SF 2150 (LSB 5416XS (5) 85)

SENATE FILE 2150

BY  SMITH and SENG

A BILL FOR

An Act relating to the limitations of actions in certain sexual offenses, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  802.2B  Other sexual offenses.
   1.  An information or indictment for the following offenses committed on or with a person who is a child or is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age:
   a.  Lascivious acts with a child in violation of section 709.8.
   b.  Assault with intent to commit sexual abuse in violation of section 709.11.
   c.  Indecent contact with a child in violation of section 709.12.
   d.  Lascivious conduct with a minor in violation of section 709.14.
   e.  Sexual misconduct with offenders and juveniles in violation of section 709.16.
   2.  If the person against whom the information or indictment is sought is identified through the use of a DNA profile for an offense described in subsection 1, an information or indictment shall be found within ten years after its commission, or within three years from the date the person is identified by the person’s DNA profile, whichever is later.
    Sec. 2.  Section 802.3, Code 2014, is amended to read as follows:
   802.3  Felony —— aggravated or serious misdemeanor.

   In all cases, except those enumerated in section 802.1, 802.2, 802.2A, 802.2B, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
    Sec. 3.  Section 802.10, subsection 3, Code 2014, is amended to read as follows:
   3.  However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse, or another sexual offense the indictment or information shall be found as provided in section 802.2 or 802.2B, if the person is identified by the person’s DNA profile.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the limitations of criminal actions in certain sexual offenses, and provides penalties.
   Under the bill, an information or indictment for the following offenses committed on or with a person who is a child or is under the age of 18 years shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age: lascivious acts in violation of Code section 709.8, assault with intent to commit sexual abuse in violation of Code section 709.11, indecent contact with a child in violation of Code section 709.12, lascivious conduct with a minor in violation of Code section 709.14, and sexual misconduct with offenders and juveniles in violation of Code section 709.16.
   Current law provides that an indictment or information for a felony, or aggravated or serious misdemeanor, be found within three years after its commission.
   The bill also provides that if the person against whom the information or indictment is sought is identified through the use of a DNA profile for an offense described in the bill, an information or indictment shall be found within 10 years after its commission, or within three years from the date the person is identified by the person’s DNA profile, whichever is later.