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 TLSB 5215IC (3) 83 jm/rj
S.F. _____ 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 -1- LSB 5215IC (3) 83 jm/rj 1/ 2
S.F. _____ H.F. _____ 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 -2- LSB 5215IC (3) 83 jm/rj 2/ 2