Senate Study Bill 3079 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to kidnapping, and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5488XC (4) 85 jm/rj

S.F. _____ Section 1. Section 710.3, Code 2014, is amended to read as 1 follows: 2 710.3 Kidnapping in the second degree. 3 1. Kidnapping where the purpose is to hold the victim 4 for ransom , or where the kidnapper is armed with a dangerous 5 weapon , or where the victim is sixteen years of age or younger 6 and is not a violation of section 710.5, is kidnapping in the 7 second degree. Kidnapping in the second degree is a class “B” 8 felony. 9 2. For purposes of determining whether the person should 10 register as a sex offender pursuant to the provisions of 11 chapter 692A , the fact finder shall make a determination as 12 provided in section 692A.126 . 13 Sec. 2. Section 710.4, Code 2014, is amended to read as 14 follows: 15 710.4 Kidnapping in the third degree. 16 1. All other kidnappings are kidnappings in the third 17 degree. Kidnapping in the third degree is a class “C” felony 18 except as provided in subsection 2 . 19 2. a. If a person is convicted of kidnapping in the third 20 degree and the person has a previous conviction for kidnapping, 21 the person is guilty of a class “B” felony. 22 b. In determining if a violation charged is a previous 23 conviction for purposes of criminal sentencing under this 24 subsection, a conviction in this state or under statutes 25 substantially corresponding to this section in another state, 26 or in a federal, military, tribal, or foreign court, shall be 27 counted as a previous conviction. A previous conviction also 28 includes a juvenile who has been adjudicated delinquent but 29 whose juvenile court records have been sealed under section 30 232.150, a juvenile prosecuted as an adult, and a person who 31 has received a deferred sentence or deferred judgment. 32 3. For purposes of determining whether the person should 33 register as a sex offender pursuant to the provisions of 34 chapter 692A , the fact finder shall make a determination as 35 -1- LSB 5488XC (4) 85 jm/rj 1/ 2

S.F. _____ provided in section 692A.126 . 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill changes the definition of kidnapping in the second 5 degree to include any kidnapping where the victim is 16 years 6 of age or younger and the kidnapping is not child stealing 7 in violation of Code section 710.5. A person who commits 8 kidnapping in the second degree commits a class “B” felony. A 9 class “B” felony is punishable by confinement for no more than 10 25 years. Kidnapping in the second degree is also classified 11 as a 70 percent sentence under Code section 902.12. 12 A person who commits kidnapping in the second degree may 13 also be required to register as a sex offender if the fact 14 finder makes a determination that the kidnapping was sexually 15 motivated under Code section 692A.126. 16 The bill also enhances the penalty for kidnapping in the 17 third degree. If a person is convicted of kidnapping in 18 the third degree and the person has a previous conviction 19 for kidnapping, the bill increases the criminal penalty for 20 kidnapping in the third degree from a class “C” felony to a 21 class “B” felony. 22 In determining if a violation charged is a previous 23 conviction for purposes of criminal sentencing under the bill, 24 a conviction in this state or under statutes substantially 25 corresponding to this Code section in another state, or in a 26 federal, military, tribal, or foreign court, shall be counted 27 as a previous conviction. A previous conviction also includes 28 a juvenile who has been adjudicated delinquent but whose 29 juvenile court records have been sealed under Code section 30 232.150, a juvenile prosecuted as an adult, and a person who 31 has received a deferred sentence or deferred judgment. 32 -2- LSB 5488XC (4) 85 jm/rj 2/ 2