Senate Study Bill 1029 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) 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 1169DP 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 commitsan aggravated misdemeanora 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 1169DP 81 1 26 jm/sh/8