House Study Bill 675 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            HUMAN SERVICES BILL)


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

                                      A BILL FOR

  1 An Act relating to sexual misconduct with a juvenile, and
  2    providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5346DP 82
  5 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 709.16, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  An officer, employee, contractor, vendor, volunteer, or
  1  4 agent of a juvenile placement facility who engages in a sex
  1  5 act with a juvenile placed at such facility commits an
  1  6 aggravated misdemeanor a class "C" felony.
  1  7    For purposes of this subsection, a "juvenile placement
  1  8 facility" means any of the following:
  1  9    a.  A child foster care facility licensed under section
  1 10 237.4.
  1 11    b.  Institutions controlled by the department of human
  1 12 services listed in section 218.1.
  1 13    c.  Juvenile detention and juvenile shelter care homes
  1 14 approved under section 232.142.
  1 15    d.  Psychiatric medical institutions for children licensed
  1 16 under chapter 135H.
  1 17    e.  Substance abuse facilities as defined in section 125.2.
  1 18                           EXPLANATION
  1 19    This bill relates to sexual misconduct with a juvenile.
  1 20    The bill increases the penalty from an aggravated
  1 21 misdemeanor to a class "C" felony, for an officer, employee,
  1 22 contractor, vendor, volunteer, or agent of a juvenile
  1 23 placement facility who engages in a sex act with a juvenile
  1 24 placed at such a facility.  A "juvenile placement facility" is
  1 25 defined in Code section 709.16(2).
  1 26    The term "sex act" is defined in Code section 702.17.
  1 27    A class "C" felony is punishable by confinement for no more
  1 28 than 10 years and a fine of at least $1,000 but not more than
  1 29 $10,000.  An aggravated misdemeanor is punishable by
  1 30 confinement for no more than two years and a fine of at least
  1 31 $625 but not more than $6,250.
  1 32 LSB 5346DP 82
  1 33 jm/rj/8.1