Senate Study Bill 3025 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) A BILL FOR An Act relating to sexual misconduct committed by agents and 1 employees of the department of corrections and judicial 2 district departments of correctional services, and providing 3 a penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5324DP (1) 84 jm/rj
S.F. _____ H.F. _____ Section 1. Section 709.16, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. An officer, employee, contractor, vendor, volunteer, 3 or agent of the department of corrections, or an officer, 4 employee, or agent of a judicial district department of 5 correctional services, who engages in a sex act with an 6 individual committed to the custody of the department of 7 corrections or a judicial district department of correctional 8 services commits an aggravated misdemeanor a class “D” felony . 9 EXPLANATION 10 This bill relates to sexual misconduct committed by 11 employees and agents of the department of corrections and 12 judicial district departments of correctional services. 13 The bill increases the criminal penalty for an officer, 14 employee, contractor, vendor, volunteer, or agent of the 15 department of corrections who engages in a sex act with 16 an inmate committed to the custody of the department of 17 corrections from an aggravated misdemeanor to a class “D” 18 felony. 19 The bill also increases the criminal penalty for such an 20 act by an officer, employee, or agent of a judicial district 21 department of correctional services with a person in the 22 custody of the judicial district from an aggravated misdemeanor 23 to a class “D” felony. 24 The bill does not increase the criminal penalties for sexual 25 misconduct committed by the personnel or agents of a juvenile 26 placement agency or county jail. 27 The bill also does not modify the requirement that a person 28 convicted of sexual misconduct shall register as a sex offender 29 and is subject to a special sentence pursuant to Code section 30 903B.2. 31 An aggravated misdemeanor is punishable by confinement for 32 no more than two years and a fine of at least $625 but not more 33 than $6,250. A class “D” felony is punishable by confinement 34 for no more than five years and a fine of at least $750 but not 35 -1- LSB 5324DP (1) 84 jm/rj 1/ 2
S.F. _____ H.F. _____ more than $7,500. 1 -2- LSB 5324DP (1) 84 jm/rj 2/ 2