Senate File 180 - Introduced
SENATE FILE
BY McKIBBEN, ANGELO, PUTNEY,
LUNDBY, BEHN, GASKILL, SEYMOUR,
NOBLE, ZAUN, McKINLEY, MULDER,
JOHNSON, WARD, HARTSUCH, ZIEMAN,
BOETTGER, KETTERING, WIECK,
HOUSER, and HAHN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criminal penalties for certain offenses
2 involving sexual abuse in the second degree, lascivious acts
3 with a child, and sexual exploitation, and establishing a duty
4 to inform law enforcement about a registered sex offender.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 692A.7A DUTY TO INFORM LAW
1 2 ENFORCEMENT == PENALTY.
1 3 A person commits a class "D" felony if the person knows
1 4 that another person is required to register under this chapter
1 5 and that the other person is not in compliance with this
1 6 chapter or is eluding a law enforcement agency that is seeking
1 7 to find the other person, and the person does any of the
1 8 following acts:
1 9 1. Withholds information from or fails to notify a law
1 10 enforcement agency about the whereabouts of the other person.
1 11 2. Provides materially false information to a peace
1 12 officer about the other person.
1 13 3. Harbors the other person.
1 14 4. Conceals the other person.
1 15 Sec. 2. Section 902.9, unnumbered paragraph 1, Code 2007,
1 16 is amended to read as follows:
1 17 The maximum sentence for any person convicted of a felony
1 18 shall be that prescribed by statute or, if not prescribed by
1 19 statute, if other than a class "A" or class "B1" felony shall
1 20 be determined as follows:
1 21 Sec. 3. NEW SECTION. 902.9A CLASS "B1" FELONS.
1 22 A person convicted of a class "B1" felony shall be confined
1 23 for a term of years as ordered by the court at the time of
1 24 sentencing. The minimum term of confinement shall be twenty=
1 25 five years and the maximum term of confinement may be for the
1 26 rest of the defendant's life.
1 27 Sec. 4. NEW SECTION. 902.15 SEXUAL ABUSE, LASCIVIOUS
1 28 ACTS, OR SEXUAL EXPLOITATION == ENHANCEMENT.
1 29 Notwithstanding the penalty for a violation of section
1 30 709.3, 709.8, or 728.12, if a person eighteen years of age or
1 31 older commits an offense against a child twelve years of age
1 32 or younger in violation of section 709.3, 709.8, or 728.12,
1 33 subsection 1, the person commits a class "B1" felony and shall
1 34 be denied parole or work release until the term of the
1 35 sentence ordered pursuant to section 902.9A has been served.
2 1 Sec. 5. Section 903A.2, subsection 1, unnumbered paragraph
2 2 1, Code 2007, is amended to read as follows:
2 3 Each inmate committed to the custody of the director of the
2 4 department of corrections is eligible to earn a reduction of
2 5 sentence, except as provided in paragraph "c", in the manner
2 6 provided in this section. For purposes of calculating the
2 7 amount of time by which an inmate's sentence may be reduced,
2 8 inmates shall be grouped into the following two three
2 9 sentencing categories:
2 10 Sec. 6. Section 903A.2, subsection 1, Code 2007, is
2 11 amended by adding the following new paragraph:
2 12 NEW PARAGRAPH. c. Category "C" sentences are those
2 13 sentences which are classified as class "B1" felonies under
2 14 section 902.15. An inmate of an institution under the control
2 15 of the department of corrections who is serving a category "C"
2 16 sentence is not eligible for a reduction of sentence.
2 17 Sec. 7. Section 903A.7, Code 2007, is amended to read as
2 18 follows:
2 19 903A.7 SEPARATE SENTENCES.
2 20 Consecutive multiple sentences that are within the same
2 21 category under section 903A.2 shall be construed as one
2 22 continuous sentence for purposes of calculating reductions of
2 23 sentence for earned time. If a person is sentenced to serve
2 24 sentences of both multiple categories, category "C" sentences
2 25 shall be served before category "B" or "A" sentences are
2 26 served, category "B" sentences shall be served before category
2 27 "A" sentences are served, and earned time accrued against
2 28 category "C" sentences shall not be used to reduce category
2 29 "B" or "A" sentences, and earned time accrued against the
2 30 category "B" sentences shall not be used to reduce the
2 31 category "A" sentences. If an inmate serving a category "A"
2 32 sentence is sentenced to serve either a category "C" or "B"
2 33 sentence, the category "A" sentence shall be interrupted, and
2 34 no further earned time shall accrue against that sentence
2 35 until the category "C" or "B" sentence is completed.
3 1 Sec. 8. Section 903B.1, Code 2007, is amended to read as
3 2 follows:
3 3 903B.1 SPECIAL SENTENCE == CLASS "B1", CLASS "B", OR CLASS
3 4 "C" FELONIES.
