Text: SSB02181 Text: SSB02183 Text: SSB02100 - SSB02199 Text: SSB 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 Sec. 3. NEW SECTION. 903B.1 HORMONAL INTERVENTION 1 35 THERAPY – CERTAIN SEX OFFENSES. 2 1 1. A person who has been convicted of a serious sex 2 2 offense may, upon a first conviction and in addition to any 2 3 other punishment provided by law, be required to undergo 2 4 medroxyprogesterone acetate treatment as part of any 2 5 conditions of release imposed by the court or the board of 2 6 parole. Upon a second or subsequent conviction, the court or 2 7 the board of parole shall require the person to undergo 2 8 medroxyprogesterone acetate treatment as a condition of 2 9 release. This section shall not apply if the person 2 10 voluntarily undergoes a permanent surgical alternative 2 11 approved by the court or the board of parole. 2 12 2. If a person is placed on probation and is not in 2 13 confinement at the time of sentencing, the presentence 2 14 investigation shall include a plan for initiation of treatment 2 15 as soon as is reasonably possible after the person is 2 16 sentenced. If the person is in confinement prior to release 2 17 on probation or parole, treatment shall commence prior to the 2 18 release of the person from confinement. Conviction of a 2 19 serious sex offense shall constitute exceptional circumstances 2 20 warranting a presentence investigation under section 901.2. 2 21 3. For purposes of this section, a "serious sex offense" 2 22 means any of the following offenses in which the victim was a 2 23 child who was, at the time the offense was committed, twelve 2 24 years of age or younger: 2 25 a. Sexual abuse in the first degree, in violation of 2 26 section 709.2. 2 27 b. Sexual abuse in the second degree, in violation of 2 28 section 709.3. 2 29 c. Sexual abuse in the third degree, in violation of 2 30 section 709.4. 2 31 d. Lascivious acts with a child, in violation of section 2 32 709.8. 2 33 e. Assault with intent, in violation of section 709.11. 2 34 f. Indecent contact with a minor, in violation of section 2 35 709.12. 3 1 g. Lascivious conduct with a minor, in violation of 3 2 section 709.14. 3 3 h. Sexual exploitation by a counselor in violation of 3 4 section 709.15. 3 5 i. Sexual exploitation of a minor, in violation of section 3 6 728.12, subsections 1 and 2. 3 7 4. The department of corrections, in consultation with the 3 8 board of parole, shall adopt rules which provide for the 3 9 initiation of medroxyprogesterone acetate treatment prior to 3 10 the parole or work release of a person who has been convicted 3 11 of a serious sex offense and who is required to undergo 3 12 treatment as a condition of release by the board of parole. 3 13 The department's rules shall also establish standards for the 3 14 supervision of the treatment by the judicial district 3 15 department of correctional services during the period of 3 16 release. Each district department of correctional services 3 17 shall adopt policies and procedures which provide for the 3 18 initiation or continuation of medroxyprogesterone acetate 3 19 treatment as a condition of release for each person who is 3 20 required to undergo the treatment by the court or the board of 3 21 parole. The board of parole shall, in consultation with the 3 22 department of corrections, adopt rules which relate to 3 23 initiation or continuation of medroxyprogesterone acetate 3 24 treatment as a condition of any parole or work release. 3 25 Sec. 4. SEX OFFENDER TREATMENT INTERIM STUDY COMMITTEE. 3 26 The legislative council is requested to authorize an interim 3 27 study committee to issue a report to the general assembly 3 28 which convenes in 1999, concerning the treatments available 3 29 and used in the United States and other countries to 3 30 rehabilitate sex offenders and deter those persons from 3 31 engaging in criminal sexual acts or activities in the future. 3 32 EXPLANATION 3 33 This bill provides for the imposition of a life sentence 3 34 for persons who commit repeat acts of sexual abuse against 3 35 children age 15 and younger. 4 1 Currently, a person who commits sexual abuse of a child 4 2 under the age of 12 commits sexual abuse in the second degree 4 3 under Code section 709.3. Sexual abuse in the second degree 4 4 is a class "B" felony punishable by a sentence of imprisonment 4 5 not to exceed 25 years, 85 percent of which must be served 4 6 before the person can be released. Currently, a person 4 7 commits sexual abuse in the third degree under Code section 4 8 709.4 when the person commits sexual abuse of a child who is 4 9 12 or 13 or commits sexual abuse of a child who is 14 or 15 4 10 when any of the following applies: the child and the person 4 11 are members of the same household, the child and the person 4 12 are related within the fourth degree by blood or marriage, the 4 13 person uses a position of authority to coerce the child to 4 14 submit, or the person is five or more years older than the 4 15 child. Sexual abuse in the third degree is a class "C" felony 4 16 punishable by imprisonment not to exceed 10 years and a fine 4 17 of at least $500 but not more than $10,000. 4 18 The bill provides that if a person is convicted of one of 4 19 those specific violations of those sections and has previously 4 20 been convicted of one of those violations of those sections, 4 21 the person is to be sentenced to life imprisonment on the same 4 22 terms and conditions that apply to class "A" felons. 4 23 The bill also creates new Code section 903B.1, which 4 24 provides that persons who are convicted of certain enumerated 4 25 "serious sex offenses" may, on a first conviction, and shall, 4 26 on a second or subsequent conviction, be required to undergo 4 27 hormonal intervention therapy by the court or board of parole. 4 28 If the person has been confined, the treatment is to commence 4 29 before the person is released. If the person was not confined 4 30 at the time of sentencing, a plan for commencement of 4 31 treatment is to be developed and included in the presentence 4 32 investigation report. "Serious sex offenses" includes sexual 4 33 abuse in the first, second, or third degree, lascivious acts 4 34 with a child, assault with intent to commit sexual abuse, 4 35 sexual exploitation by a counselor, and sexual exploitation of 5 1 a minor. 5 2 The bill also contains a provision requesting that the 5 3 legislative council establish an interim study committee 5 4 concerning the treatments available and used in the United 5 5 States and other countries to rehabilitate persons who have 5 6 engaged in criminal sexual acts or activities and deter them 5 7 from future acts. The committee is to issue a report to the 5 8 general assembly which convenes in 1999. 5 9 LSB 4351SC 77 5 10 lh/jw/5
Text: SSB02181 Text: SSB02183 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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