House Amendment 1349


PAG LIN




     1  1    Amend Senate File 383, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 1, by striking lines 1 through 9, and
     1  4 inserting the following:
     1  5    <Section 1.  Section 709.16, Code 2005, is amended
     1  6 to read as follows:
     1  7    709.16  SEXUAL MISCONDUCT WITH OFFENDERS AND
     1  8 JUVENILES.
     1  9    1.  An officer, employee, contractor, vendor,
     1 10 volunteer, or agent of the department of corrections,
     1 11 or an officer, employee, or agent of a judicial
     1 12 district department of correctional services, who
     1 13 engages in a sex act with an individual committed to
     1 14 the custody of the department of corrections or a
     1 15 judicial district department of correctional services
     1 16 commits an aggravated misdemeanor a class "D" felony.
     1 17    2.  An officer, employee, contractor, vendor,
     1 18 volunteer, or agent of a juvenile placement facility
     1 19 who engages in a sex act with a juvenile placed at
     1 20 such facility commits an aggravated misdemeanor a
     1 21 class "D" felony.
     1 22    For purposes of this subsection, a "juvenile
     1 23 placement facility" means any of the following:
     1 24    a.  A child foster care facility licensed under
     1 25 section 237.4.
     1 26    b.  Institutions controlled by the department of
     1 27 human services listed in section 218.1.
     1 28    c.  Juvenile detention and juvenile shelter care
     1 29 homes approved under section 232.142.
     1 30    d.  Psychiatric medical institutions for children
     1 31 licensed under chapter 135H.
     1 32    e.  Substance abuse facilities as defined in
     1 33 section 125.2.
     1 34    3.  An officer, employee, contractor, vendor,
     1 35 volunteer, or agent of a county who engages in a sex
     1 36 act with a prisoner incarcerated in a county jail
     1 37 commits an aggravated misdemeanor a class "D" felony.>
     1 38 #2.  Title page, by striking lines 2 through 4 and
     1 39 inserting the following:  <offenders and juveniles.>
     1 40
     1 41
     1 42                               
     1 43 COMMITTEE ON PUBLIC SAFETY
     1 44 BAUDLER of Adair, CHAIRPERSON
     1 45 SF 383.701 81
     1 46 jm/gg/2817
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   1 48
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   1 50

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