House Amendment 8703


PAG LIN




     1  1    Amend House File 2700 as follows:
     1  2 #1.  By striking page 38, line 35, through page 39,
     1  3 line 32, and inserting the following:
     1  4    <Sec.    .  NEW SECTION.  692A.3B  PRESENCE ON THE
     1  5 REAL PROPERTY COMPRISING A CHILD CARE FACILITY OR
     1  6 CHILD CARE HOME == RESTRICTION.
     1  7    1.  As used in this section, "child care provider"
     1  8 includes a "child care center", "child care home",
     1  9 "child development home", and "preschool" as those
     1 10 terms are defined in section 237A.1, and a "child care
     1 11 program" as defined in section 279.49 and authorized
     1 12 in section 280.3A.
     1 13    2.  A person required to register under this
     1 14 chapter who has been convicted of a criminal offense
     1 15 against a minor, or an offense involving a minor that
     1 16 is an aggravated offense, sexually violent offense, or
     1 17 other relevant offense, shall not be knowingly present
     1 18 on the real property comprising a child care provider,
     1 19 except under one of the following circumstances:
     1 20    a.  The person is transporting a minor who is a
     1 21 child of the person to or from the child care
     1 22 provider.
     1 23    b.  The person is responding to a health or
     1 24 behavioral emergency regarding a minor who is the
     1 25 child of the person.
     1 26    c.  The person has been summoned to discuss the
     1 27 developmental activity or social progress of a minor
     1 28 who is a child of the person.
     1 29    d.  The person is voting in the building in which
     1 30 the child care provider is located during the hours
     1 31 designated to vote.
     1 32    3.  The child care provider's owner or
     1 33 administrator shall provide notice to the parents,
     1 34 guardians, or custodians of the children receiving
     1 35 child care from the child care provider about the
     1 36 presence of a person on the real property comprising
     1 37 the child care provider, as authorized in accordance
     1 38 with subsection 2.
     1 39    4.  A person required to register under this
     1 40 chapter who commits a violation of this section
     1 41 commits an aggravated misdemeanor.
     1 42    Sec.    .  Section 709.8, unnumbered paragraph 2,
     1 43 Code 2007, is amended to read as follows:
     1 44    Any person who violates a provision of this section
     1 45 involving an act included in subsection 1 or 2 shall,
     1 46 upon conviction, be guilty of a class "C" felony.  Any
     1 47 person who violates a provision of this section
     1 48 involving an act included in subsection 3 or 4 shall,
     1 49 upon conviction, be guilty of a class "D" felony.
     1 50    Sec.    .  Section 709.11, Code 2007, is amended to
     2  1 read as follows:
     2  2    709.11  ASSAULT WITH INTENT TO COMMIT SEXUAL ABUSE.
     2  3    Any person who commits an assault, as defined in
     2  4 section 708.1, with the intent to commit sexual abuse
     2  5 is guilty of a class "C" felony if the person thereby
     2  6 causes serious injury to any person and guilty of a
     2  7 class "D" felony if the person thereby causes any
     2  8 person a bodily injury other than a serious does not
     2  9 cause an injury to a person.  The person is guilty of
     2 10 an aggravated misdemeanor if no injury results.
     2 11    Sec.    .  Section 709.12, unnumbered paragraph 1,
     2 12 Code 2007, is amended to read as follows:
     2 13    A person eighteen years of age or older is upon
     2 14 conviction guilty of an aggravated misdemeanor a class
     2 15 "D" felony if the person commits any of the following
     2 16 acts with a child, not the person's spouse, with or
     2 17 without the child's consent, for the purpose of
     2 18 arousing or satisfying the sexual desires of either of
     2 19 them:
     2 20    Sec.    .  Section 709.14, Code 2007, is amended to
     2 21 read as follows:
     2 22    709.14  LASCIVIOUS CONDUCT WITH A MINOR.
     2 23    1.  It is unlawful for a person over eighteen years
     2 24 of age who is in a position of authority over a minor
     2 25 to force, persuade, or coerce a minor, with or without
     2 26 consent, to disrobe or partially disrobe for the
     2 27 purpose of arousing or satisfying the sexual desires
     2 28 of either of them.
     2 29    2.  Lascivious conduct with a minor as prohibited
     2 30 in subsection 1 is a serious misdemeanor class "D"
     2 31 felony.>
     2 32
     2 33
     2 34                               
     2 35 BAUDLER of Adair
     2 36 HF 2700.229 82
     2 37 mg/mg/11829

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