Senate
Study
Bill
1023
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
sexual
misconduct
with
offenders
and
1
juveniles,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
Section
1.
Section
709.16,
Code
2015,
is
amended
to
read
as
1
follows:
2
709.16
Sexual
misconduct
with
offenders
and
juveniles.
3
1.
An
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
commits
an
aggravated
misdemeanor.
10
2.
a.
An
Any
peace
officer,
or
an
officer,
employee,
11
contractor,
vendor,
volunteer,
or
agent
of
a
juvenile
placement
12
facility
who
engages
in
a
sex
act
with
a
juvenile
placed
at
13
such
facility
commits
an
aggravated
misdemeanor.
14
b.
For
purposes
of
this
subsection
,
a
“juvenile
placement
15
facility”
means
any
of
the
following:
16
(1)
A
child
foster
care
facility
licensed
under
section
17
237.4
.
18
(2)
Institutions
controlled
by
the
department
of
human
19
services
listed
in
section
218.1
.
20
(3)
Juvenile
detention
and
juvenile
shelter
care
homes
21
approved
under
section
232.142
.
22
(4)
Psychiatric
medical
institutions
for
children
licensed
23
under
chapter
135H
.
24
(5)
Facilities
for
the
treatment
of
persons
with
25
substance-related
disorders
as
defined
in
section
125.2
.
26
3.
An
Any
peace
officer,
or
an
officer,
employee,
27
contractor,
vendor,
volunteer,
or
agent
of
a
county
who
engages
28
in
a
sex
act
with
a
prisoner
incarcerated
in
a
county
jail
29
commits
an
aggravated
misdemeanor.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
sexual
misconduct
with
offenders
and
34
juveniles.
35
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The
bill
specifies
that
a
peace
officer
shall
not
engage
in
1
a
sex
act
with
an
individual
committed
to
the
custody
of
the
2
department
of
corrections
or
a
judicial
district
department
of
3
correctional
services.
4
The
bill
specifies
that
a
peace
officer
shall
not
engage
5
in
a
sex
act
with
a
juvenile
placed
at
a
juvenile
placement
6
facility.
7
The
bill
further
specifies
that
a
peace
officer
shall
not
8
engage
in
a
sex
act
with
a
prisoner
incarcerated
in
a
county
9
jail.
10
A
“sex
act”
is
defined
in
Code
section
702.17.
11
A
peace
officer
who
violates
the
bill
commits
an
aggravated
12
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
13
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
14
$625
but
not
more
than
$6,250.
15
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