Senate File 524 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 180) 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: 6 TLSB 2254SV 82 7 jm/gg/14 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 followingtwothree 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 ofbothmultiple 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,ora 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 21chapter908, 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. 5 18 LSB 2254SV 82 5 19 jm:rj/gg/14