Senate Study Bill 1052 



                                       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 department of corrections by increasing
  2    penalties for engaging in sex acts with offenders under the
  3    supervision of the department of corrections or a judicial
  4    district department of correctional services, and eliminating
  5    certain reporting requirements.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1265DP 82
  8 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 709.16, subsection 1, Code 2007, 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, contractor, vendor, volunteer, or agent of a
  1  6 judicial district department of correctional services, who
  1  7 engages in a sex act with an individual committed to the
  1  8 custody of the department of corrections or a judicial
  1  9 district department of correctional services commits an
  1 10 aggravated misdemeanor a class "D" felony.
  1 11    Sec. 2.  Section 904.501, Code 2007, is repealed.
  1 12                           EXPLANATION
  1 13    This bill relates to department of corrections practices
  1 14 and procedures by increasing penalties for engaging in sex
  1 15 acts with inmates at the department of corrections or judicial
  1 16 district department of correctional services, and eliminating
  1 17 certain reports by the superintendent of each institution.
  1 18    The bill provides that a contractor, vendor, or volunteer
  1 19 of a judicial district department of correctional services
  1 20 facility who engages in a sex act with a person under
  1 21 supervision of the district department or of the department of
  1 22 corrections commits a class "D" felony.  Current law prohibits
  1 23 a sex act between an officer, employee, or agent of the
  1 24 judicial district department of correctional services or of
  1 25 the department of corrections and a person under supervision
  1 26 of the district department or department of corrections.
  1 27    The bill also repeals Code section 904.501 requiring the
  1 28 superintendent of each institution to issue a report to the
  1 29 director of the department of corrections regarding inmate
  1 30 entrance and discharge information.
  1 31 LSB 1265DP 82
  1 32 jm:rj/sh/8.1