House
Study
Bill
642
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
CRIMINAL
CODE
REORGANIZATION
STUDY
COMMITTEE
BILL)
A
BILL
FOR
An
Act
relating
to
escapes
or
attempted
escapes
from
custody
1
due
to
the
commission
of
a
criminal
offense
and
providing
a
2
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
719.4,
Code
2009,
is
amended
to
read
as
1
follows:
2
719.4
Escape
or
absence
from
custody.
3
1.
A
person
convicted
of
a
felony
criminal
offense
,
4
or
charged
with
or
arrested
for
the
commission
of
a
5
felony
criminal
offense
,
who
intentionally
escapes,
or
6
attempts
to
escape,
from
a
detention
facility,
community-based
7
correctional
facility,
or
institution
to
which
the
person
has
8
been
committed
by
reason
of
the
conviction,
charge,
or
arrest,
9
or
from
the
custody
of
any
public
officer,
public
employee,
or
10
any
other
person
to
whom
the
person
has
been
entrusted,
commits
11
a
class
“D”
felony.
12
2.
A
person
convicted
of,
charged
with,
or
arrested
for
13
a
misdemeanor,
who
intentionally
escapes,
or
attempts
to
14
escape,
from
a
detention
facility,
community-based
correctional
15
facility,
or
institution
to
which
the
person
has
been
committed
16
by
reason
of
the
conviction,
charge,
or
arrest,
or
from
the
17
custody
of
any
public
officer,
public
employee,
or
any
other
18
person
to
whom
the
person
has
been
entrusted,
commits
a
serious
19
misdemeanor.
20
3.
2.
A
person
who
has
been
committed
to
an
institution
21
under
the
control
of
the
Iowa
department
of
corrections,
to
22
a
community-based
correctional
facility,
or
to
a
jail
or
23
correctional
institution,
who
knowingly
and
voluntarily
is
24
absent
from
a
place
where
the
person
is
required
to
be,
commits
25
a
serious
misdemeanor.
26
4.
3.
A
person
who
flees
from
the
state
to
avoid
27
prosecution
for
a
public
offense
which
is
a
felony
or
28
aggravated
misdemeanor
commits
a
class
“D”
felony.
29
5.
4.
Except
for
subsection
4
3
,
an
offense
committed
under
30
this
section
includes
any
offense
committed
wholly
outside
the
31
state.
32
EXPLANATION
33
This
bill
relates
to
escapes
from
custody.
The
bill
34
equalizes
the
criminal
penalty
for
all
escapes
or
attempted
35
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escapes
from
custody.
1
Under
the
bill,
a
person
convicted,
charged,
or
arrested
2
for
the
commission
of
any
criminal
offense,
who
intentionally
3
escapes,
or
attempts
to
escape
from
a
detention
facility,
4
community-based
correctional
facility,
or
institution,
or
5
escapes
or
attempts
to
escape
from
the
custody
of
any
public
6
officer,
public
employee,
or
any
other
person
who
has
custody,
7
commits
a
class
“D”
felony.
8
Current
law
provides
that
a
person
commits
a
class
“D”
felony
9
for
an
escape
or
attempted
escape
if
the
underlying
criminal
10
offense
which
leads
to
the
custody
of
the
person
is
a
felony,
11
and
if
the
underlying
criminal
offense
which
leads
to
the
12
custody
of
the
person
is
a
misdemeanor,
the
person
commits
a
13
serious
misdemeanor.
14
A
serious
misdemeanor
is
punishable
by
confinement
for
no
15
more
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
16
$1,875.
A
class
“D”
felony
is
punishable
by
confinement
for
no
17
more
than
five
years
and
a
fine
of
at
least
$750
but
not
more
18
than
$7,500.
19
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