Text: SF00345                           Text: SF00347
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Senate File 346

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 346     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE DEPARTMENT OF CORRECTIONS BY PROVIDING FOR THE
  1  5    USE OF DEADLY FORCE BY CORRECTIONAL OR PEACE OFFICERS, FOR
  1  6    THE CREATION OF A NEW CRIMINAL OFFENSE WITH A CORRECTIONAL
  1  7    IMPACT, FOR SUBMISSION OF PRESENTENCE INVESTIGATION REPORTS
  1  8    TO THE DEPARTMENT, FOR ESTABLISHING A TRAINING FUND IN THE
  1  9    DEPARTMENT, FOR INMATE DONATIONS FOR VICTIMS' TRAVEL EXPENSES,
  1 10    AND FOR TRANSCRIPTION AND RECORDING OF TESTIMONY FOR CERTAIN
  1 11    INVESTIGATIONS CONDUCTED BY THE DEPARTMENT OF CORRECTIONS.  
  1 12 
  1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 14 
  1 15    Section 1.  Section 232.68, subsection 2, Code 2001, is
  1 16 amended by adding the following new paragraph:
  1 17    NEW PARAGRAPH.  g.  The commission of bestiality in the
  1 18 presence of a minor under section 717C.1 by a person who
  1 19 resides in a home with a child, as a result of the acts or
  1 20 omissions of a person responsible for the care of the child.
  1 21    Sec. 2.  Section 704.8, Code 2001, is amended to read as
  1 22 follows:
  1 23    704.8  ESCAPE FROM PLACE OF CONFINEMENT.
  1 24    A correctional officer or peace officer is justified in
  1 25 using reasonable force, including deadly force, which is
  1 26 necessary to prevent the escape of any person from any jail,
  1 27 penal institution, correctional facility, or similar place of
  1 28 confinement, or place of trial or other judicial proceeding,
  1 29 or to prevent the escape from custody of any person who is
  1 30 being transported from any such place of confinement, trial or
  1 31 judicial proceeding to any other such place, except that
  1 32 deadly force may not be used to prevent the escape of one who
  1 33 the correctional officer or peace officer knows or should know
  1 34 is confined on a charge or conviction of any class of
  1 35 misdemeanor.
  2  1    Sec. 3.  NEW SECTION.  717C.1  BESTIALITY.
  2  2    1.  For purposes of this section:
  2  3    a.  "Animal" means any nonhuman vertebrate, either dead or
  2  4 alive.
  2  5    b.  "Sex act" means any sexual contact between a person and
  2  6 an animal by penetration of the penis into the vagina or anus,
  2  7 contact between the mouth and genitalia, or by contact between
  2  8 the genitalia of one and the genitalia or anus of the other.
  2  9    2.  A person who performs a sex act with an animal, is
  2 10 guilty of an aggravated misdemeanor.
  2 11    3.  Upon a conviction for a violation of this section, and
  2 12 in addition to any sentence authorized by law, the court shall
  2 13 require the person to submit to a psychological evaluation and
  2 14 treatment at the person's expense.
  2 15    Sec. 4.  Section 904.202, Code 2001, is amended to read as
  2 16 follows:
  2 17    904.202  INTAKE AND CLASSIFICATION CENTER.
  2 18    The director may provide facilities and personnel for a
  2 19 diagnostic intake and classification center.  The work of the
  2 20 center shall include a scientific study of each inmate, the
  2 21 inmate's career and life history, the causes of the inmate's
  2 22 criminal acts and recommendations for the inmate's custody,
  2 23 care, training, employment, and counseling with a view to
  2 24 rehabilitation and to the protection of society.  To
  2 25 facilitate the work of the center and to aid in the
  2 26 rehabilitation of the inmates, the trial judge, prosecuting
  2 27 attorney, and presentence investigators shall furnish the
  2 28 director upon request with any previously authorized
  2 29 presentence investigation report and a full statement of facts
  2 30 and circumstances attending the commission of the offense so
  2 31 far as known or believed by them.  If the department develops
  2 32 and utilizes an inmate classification system, it must, within
  2 33 a reasonable time, present evidence from independent experts
  2 34 as to the effectiveness and validity of the classification
  2 35 system.
  3  1    Sec. 5.  NEW SECTION.  904.303A  TRAINING FUND.
