SSB 3057 (LSB 5555SC (7) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS)

A BILL FOR

An Act relating to the criminal elements and penalties for the commission of sexual misconduct with offenders and juveniles, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.16, Code 2016, is amended to read as follows:
   709.16  Sexual misconduct with offenders and juveniles.
   1.  a.  Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of the department of corrections, or an officer, employee, or agent of a judicial district department of correctional services, who engages in a sex act with an individual committed to the custody of the department of corrections or a judicial district department of correctional services, with specific and actual knowledge the person is committed to the custody of the department, commits an aggravated misdemeanor a class “D” felony.
   b.  An officer, employee, or agent of a judicial district department of correctional services who engages in a sex act with an individual under supervision of a judicial district department of correctional services, with specific and actual knowledge the person is under supervision, commits a class “D” felony.
   2.  a.  Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such facility commits an aggravated misdemeanor a class “D” felony.
   b.  For purposes of this subsection, a “juvenile placement facility” means any of the following:
   (1)  A child foster care facility licensed under section 237.4.
   (2)  Institutions controlled by the department of human services listed in section 218.1.
   (3)  Juvenile detention and juvenile shelter care homes approved under section 232.142.
   (4)  Psychiatric medical institutions for children licensed under chapter 135H.
   (5)  Facilities for the treatment of persons with substance-related disorders as defined in section 125.2.
   3.  Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of a county who engages in a sex act with a prisoner incarcerated in a county jail or municipal holding facility, with specific and actual knowledge the person is incarcerated, commits an aggravated misdemeanor a class “D” felony.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2017.
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 criminal elements and penalties for the commission of sexual misconduct with offenders and juveniles.
   The bill raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for a peace officer, officer, employee, contractor, vendor, volunteer, or agent of the department of corrections who engages in a sex act with an inmate committed to the custody of the department of corrections, if such a person has specific and actual knowledge the inmate is committed to the custody of the department.
   The bill raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for an officer, employee, or agent of a judicial district department of correctional services who engages in a sex act with an individual under supervision of a judicial district department, with specific and actual knowledge the person is under supervision.
   The bill raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for a peace officer, officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such a facility.
   The bill also raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for a peace officer, officer, employee, contractor, vendor, volunteer, or agent of a county who engages in a sex act with a prisoner incarcerated in a county jail or municipal holding facility, if such a person has specific and actual knowledge the inmate is incarcerated.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   A person who violates the bill is also subject to a special sentence under Code section 903B.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense by committing the person into the custody of the director of the Iowa department of corrections for a period of 10 years. A person serving a special sentence begins the sentence as if on parole or work release but the sentence is subject to a revocation of release for up to two years for a first revocation and five years for any second or subsequent revocation.
   The bill takes effect January 1, 2017.