House File 2323 - Introduced HOUSE FILE 2323 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 536) A BILL FOR An Act relating to the criminal elements and penalties for 1 the commission of sexual misconduct with offenders and 2 juveniles, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5555HV (3) 86 jm/rj

H.F. 2323 Section 1. Section 709.16, Code 2016, is amended to read as 1 follows: 2 709.16 Sexual misconduct with offenders and juveniles. 3 1. a. Any peace officer, or an officer, employee, 4 contractor, vendor, volunteer, or agent of the department of 5 corrections , or an officer, employee, or agent of a judicial 6 district department of correctional services, who engages in 7 a sex act with an individual committed to the custody of the 8 department of corrections or a judicial district department of 9 correctional services , who knows that the person is committed 10 to the custody of the department, commits an aggravated 11 misdemeanor a class “D” felony . 12 b. An officer, employee, or agent of a judicial district 13 department of correctional services who engages in a sex act 14 with an individual under supervision of a judicial district 15 department of correctional services, who knows that the person 16 is under supervision, commits a class “D” felony. 17 2. a. Any peace officer, or an officer, employee, 18 contractor, vendor, volunteer, or agent of a juvenile placement 19 facility who engages in a sex act with a juvenile placed at 20 such facility commits an aggravated misdemeanor a class “D” 21 felony . 22 b. For purposes of this subsection , a “juvenile placement 23 facility” means any of the following: 24 (1) A child foster care facility licensed under section 25 237.4 . 26 (2) Institutions controlled by the department of human 27 services listed in section 218.1 . 28 (3) Juvenile detention and juvenile shelter care homes 29 approved under section 232.142 . 30 (4) Psychiatric medical institutions for children licensed 31 under chapter 135H . 32 (5) Facilities for the treatment of persons with 33 substance-related disorders as defined in section 125.2 . 34 3. Any peace officer, or an officer, employee, contractor, 35 -1- LSB 5555HV (3) 86 jm/rj 1/ 3

H.F. 2323 vendor, volunteer, or agent of a county who engages in a sex 1 act with a prisoner incarcerated in a county jail or municipal 2 holding facility, who knows that the person is incarcerated, 3 commits an aggravated misdemeanor a class “D” felony . 4 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 5 2017. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the criminal elements and penalties 10 for the commission of sexual misconduct with offenders and 11 juveniles. 12 The bill raises the criminal penalty from an aggravated 13 misdemeanor to a class “D” felony for a peace officer, 14 officer, employee, contractor, vendor, volunteer, or agent 15 of the department of corrections who engages in a sex act 16 with an inmate committed to the custody of the department 17 of corrections, if such a person knows that the inmate is 18 committed to the custody of the department. 19 The bill raises the criminal penalty from an aggravated 20 misdemeanor to a class “D” felony for an officer, employee, 21 or agent of a judicial district department of correctional 22 services who engages in a sex act with an individual under 23 supervision of a judicial district department, and who knows 24 that the person is under supervision. 25 The bill raises the criminal penalty from an aggravated 26 misdemeanor to a class “D” felony for a peace officer, officer, 27 employee, contractor, vendor, volunteer, or agent of a juvenile 28 placement facility who engages in a sex act with a juvenile 29 placed at such a facility. 30 The bill also raises the criminal penalty from an aggravated 31 misdemeanor to a class “D” felony for a peace officer, officer, 32 employee, contractor, vendor, volunteer, or agent of a county 33 who engages in a sex act with a prisoner incarcerated in a 34 county jail or municipal holding facility, if such a person 35 -2- LSB 5555HV (3) 86 jm/rj 2/ 3

H.F. 2323 knows that the inmate is incarcerated. 1 An aggravated misdemeanor is punishable by confinement for 2 no more than two years and a fine of at least $625 but not more 3 than $6,250. A class “D” felony is punishable by confinement 4 for no more than five years and a fine of at least $750 but not 5 more than $7,500. 6 A person who violates the bill is also subject to a special 7 sentence under Code section 903B.2. A special sentence is a 8 punishment in addition to the punishment for the underlying 9 criminal offense by committing the person into the custody of 10 the director of the Iowa department of corrections for a period 11 of 10 years. A person serving a special sentence begins the 12 sentence as if on parole or work release but the sentence is 13 subject to a revocation of release for up to two years for a 14 first revocation and five years for any second or subsequent 15 revocation. 16 The bill takes effect January 1, 2017. 17 -3- LSB 5555HV (3) 86 jm/rj 3/ 3