the second degree
  2  6 is a class "B" felony punishable by a sentence of imprisonment
  2  7 not to exceed 25 years, 85 percent of which must be served
  2  8 before the person can be released.  Currently, a person
  2  9 commits sexual abuse in the third degree under Code section
  2 10 709.4 when the person commits sexual abuse of a child who is
  2 11 12 or 13 or commits sexual abuse of a child who is 14 or 15
  2 12 when any of the following applies:  the child and the person
  2 13 are members of the same household, the child and the person
  2 14 are related within the fourth degree by blood or marriage, the
  2 15 person uses a position of authority to coerce the child to
  2 16 submit, or the person is five or more years older than the
  2 17 child.  Sexual abuse in the third degree is a class "C" felony
  2 18 punishable by imprisonment not to exceed 10 years and a fine
  2 19 of at least $500 but not more than $10,000.
  2 20    The bill provides that if a person is convicted of one of
  2 21 those specific violations of those sections and has previously
  2 22 been convicted of one of those violations of those sections,
  2 23 the person is to be sentenced to life imprisonment on the same
  2 24 terms and conditions that apply to class "A" felons.  
  2 25 LSB 3725SS 77
  2 26 lh/cf/24
     

Text: SF02202                           Text: SF02204
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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