Senate File 179 - Introduced SENATE FILE 179 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1011) 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 1441SV (2) 86 jm/rj

S.F. 179 Section 1. Section 710.3, Code 2015, is amended to read as 1 follows: 2 710.3 Kidnapping in the second degree. 3 1. Kidnapping where the in the second degree is any of the 4 following: 5 a. Where the purpose of the kidnapping is to hold the victim 6 for ransom or where the . 7 b. Where the kidnapper is armed with a dangerous weapon 8 is kidnapping in the second degree . Kidnapping in the second 9 degree is a class “B” felony. 10 c. Where the victim of the kidnapping is under eighteen 11 years of age other than a kidnapping by a relative whose sole 12 purpose of the kidnapping is to assume custody of the victim. 13 2. For purposes of determining whether the person should 14 register as a sex offender pursuant to the provisions of 15 chapter 692A , the fact finder shall make a determination as 16 provided in section 692A.126 . 17 3. Kidnapping in the second degree is a class “B” felony. 18 Sec. 2. Section 710.4, Code 2015, is amended to read as 19 follows: 20 710.4 Kidnapping in the third degree. 21 1. All other kidnappings are kidnappings in the third 22 degree. Kidnapping in the third degree is a class “C” felony 23 except as provided in subsection 2 . 24 2. a. If a person is convicted of kidnapping in the third 25 degree and the person has a previous conviction for kidnapping, 26 the person is guilty of a class “B” felony. 27 b. In determining if a violation charged is a previous 28 conviction for purposes of criminal sentencing under this 29 subsection, a conviction in this state or under statutes 30 substantially corresponding to this section in another state, 31 or in a federal, military, tribal, or foreign court, shall be 32 counted as a previous conviction. A previous conviction also 33 includes a juvenile who has been adjudicated delinquent but 34 whose juvenile court records have been sealed under section 35 -1- LSB 1441SV (2) 86 jm/rj 1/ 2

S.F. 179 232.150, a juvenile prosecuted as an adult, and a person who 1 has received a deferred sentence or deferred judgment. 2 3. For purposes of determining whether the person should 3 register as a sex offender pursuant to the provisions of 4 chapter 692A , the fact finder shall make a determination as 5 provided in section 692A.126 . 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 The bill expands the definition of kidnapping in the second 10 degree to include any kidnapping of a person under 18 years of 11 age other than a kidnapping by a relative whose sole purpose 12 of the kidnapping is to assume custody of the victim. A person 13 who commits kidnapping in the second degree commits a class “B” 14 felony under current law and in the bill. 15 A person who commits kidnapping in the second degree may 16 also be required to register as a sex offender if the fact 17 finder makes a determination that the kidnapping was sexually 18 motivated under Code section 692A.126. 19 The bill also enhances the penalty for kidnapping in the 20 third degree. If a person is convicted of kidnapping in 21 the third degree and the person has a previous conviction 22 for kidnapping, the bill increases the criminal penalty for 23 kidnapping in the third degree from a class “C” felony to a 24 class “B” felony. 25 In determining if a violation charged is a previous 26 conviction for purposes of criminal sentencing under the bill, 27 a conviction in this state or under statutes substantially 28 corresponding to this Code section in another state, or in a 29 federal, military, tribal, or foreign court, shall be counted 30 as a previous conviction. A previous conviction also includes 31 a juvenile who has been adjudicated delinquent but whose 32 juvenile court records have been sealed under Code section 33 232.150, a juvenile prosecuted as an adult, and a person who 34 has received a deferred sentence or deferred judgment. 35 -2- LSB 1441SV (2) 86 jm/rj 2/ 2