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