House File 2253 - Introduced HOUSE FILE 2253 BY KAUFMANN , SWEENEY , MOORE , HUSEMAN , SODERBERG , LOFGREN , COWNIE , J. TAYLOR , BRANDENBURG , JORGENSEN , ALONS , RASMUSSEN , PAUSTIAN , HAGER , KOESTER , GARRETT , and DOLECHECK A BILL FOR An Act relating to reporting a missing child to a law 1 enforcement agency, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5002YH (7) 84 jm/rj

H.F. 2253 Section 1. NEW SECTION . 726.9 Reporting a missing child 1 to law enforcement. 2 1. As used in this section: 3 a. “Parent” means a parent, guardian, or other adult, who is 4 a member of a child’s household and responsible for the child’s 5 welfare. 6 b. “Serious injury” means as defined in section 702.18. 7 c. “Supervisory person” means the following: 8 (1) A person who has accepted, undertaken, or assumed 9 supervision of a child from a parent. 10 (2) A person who has undertaken or assumed temporary 11 supervision of a child without explicit consent from a parent. 12 2. A parent of a child twelve years of age or younger who 13 recklessly fails to make contact with or verify the whereabouts 14 and safety of the child within a twenty-four-hour period 15 commits the following: 16 a. A class “B” felony, if the parent fails to report 17 the child as missing to a law enforcement agency within the 18 twenty-four-hour period, and the child is found dead or dies 19 shortly after being found from injuries sustained while the 20 child was missing. 21 b. A class “C” felony, if the parent fails to report 22 the child as missing to a law enforcement agency within the 23 twenty-four-hour period, and the child when found has suffered 24 a serious injury. 25 c. An aggravated misdemeanor, if the parent fails to report 26 the child as missing to a law enforcement agency within the 27 twenty-four-hour period. 28 3. A parent of a child twelve years of age or younger who 29 fails to make contact with or verify the whereabouts and safety 30 of the child within a twenty-four-hour period commits the 31 following: 32 a. A class “C” felony, if the parent fails to report 33 the child as missing to a law enforcement agency within the 34 twenty-four-hour period, and the child is found dead or dies 35 -1- LSB 5002YH (7) 84 jm/rj 1/ 3

H.F. 2253 shortly after being found from injuries sustained while the 1 child was missing. 2 b. A class “D” felony, if the parent fails to report 3 the child as missing to a law enforcement agency within the 4 twenty-four-hour period, and the child when found has suffered 5 a serious injury. 6 c. A serious misdemeanor, if the parent fails to report 7 the child as missing to a law enforcement agency within the 8 twenty-four-hour period. 9 4. A supervisory person of a child twelve years of age 10 or younger who fails to make contact with or verify the 11 whereabouts and safety of the child within a twenty-four-hour 12 period commits a serious misdemeanor if the supervisory person 13 fails to report the child as missing to a law enforcement 14 agency within the twenty-four-hour period. 15 EXPLANATION 16 This bill relates to reporting a missing child to a law 17 enforcement agency. 18 The bill creates a new criminal offense for failing to report 19 a missing child to a law enforcement agency. 20 Under the bill, a parent of a child 12 years of age or 21 younger who recklessly fails to make contact with or verify the 22 whereabouts and safety of the child within a 24-hour period 23 commits a class “B” felony, if the parent fails to report the 24 child as missing to a law enforcement agency within the 24-hour 25 period, and the child is found dead or dies shortly after being 26 found from injuries sustained while the child was missing. If 27 the child suffers a serious injury as defined in Code section 28 702.18, the parent commits a class “C” felony, or if the child 29 has no injury, the parent commits an aggravated misdemeanor. 30 Under the bill, a parent of a child 12 years of age 31 or younger who fails to make contact with or verify the 32 whereabouts and safety of the child within a 24-hour period 33 commits a class “C” felony, if the parent fails to report the 34 child as missing to a law enforcement agency within the 24-hour 35 -2- LSB 5002YH (7) 84 jm/rj 2/ 3

H.F. 2253 period, and the child is found dead or dies shortly after being 1 found from injuries sustained while the child was missing. If 2 the child suffers a serious injury as defined in Code section 3 702.18, the parent commits a class “D” felony, or if the child 4 has no injury, the parent commits a serious misdemeanor. 5 A supervisory person of a child 12 years of age or younger 6 who fails to make contact with or verify the whereabouts and 7 safety of the child commits a serious misdemeanor if the 8 supervisory person fails to report the child as missing to a 9 law enforcement agency within the 24-hour period. 10 The bill defines “parent” to mean a parent, guardian, 11 or other adult, who is a member of a child’s household and 12 responsible for the child’s welfare. 13 The bill defines “supervisory person” to mean a person 14 who has accepted, undertaken, or assumed supervision of a 15 child from a parent, or a person who has undertaken or assumed 16 temporary supervision of a child without explicit consent from 17 the parent. 18 A person convicted under this bill, in accordance with Code 19 section 726.10, may be required to register as a sex offender, 20 if the offense was committed against the minor and the fact 21 finder makes a determination that the offense was sexually 22 motivated. 23 A serious misdemeanor is punishable by confinement for no 24 more than one year and a fine of at least $315 but not more than 25 $1,875. An aggravated misdemeanor is punishable by confinement 26 for no more than two years and a fine of at least $625 but 27 not more than $6,250. A class “D” felony is punishable by 28 confinement for no more than five years and a fine of at 29 least $750 but not more than $7,500. A class “C” felony is 30 punishable by confinement for no more than 10 years and a fine 31 of at least $1,000 but not more than $10,000. A class “B” 32 felony is punishable by confinement for no more than 25 years. 33 -3- LSB 5002YH (7) 84 jm/rj 3/ 3