Senate
File
64
-
Introduced
SENATE
FILE
64
BY
SORENSON
A
BILL
FOR
An
Act
requiring
hormonal
intervention
therapy
for
persons
1
convicted
of
a
serious
sex
offense
and
providing
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
901.5,
subsection
13,
Code
2013,
is
1
amended
to
read
as
follows:
2
13.
In
addition
to
any
other
sentence
or
other
penalty
3
imposed
against
the
defendant,
the
court
shall
impose
a
special
4
sentence
if
required
under
section
903B.1
or
903B.2
,
and
shall
5
impose
the
treatment
as
provided
in
section
903B.10
.
6
Sec.
2.
Section
903B.10,
subsection
1,
Code
2013,
is
amended
7
to
read
as
follows:
8
1.
A
person
who
has
been
convicted
of
a
serious
sex
9
offense
may
shall
,
upon
a
first
conviction
and
in
addition
10
to
any
other
punishment
provided
by
law,
be
required
to
11
undergo
medroxyprogesterone
acetate
treatment
as
part
of
any
12
conditions
of
release
imposed
by
the
court
or
the
board
of
13
parole.
The
treatment
prescribed
in
this
section
may
utilize
14
an
approved
pharmaceutical
agent
other
than
medroxyprogesterone
15
acetate.
Upon
a
second
or
subsequent
conviction,
the
court
16
or
the
board
of
parole
shall
require
the
person
to
undergo
17
medroxyprogesterone
acetate
or
other
approved
pharmaceutical
18
agent
treatment
as
a
condition
of
release,
unless,
after
an
19
appropriate
assessment,
the
court
or
board
determines
that
the
20
treatment
would
not
be
effective.
In
determining
whether
a
21
conviction
is
a
first
or
second
conviction
under
this
section
,
22
a
prior
conviction
for
a
criminal
offense
committed
in
another
23
jurisdiction
which
would
constitute
a
violation
of
section
24
709.3,
subsection
2
,
if
committed
in
this
state,
shall
be
25
considered
a
conviction
under
this
section
.
This
section
shall
26
not
apply
if
the
person
voluntarily
undergoes
a
permanent
27
surgical
alternative
approved
by
the
court
or
the
board
of
28
parole.
29
Sec.
3.
Section
903B.10,
Code
2013,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
7.
Notwithstanding
the
provisions
of
32
section
907.3,
the
court
shall
not
defer
or
suspend
the
33
treatment
imposed
by
this
section.
34
EXPLANATION
35
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This
bill
relates
to
hormonal
intervention
therapy
(chemical
1
castration)
for
persons
convicted
of
a
serious
sex
offense.
2
Upon
conviction
for
a
serious
sex
offense,
the
bill
requires
3
the
convicted
person
to
undergo
medroxyprogesterone
acetate
4
treatment
or
a
similar
pharmaceutical
agent
treatment
as
part
5
of
any
conditions
of
release
imposed
by
the
court
or
the
board
6
of
parole.
7
A
“serious
sex
offense”
is
currently
defined
in
Code
section
8
903B.10(3)
as
specified
offenses
committed
against
a
victim
who
9
was
12
years
old
or
younger.
The
specified
offenses
are
sexual
10
abuse
in
the
first
degree
in
violation
of
Code
section
709.2,
11
sexual
abuse
in
the
second
degree
in
violation
of
Code
section
12
709.3,
sexual
abuse
in
the
third
degree
in
violation
of
Code
13
section
709.4,
lascivious
acts
with
a
child
in
violation
of
14
Code
section
709.8,
assault
with
intent
to
commit
sexual
abuse
15
in
violation
of
Code
section
709.11,
indecent
contact
with
a
16
minor
in
violation
of
Code
section
709.12,
lascivious
conduct
17
with
a
minor
in
violation
of
Code
section
709.14,
sexual
18
exploitation
in
violation
of
section
Code
709.15,
and
sexual
19
exploitation
of
a
minor
in
violation
of
Code
section
728.12,
20
subsections
1
and
2.
21
The
bill
does
not
apply
if
the
person
voluntarily
undergoes
22
a
permanent
surgical
alternative
approved
by
the
court
or
the
23
board
of
parole.
24
The
court
is
prohibited
from
deferring
or
suspending
the
25
treatment
imposed
by
the
bill.
26
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