  3  2    A training fund is established under the control of the
  3  3 department.  The director shall provide training to all new
  3  4 officers or employees of the department free of charge.  The
  3  5 department shall also offer in-service training which shall
  3  6 include classes for officers and employees in the areas of
  3  7 safety, first aid, emergency preparedness, and any other
  3  8 appropriate class determined by the director.  Employees of a
  3  9 judicial district may also attend any in-service training
  3 10 offered by the department.  The department may recover from
  3 11 the correctional institution or judicial district, the actual
  3 12 costs of planning and conducting the training classes, if an
  3 13 employee of the institution or judicial district attends an
  3 14 in-service training class.  The costs that may be recovered by
  3 15 the department include the costs of course development,
  3 16 training materials, equipment and facility rental,
  3 17 instruction, and administration.  Moneys received as
  3 18 reimbursement of the costs shall be deposited in the training
  3 19 fund for use in conducting future training classes.  All cost
  3 20 reimbursement moneys, grants, or appropriations related to
  3 21 training shall be deposited in the fund.  Notwithstanding
  3 22 section 8.33, moneys remaining in the training fund at the end
  3 23 of a fiscal year shall not revert to the general fund of the
  3 24 state.  Notwithstanding section 12C.7, interest and earnings
  3 25 deposited in the training fund shall be credited to the
  3 26 training fund.
  3 27    Sec. 6.  Section 904.310, Code 2001, is amended to read as
  3 28 follows:
  3 29    904.310  CANTEENS.
  3 30    The director may maintain a canteen at an institution under
  3 31 the director's jurisdiction for the sale to persons confined
  3 32 in the institution of items such as toilet articles, candy,
  3 33 tobacco products, notions, and other sundries, and may provide
  3 34 the necessary facilities, equipment, personnel, and
  3 35 merchandise for the canteen.  The director shall specify the
  4  1 items to be sold in the canteen.  The department may establish
  4  2 and maintain a permanent operating fund for each canteen.  The
  4  3 fund shall consist of the receipts from the sale of
  4  4 commodities at the canteen and donations designated by inmates
  4  5 for reimbursement of victims' travel expenses.  Any money in
  4  6 the fund over the amount needed to do normal business
  4  7 transactions, and to reimburse any accounts which have
  4  8 subsidized the canteen fund, and to reimburse victims' travel
  4  9 expenses, shall be considered profit.  This money may remain
  4 10 in the canteen fund and be used for any purchase which the
  4 11 superintendent approves that will directly and collectively
  4 12 benefit the inmates of the institution or to reimburse
  4 13 victims' travel expenses.
  4 14    Sec. 7.  Section 904.405, Code 2001, is amended to read as
  4 15 follows:
  4 16    904.405  TRANSCRIPT OF TESTIMONY.
  4 17    The director shall cause the testimony taken at the
  4 18 investigation to be transcribed and recorded.  The recording
  4 19 of the testimony shall not be transcribed unless the testimony
  4 20 is part of a case that is appealed or an interested party
  4 21 requests a transcript and pays the cost of preparing the
  4 22 transcript.  The recording of the testimony, or the
  4 23 transcription thereof, shall be filed and maintained in the
  4 24 director's office at the seat of government within ten days
  4 25 after the testimony is taken, or as soon as practicable, and
  4 26 when filed the testimony shall be open for the inspection of
  4 27 any person for at least five years from the date the testimony
  4 28 is taken or the date of a final decision in a case involving
  4 29 the testimony, whichever is later.  However, a recording of
  4 30 testimony involving any employee of the department shall
  4 31 continue to be filed and maintained until the employee no
  4 32 longer is employed by the department.  
  4 33 
  4 34 
  4 35                                                             
  5  1                               MARY E. KRAMER
  5  2                               President of the Senate
  5  3 
  5  4 
  5  5                                                             
  5  6                               BRENT SIEGRIST
  5  7                               Speaker of the House
  5  8 
  5  9    I hereby certify that this bill originated in the Senate and
  5 10 is known as Senate File 346, Seventy-ninth General Assembly.
  5 11 
  5 12 
  5 13                                                             
  5 14                               MICHAEL E. MARSHALL
  5 15                               Secretary of the Senate
  5 16 Approved                , 2001
  5 17 
  5 18 
  5 19                                
  5 20 THOMAS J. VILSACK
  5 21 Governor
     

Text: SF00345                           Text: SF00347
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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