Senate File 2150 - Introduced SENATE FILE 2150 BY SMITH and SENG A BILL FOR An Act relating to the limitations of actions in certain sexual 1 offenses, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5416XS (5) 85 jm/rj
S.F. 2150 Section 1. NEW SECTION . 802.2B Other sexual offenses. 1 1. An information or indictment for the following offenses 2 committed on or with a person who is a child or is under the 3 age of eighteen years shall be found within ten years after 4 the person upon whom the offense is committed attains eighteen 5 years of age: 6 a. Lascivious acts with a child in violation of section 7 709.8. 8 b. Assault with intent to commit sexual abuse in violation 9 of section 709.11. 10 c. Indecent contact with a child in violation of section 11 709.12. 12 d. Lascivious conduct with a minor in violation of section 13 709.14. 14 e. Sexual misconduct with offenders and juveniles in 15 violation of section 709.16. 16 2. If the person against whom the information or indictment 17 is sought is identified through the use of a DNA profile for an 18 offense described in subsection 1, an information or indictment 19 shall be found within ten years after its commission, or within 20 three years from the date the person is identified by the 21 person’s DNA profile, whichever is later. 22 Sec. 2. Section 802.3, Code 2014, is amended to read as 23 follows: 24 802.3 Felony —— aggravated or serious misdemeanor. 25 In all cases, except those enumerated in section 802.1 , 26 802.2 , 802.2A , 802.2B, or 802.10 , an indictment or information 27 for a felony or aggravated or serious misdemeanor shall be 28 found within three years after its commission. 29 Sec. 3. Section 802.10, subsection 3, Code 2014, is amended 30 to read as follows: 31 3. However, notwithstanding subsection 2 , an indictment 32 or information shall be found against a person within three 33 years from the date the person is identified by the person’s 34 DNA profile. If the action involves sexual abuse , or another 35 -1- LSB 5416XS (5) 85 jm/rj 1/ 2
S.F. 2150 sexual offense the indictment or information shall be found 1 as provided in section 802.2 or 802.2B , if the person is 2 identified by the person’s DNA profile. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the limitations of criminal actions in 7 certain sexual offenses, and provides penalties. 8 Under the bill, an information or indictment for the 9 following offenses committed on or with a person who is a 10 child or is under the age of 18 years shall be found within 11 10 years after the person upon whom the offense is committed 12 attains 18 years of age: lascivious acts in violation of Code 13 section 709.8, assault with intent to commit sexual abuse in 14 violation of Code section 709.11, indecent contact with a 15 child in violation of Code section 709.12, lascivious conduct 16 with a minor in violation of Code section 709.14, and sexual 17 misconduct with offenders and juveniles in violation of Code 18 section 709.16. 19 Current law provides that an indictment or information for a 20 felony, or aggravated or serious misdemeanor, be found within 21 three years after its commission. 22 The bill also provides that if the person against whom the 23 information or indictment is sought is identified through the 24 use of a DNA profile for an offense described in the bill, an 25 information or indictment shall be found within 10 years after 26 its commission, or within three years from the date the person 27 is identified by the person’s DNA profile, whichever is later. 28 -2- LSB 5416XS (5) 85 jm/rj 2/ 2