SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF CORRECTIONS BILL)

A BILL FOR

An Act relating to sexual misconduct committed by agents and employees of the department of corrections and judicial district departments of correctional services, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.16, subsection 1, Code 2011, is amended to read as follows:
   1.  An officer, employee, contractor, vendor, volunteer, or agent of the department of corrections, or an officer, employee, or agent of a judicial district department of correctional services, who engages in a sex act with an individual committed to the custody of the department of corrections or a judicial district department of correctional services commits an aggravated misdemeanor
 
a class “D” felony.
EXPLANATION
   This bill relates to sexual misconduct committed by employees and agents of the department of corrections and judicial district departments of correctional services.
   The bill increases the criminal penalty for an officer, employee, contractor, vendor, volunteer, or agent of the department of corrections who engages in a sex act with an inmate committed to the custody of the department of corrections from an aggravated misdemeanor to a class “D” felony.
   The bill also increases the criminal penalty for such an act by an officer, employee, or agent of a judicial district department of correctional services with a person in the custody of the judicial district from an aggravated misdemeanor to a class “D” felony.
   The bill does not increase the criminal penalties for sexual misconduct committed by the personnel or agents of a juvenile placement agency or county jail.
   The bill also does not modify the requirement that a person convicted of sexual misconduct shall register as a sex offender and is subject to a special sentence pursuant to Code section 903B.2.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.