Senate File 383 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1029)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the penalty for sexual misconduct with
  2    offenders committed by an officer, employee, or agent of the
  3    department of corrections or a judicial district department of
  4    correctional services, and providing a penalty.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1169SV 81
  7 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 709.16, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  An officer, employee, contractor, vendor, volunteer, or
  1  4 agent of the department of corrections, or an officer,
  1  5 employee, or agent of a judicial district department of
  1  6 correctional services, who engages in a sex act with an
  1  7 individual committed to the custody of the department of
  1  8 corrections or a judicial district department of correctional
  1  9 services commits an aggravated misdemeanor a class "D" felony.
  1 10                           EXPLANATION
  1 11    This bill relates to sexual misconduct committed with a
  1 12 person in custody of the department of corrections or placed
  1 13 with the judicial district department of correctional
  1 14 services.  The bill changes the criminal penalty for sexual
  1 15 misconduct committed by an employee, contractor, vendor,
  1 16 volunteer, or agent of the department of corrections or by an
  1 17 officer, employee, or agent of a judicial district department
  1 18 of correctional services from an aggravated misdemeanor to a
  1 19 class "D" felony.
  1 20    An aggravated misdemeanor is punishable by confinement for
  1 21 no more than two years and a fine of at least $500 but not
  1 22 more than $5,000.  A class "D" felony is punishable by
  1 23 confinement for no more than five years and a fine of at least
  1 24 $750 but not more than $7,500.
  1 25 LSB 1169SV 81
  1 26 jm/sh/8