Senate Study Bill 1230 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act establishing the criminal offense of sexual abuse in the 1 fourth degree, making related changes to sexual abuse in 2 the third degree and the sex offender registry, providing 3 penalties, and including retroactive and other applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2255XC (5) 85 jm/rj
S.F. _____ Section 1. Section 692A.102, subsection 1, paragraph a, 1 Code 2013, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (05) Sexual abuse in the fourth degree 3 in violation of section 709.4A. 4 Sec. 2. Section 709.4, subsection 2, paragraph c, 5 subparagraph (4), Code 2013, is amended to read as follows: 6 (4) The Except as provided in section 709.4A, the person is 7 four or more years older than the other person. 8 Sec. 3. NEW SECTION . 709.4A Sexual abuse in the fourth 9 degree. 10 1. A person commits sexual abuse in the fourth degree when 11 the person performs a sex act with another person and either 12 of the following apply: 13 a. The other person is fourteen years of age and the person 14 is eighteen years of age. 15 b. The other person is fifteen years of age and the person 16 is nineteen years of age. 17 2. Notwithstanding section 903B.2, a person convicted under 18 this section is not subject to the special sentence. 19 3. A person who violates this section commits a class “D” 20 felony. 21 Sec. 4. SPECIAL SENTENCE —— JUDGMENT VOID. 22 1. Notwithstanding section 903B.2, a person convicted of 23 a violation of section 709.4, subsection 2, paragraph “c”, 24 subparagraph (4), prior to, on, or after the effective date of 25 this Act shall not be subject to the special sentence if either 26 of the following applied when the offense was committed: 27 a. The victim was fourteen years of age and the person was 28 eighteen years of age. 29 b. The victim was fifteen years of age and the person was 30 nineteen years of age. 31 2. The department of corrections in consultation with the 32 department of public safety shall identify persons whose sole 33 reason for being on probation, parole, or committed to the 34 custody of the director of the department of corrections is for 35 -1- LSB 2255XC (5) 85 jm/rj 1/ 4
S.F. _____ a conviction of sexual abuse in the third degree under section 1 709.4, subsection 2, paragraph “c”, subparagraph (4), that 2 occurred prior to, on, or after the effective date of this Act, 3 and who meet the criteria established in subsection 1. 4 3. If the department of corrections and the department of 5 public safety identify such a person pursuant to subsection 6 2, the department of corrections shall notify the board of 7 parole that the portion of the judgment requiring the service 8 of a special sentence is void and the person shall not be 9 subject to the special sentence under section 903B.2. If the 10 person identified pursuant to subsection 2 has begun serving 11 the special sentence, the term of the special sentence shall 12 terminate immediately after being notified by the department of 13 corrections that the portion of the judgment requiring service 14 of a special sentence is void. 15 EXPLANATION 16 This bill establishes the criminal offense of sexual abuse 17 in the fourth degree, makes related changes to sexual abuse in 18 the third degree, provides penalties, and includes retroactive 19 and other applicability provisions. 20 SEX ABUSE IN THE FOURTH DEGREE. Under the bill, a person 21 commits sexual abuse in the fourth degree if the person commits 22 a sex act with another person and any of the following apply: 23 the other person is 14 years of age and the person is 18 years 24 of age; or the other person is 15 years of age and the person 25 is 19 years of age. 26 The bill specifies that a person who commits sexual abuse in 27 the fourth degree is guilty of a class “D” felony and is not 28 subject to a special sentence under Code section 903B.2. 29 Under current law, a person who commits sexual abuse in the 30 third degree, including those acts now classified as sexual 31 abuse in the fourth degree in the bill, commits a class “D” 32 felony and is subject to a special sentence under Code section 33 903B.2. 34 The bill also specifies that a person who commits sexual 35 -2- LSB 2255XC (5) 85 jm/rj 2/ 4
S.F. _____ abuse in the fourth degree shall register as a tier I sex 1 offender who is required to verify the person’s relevant 2 information to the county sheriff of residence on an annual 3 basis for 10 years. 4 Under current law, a person who commits sexual abuse in the 5 third degree, including those acts now classified as sexual 6 abuse in the fourth degree in the bill, is classified as a tier 7 I sex offender. 8 SEX ABUSE IN THE THIRD DEGREE. The bill specifies that 9 a person convicted of sexual abuse in the third degree in 10 violation of Code section 709.4(2)(c)(4) (statutory rape due to 11 age differences of the offending person and the victim) prior 12 to, on, or after the effective date of the bill shall not be 13 subject to the special sentence under Code section 903B.2 if 14 either of the following applied when the offense was committed: 15 the victim was 14 years of age and the person was 18 years of 16 age; or the victim was 15 years of age and the person was 19 17 years of age. 18 For a person convicted of sexual abuse in the third degree in 19 violation of Code section 709.4(2)(c)(4) prior to, on, or after 20 the effective date of the bill where a judgment for a special 21 sentence has already been entered as part of the judgment, the 22 bill voids the portion of the judgment imposing the special 23 sentence. 24 Under the bill, the department of corrections in 25 consultation with the department of public safety shall 26 identify persons whose sole reason for being on probation, 27 parole, or committed to the custody of the director of the 28 department of corrections is for a conviction of sexual abuse 29 in the third degree under Code section 709.4(2)(c)(4), and who 30 meet the age differential criteria with the victim under newly 31 established sex abuse in the fourth degree. If the department 32 of corrections and the department of public safety identify 33 such a person under the bill, the department of corrections 34 shall notify the board of parole that the portion of the 35 -3- LSB 2255XC (5) 85 jm/rj 3/ 4
S.F. _____ judgment requiring the service of a special sentence is void 1 and the person shall not be subject to the special sentence 2 under Code section 903B.2. If such a person has begun serving 3 the special sentence, the bill requires the term of the special 4 sentence to terminate immediately after being notified by the 5 department of corrections that the portion of the judgment 6 requiring service of a special sentence is void. 7 -4- LSB 2255XC (5) 85 jm/rj 4/ 4