3 5 A person convicted of a class "C" felony or greater offense
3 6 under chapter 709, or a class "C" felony under section 728.12,
3 7 or a class "B1" felony under section 902.15, shall also be
3 8 sentenced, in addition to any other punishment provided by
3 9 law, to a special sentence committing the person into the
3 10 custody of the director of the Iowa department of corrections
3 11 for the rest of the person's life, with eligibility for parole
3 12 as provided in chapter 906. The special sentence imposed
3 13 under this section shall commence upon completion of the
3 14 sentence imposed under any applicable criminal sentencing
3 15 provisions for the underlying criminal offense and the person
3 16 shall begin the sentence under supervision as if on parole.
3 17 The person shall be placed on the corrections continuum in
3 18 chapter 901B, and the terms and conditions of the special
3 19 sentence, including violations, shall be subject to the same
3 20 set of procedures set out in chapters 901B, 905, 906, and
3 21 chapter 908, and rules adopted under those chapters for
3 22 persons on parole. The revocation of release shall not be for
3 23 a period greater than two years upon any first revocation, and
3 24 five years upon any second or subsequent revocation. A
3 25 special sentence shall be considered a category "A" sentence
3 26 for purposes of calculating earned time under section 903A.2.
3 27 Sec. 9. Section 907.3, subsection 1, paragraph a, Code
3 28 2007, is amended to read as follows:
3 29 a. The offense is a violation of section 709.8 or 728.12,
3 30 subsection 1, and the child is twelve years of age or under.
3 31 EXPLANATION
3 32 This bill relates to the criminal penalties for sexual
3 33 abuse in the second degree, lascivious acts with a child, and
3 34 sexual exploitation, and requiring a duty to inform law
3 35 enforcement about a sex offender required to register.
4 1 The bill provides that a person commits a class "D" felony
4 2 if a person knows that a sex offender required to register is
4 3 not in compliance with the sex offender registry Code chapter,
4 4 chapter 692A, or is eluding a law enforcement agency and does
4 5 any of the following: withholds information from or fails to
4 6 notify a law enforcement agency about the whereabouts of the
4 7 sex offender; provides materially false information to a peace
4 8 officer about the sex offender; or harbors or conceals a sex
4 9 offender.
4 10 The bill enhances the criminal penalties, by creating a new
4 11 class "B1" felony category, for sexual abuse in the second
4 12 degree (Code section 709.3), lascivious acts with a child
4 13 (Code section 709.8), and sexual exploitation of a minor (Code
4 14 section 728.12, subsection 1), for a person 18 years of age or
4 15 older who commits an offense against a child 12 years of age
4 16 or younger. A class "B1" felony is punishable by a minimum
4 17 term of confinement of 25 years and a maximum term of
4 18 confinement that may be for the rest of the person's life. A
4 19 person serving a class "B1" felony is not eligible to receive
4 20 earned time. A class "B1" felon is also not eligible for
4 21 parole or work release.
4 22 The bill also prohibits a person from receiving a suspended
4 23 sentence, deferred sentence, or deferred judgment, if the
4 24 person commits sexual exploitation of a minor involving a
4 25 child who is 12 years of age or younger. Current law
4 26 prohibits a person committing any sexual abuse in the second
4 27 degree or lascivious acts with a child involving a child 12
4 28 years of age or younger from receiving a suspended sentence,
4 29 deferred sentence, or deferred judgment.
4 30 The bill also provides that a person serving a class "B1"
4 31 sentence shall also serve a special sentence as provided in
4 32 Code section 903B.1. The special sentence provides, in
4 33 addition to any other punishment provided by law, that a
4 34 person be committed to the custody of the director of the Iowa
4 35 department of corrections for the rest of the person's life,
5 1 with eligibility for parole as provided in Code chapter 906.
5 2 Under the bill, the special sentence imposed shall commence
5 3 upon completion of the class "B1" felony sentence imposed and
5 4 the person shall begin the sentence under supervision as if on
5 5 parole. The bill provides the person shall be placed on the
5 6 corrections continuum in Code chapter 901B, and the terms and
5 7 conditions of the special sentence, including violations,
5 8 shall be subject to the same set of procedures set out in Code
5 9 chapters 901B, 905, 906, and 908, and rules adopted under
5 10 those chapters for persons on parole. The bill provides that
5 11 if such a person violates the conditions of release, the
5 12 revocation of release shall not be for a period greater than
5 13 two years upon any first revocation, and five years upon any
5 14 second or subsequent revocation. A person serving a special
5 15 sentence under the bill may be discharged early from the
5 16 sentence by the board of parole in the same manner as a person
5 17 on parole.
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