Text: SF00402 Text: SF00404 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 600A.8, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 10. A parent who has been adjudicated 1 4 guilty of the act of sexual abuse in violation of section 1 5 709.2, 709.3, or 709.4, and whose parental rights were not 1 6 terminated under section 901.5, subsection 8B. 1 7 Sec. 2. NEW SECTION. 600A.11 SEXUAL ABUSE ADJUDICATION 1 8 – TERMINATION. 1 9 Upon an adjudication of guilt for the act of sexual abuse 1 10 in violation of section 709.2, 709.3, or 709.4, the person who 1 11 committed sexual abuse shall have the person's parental rights 1 12 terminated with respect to any child born or expected to be 1 13 born that resulted from the commission of the act of sexual 1 14 abuse as provided in section 901.5, subsection 8B, if the 1 15 victim requests such a termination. 1 16 Sec. 3. Section 709.12, unnumbered paragraph 1, Code 2001, 1 17 is amended to read as follows: 1 18 A person eighteen years of age or older is upon conviction 1 19 guilty of an aggravated misdemeanor if the person commits any 1 20 of the following acts with a child, not the person's spouse, 1 21 with or without the child's consent,for the purpose of1 22arousing or satisfying the sexual desires of either of them:1 23 which are not related to parental responsibilities or 1 24 medically necessary. 1 25 Sec. 4. Section 802.2, subsection 1, Code 2001, is amended 1 26 to read as follows: 1 27 1. An information or indictment for sexual abuse in the 1 28 first, second, or third degree committed on or with a person 1 29 who is under the age of eighteen yearsshall be found within1 30ten years after the person upon whom the offense is committed1 31attains eighteen years of agemay be commenced at any time 1 32 after the commission of the act. 1 33 Sec. 5. Section 901.5, Code 2001, is amended by adding the 1 34 following new subsection: 1 35 NEW SUBSECTION. 8B. In the case of a violation of sexual 2 1 abuse under section 709.2, 709.3, or 709.4, the court shall 2 2 terminate the parental rights of the defendant with respect to 2 3 any child born or expected to be born as a result of the act 2 4 of sexual abuse if the victim requests the termination. 2 5 Sec. 6. Section 915.20, subsection 1, paragraph a, Code 2 6 2001, is amended to read as follows: 2 7 a. "Proceedings related to the offense" means any 2 8 activities engaged in or proceedings commenced by a law 2 9 enforcement agency, judicial district department of 2 10 correctional services, or a court pertaining to the commission 2 11 of a public offense against the victim, in which the victim is 2 12 present, as well as examinations of the victim in an emergency 2 13 medical facility due to injuries from the public offense which 2 14 do not require surgical procedures. "Proceedings related to 2 15 the offense" includes, but is not limited to, law enforcement 2 16 investigations, pretrial court hearings, trial and sentencing 2 17 proceedings,andproceedings relating to the preparation of a 2 18 presentence investigation report in which the victim is 2 19 present, and any civil proceedings. 2 20 Sec. 7. Section 915.44, Code 2001, is amended to read as 2 21 follows: 2 22 915.44 POLYGRAPH EXAMINATIONS OF VICTIMS OR WITNESSES – 2 23 LIMITATIONS. 2 24 1. A criminal or juvenile justice agency shall not require 2 25 a person claiming to be a victim of sexual assault or claiming 2 26 to be a witness regarding the sexual assault of another person 2 27 to submit to a polygraph or similar examinationas a2 28precondition to the agency conducting an investigation into2 29the matter. 2 30 2.An agency wishing to perform a polygraph examination of2 31aA person claiming to be a victim or witness of sexual 2 32 assaultshall inform the person of the followingwho wishes to 2 33 submit to a polygraph examination shall be informed of the 2 34 following by the examining agency: 2 35 a. That taking the polygraph examination is voluntary. 3 1 b. That the results of the examination are not admissible 3 2 in court. 3 3 c. That the person's decision to submit or refuse a 3 4 polygraph examination will not be the sole basis for a 3 5 decision by the agency not to investigate the matter. 3 6 3. An agency which declines to investigate an alleged case 3 7 of sexual assaultfollowing a decision byinvolving a person 3 8 claiming to be a victimnot to submit to a polygraph3 9examinationshall provide to that person, in writing, the 3 10 reasons why the agency did not pursue the investigation at the 3 11 request of the person. 3 12 EXPLANATION 3 13 This bill makes several changes to statutory provisions 3 14 related to criminal offenses and crime victims. 3 15 Code section 600A.8, relating to grounds for terminating 3 16 parental rights, is amended. The bill provides that an 3 17 adjudication of guilt for an act of sexual abuse, the result 3 18 of which is the birth of a child, is a ground for termination 3 19 of parental rights. 3 20 New Code section 600A.11, relating to terminating parental 3 21 rights, is created. The Code section provides that upon an 3 22 adjudication of guilt, a person who commits sexual abuse shall 3 23 have the person's parental rights terminated under Code 3 24 section 901.5 with respect to any child born or expected to be 3 25 born that resulted from the act of sexual abuse if the victim 3 26 requests the termination. 3 27 Code section 709.12, relating to the criminal offense of 3 28 indecent contact with a child, is amended. The bill 3 29 eliminates "arousing or satisfying sexual desires of either 3 30 party" as an element of the offense but adds that a person 3 31 does not commit indecent contact with a child if the act is 3 32 related to parental responsibilities or medically necessary. 3 33 To be convicted of the criminal offense of indecent contact 3 34 with a child, current law provides that the person must 3 35 perform the illegal act and do so with the purpose of arousing 4 1 or satisfying the sexual desires of either party. 4 2 Code section 802.2(1), relating to the statute of 4 3 limitations for sexual abuse committed on or with a person 4 4 under the age of 18, is amended. The bill provides that the 4 5 statute of limitations shall be extended to any time period 4 6 after commission of the sexual abuse. Current law provides 4 7 that the statute of limitations is 10 years after the victim 4 8 reaches the age of 18. 4 9 Code section 915.20, relating to crime victim counselors, 4 10 is amended. The bill provides that a crime victim counselor 4 11 shall not be denied access to any civil proceedings related to 4 12 a criminal offense, if the counselor is requested to be 4 13 present at the proceedings by the victim. Current law 4 14 provides that a crime victim counselor shall not be denied 4 15 access to criminal proceedings, if the counselor's presence is 4 16 requested by the victim. 4 17 Code section 915.44, relating to polygraph examinations of 4 18 sexual abuse victims, is amended. The bill and current law 4 19 provide that a law enforcement agency shall not require a 4 20 sexual abuse victim or sexual abuse witness to submit to a 4 21 polygraph examination. The bill also provides that a sexual 4 22 abuse victim or a witness to sexual abuse who wishes to submit 4 23 to a polygraph examination, may do so only after being 4 24 informed that the examination is voluntary, not admissible in 4 25 court, and the decision to submit or refuse an examination 4 26 will not be the sole basis for a decision to not investigate 4 27 the matter. 4 28 LSB 2635SS 79 4 29 jm/pj/5.1
Text: SF00402 Text: SF00404 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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