Senate File 105 - Introduced





                                       SENATE FILE       
                                       BY  SODDERS


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act enhancing criminal penalties for certain offenses
  2    committed against a child or person sixty=five years of age or
  3    older.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1537XS 83
  6 jm/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  902.15  ENHANCED PENALTY FOR
  1  2 FORCIBLE FELONY OFFENSES AGAINST A CHILD OR A PERSON
  1  3 SIXTY=FIVE YEARS OF AGE OR OLDER.
  1  4    Notwithstanding the contrary provisions of section 902.9,
  1  5 the maximum sentence for a forcible felony as defined in
  1  6 section 702.11 shall be twice the maximum penalties specified
  1  7 for the felony offense in section 902.9, if the offense is
  1  8 committed against a child or a person sixty=five years of age
  1  9 or older.
  1 10    Sec. 2.  NEW SECTION.  903.7  ENHANCED PENALTY FOR CERTAIN
  1 11 VIOLENT CRIMINAL OFFENSES AGAINST A CHILD OR A PERSON
  1 12 SIXTY=FIVE YEARS OF AGE OR OLDER.
  1 13    Notwithstanding the contrary provisions of section 903.1,
  1 14 the maximum sentence for a misdemeanor offense in chapters
  1 15 708, 709, 710, 712, and 726, shall be twice the maximum
  1 16 penalties specified for the misdemeanor offense in section
  1 17 903.1, if the offense is committed against a child or a person
  1 18 sixty=five years of age or older.
  1 19    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 20 3, shall not apply to this Act.
  1 21                           EXPLANATION
  1 22    This bill enhances criminal penalties for certain offenses
  1 23 committed against a child or person 65 years of age or older.
  1 24    Under the bill, "child" means a person under 14 years of
  1 25 age as defined in Code section 702.5.
  1 26    The bill provides that the maximum sentence for a person
  1 27 who commits a forcible felony as defined in Code section
  1 28 702.11 shall be twice the maximum penalties specified for the
  1 29 felony offense in Code section 902.9, if the offense is
  1 30 committed against a child or person age 65 years of age or
  1 31 older.  A person convicted of a forcible felony is not
  1 32 eligible to receive a deferred judgment, deferred sentence, or
  1 33 suspended sentence pursuant to Code section 907.3.
  1 34    The bill also provides that the maximum sentence shall be
  1 35 twice the maximum penalties specified for the misdemeanor
  2  1 offense in Code section 903.1, for a misdemeanor violation of
  2  2 Code chapter 708 (assault), 709 (sexual abuse), 710
  2  3 (kidnapping), 712 (arson), or 726 (protection of the family
  2  4 and dependent persons), if the offense is committed against a
  2  5 child or a person 65 years of age or older.
  2  6    The bill may include a state mandate as defined in Code
  2  7 section 25B.3.  The bill makes inapplicable Code section
  2  8 25B.2, subsection 3, which would relieve a political
  2  9 subdivision from complying with a state mandate if funding for
  2 10 the cost of the state mandate is not provided or specified.
  2 11 Therefore, political subdivisions are required to comply with
  2 12 any state mandate included in the bill.
  2 13 LSB 1537XS 83
  2 14 jm/rj/5