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 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.
  5 18 LSB 2254SV 82
  5 19 jm:rj/gg/14