HF 332 (LSB 1049YH (2) 86)

HOUSE FILE 332

BY  HEARTSILL

A BILL FOR

An Act relating to the time period within which a prosecution for kidnapping in the first degree must be commenced.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  802.1A  Kidnapping in the first degree.

   A prosecution for kidnapping in the first degree in violation of section 710.2 may be commenced at any time after the commission of the offense.
    Sec. 2.  Section 802.3, Code 2015, is amended to read as follows:
   802.3  Felony —— aggravated or serious misdemeanor.

   In all cases, except those enumerated in section 802.1, 802.1A, 802.2, 802.2A, 802.2B, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the time period within which a prosecution for kidnapping in the first degree must be commenced.
   Under the bill, a prosecution for kidnapping in the first degree in violation of Code section 710.2 may be commenced at any time after the commission of the offense. Current law requires that kidnapping in the first degree be prosecuted within three years of the commission of the offense.
   A person who commits kidnapping in the first degree commits a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole. If a person is released prior to the expiration of the kidnapping in the first degree sentence, and the offense was determined to be sexually motivated, the person shall register as a sex offender pursuant to Code chapter 692A.