House File 2278 - Introduced HOUSE FILE 2278 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 529) A BILL FOR An Act relating to the limitations of criminal actions in 1 kidnapping or human trafficking offenses, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5124HV (1) 86 jm/rj

H.F. 2278 Section 1. NEW SECTION . 802.2C Kidnapping. 1 An information or indictment for kidnapping in the first, 2 second, or third degree committed on or with a person who is 3 under the age of eighteen years shall be found within ten 4 years after the person upon whom the offense is committed 5 attains eighteen years of age, or if the person against whom 6 the information or indictment is sought is identified through 7 the use of a DNA profile, an information or indictment shall be 8 found within three years from the date the person is identified 9 by the person’s DNA profile, whichever is later. 10 Sec. 2. NEW SECTION . 802.2D Human trafficking. 11 An information or indictment for human trafficking in 12 violation of section 710A.2, committed on or with a person 13 who is under the age of eighteen years shall be found within 14 ten years after the person upon whom the offense is committed 15 attains eighteen years of age, or if the person against whom 16 the information or indictment is sought is identified through 17 the use of a DNA profile, an information or indictment shall be 18 found within three years from the date the person is identified 19 by the person’s DNA profile, whichever is later. 20 Sec. 3. Section 802.3, Code 2016, is amended to read as 21 follows: 22 802.3 Felony —— aggravated or serious misdemeanor. 23 In all cases, except those enumerated in section 802.1 , 24 802.2 , 802.2A , 802.2B , 802.2C, 802.2D, or 802.10 , an 25 indictment or information for a felony or aggravated or 26 serious misdemeanor shall be found within three years after its 27 commission. 28 Sec. 4. Section 802.10, subsection 3, Code 2016, is amended 29 to read as follows: 30 3. However, notwithstanding subsection 2 , an indictment 31 or information shall be found against a person within three 32 years from the date the person is identified by the person’s 33 DNA profile. If the action involves sexual abuse , or 34 another sexual offense, kidnapping, or human trafficking, 35 -1- LSB 5124HV (1) 86 jm/rj 1/ 3

H.F. 2278 the indictment or information shall be found as provided in 1 section 802.2 , or 802.2B , 802.2C, or 802.2D, 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 7 (statute of limitations) in kidnapping or human trafficking 8 offenses. 9 The bill provides that an information or indictment for 10 kidnapping in the first degree, kidnapping in the second 11 degree, or kidnapping in the third degree committed on or with 12 a person who is under 18 years of age shall be found within 10 13 years after the person upon whom the kidnapping is committed 14 attains 18 years of age. Under current law, the information or 15 indictment for such a kidnapping offense on or with a person 16 who is under 18 years of age shall be found within three years 17 after its commission. 18 Kidnapping in the first degree is a class “A” felony 19 punishable by confinement for life without possibility of 20 parole. Kidnapping in the second degree is a class “B” felony 21 (70 percent sentence) punishable by confinement for no more 22 than 25 years. Kidnapping in the third degree is a class “C” 23 felony punishable by confinement for no more than 10 years and 24 a fine of at least $1,000 but not more than $10,000. 25 The bill also provides that an information or indictment 26 for any human trafficking offense in violation of Code section 27 710A.2, committed on or with a person who is under 18 years of 28 age, shall be found within 10 years after the person upon whom 29 the human trafficking offense is committed attains 18 years of 30 age. Under current law, the information or indictment for such 31 a human trafficking offense on or with a person who is under 32 18 years of age shall be found within three years after its 33 commission. 34 The penalties for human trafficking violations committed on 35 -2- LSB 5124HV (1) 86 jm/rj 2/ 3

H.F. 2278 or with a person under 18 years of age remain either a class 1 “C” felony or a class “B” felony under Code section 710A.2(1) 2 through (8). 3 The bill also provides that if a person against whom the 4 information or indictment is sought is identified through the 5 use of a DNA profile for a kidnapping or human trafficking 6 offense described in the bill, an information or indictment 7 shall be found within 10 years after the victim attains 18 8 years of age, or within three years from the date the person is 9 identified by the person’s DNA profile, whichever is later. 10 The bill in part is in response to State v. Walden, 870 11 N.W.2d 842, (Iowa 2015). 12 -3- LSB 5124HV (1) 86 jm/rj 3/ 3