House File 2054 - Introduced HOUSE FILE 2054 BY WHEELER A BILL FOR An Act relating to the limitations of criminal actions in 1 kidnapping offenses, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5171YH (3) 87 jm/rh

H.F. 2054 Section 1. Section 802.2C, Code 2018, is amended to read as 1 follows: 2 802.2C Kidnapping. 3 1. An information or indictment for kidnapping in the 4 first, second, or third degree committed on or with a person 5 who is under the age of eighteen years shall be found within 6 ten years after the person upon whom the offense is committed 7 attains eighteen years of age, or if the person against whom 8 the information or indictment is sought is identified through 9 the use of a DNA profile, an information or indictment shall be 10 found within three years from the date the person is identified 11 by the person’s DNA profile, whichever is later. 12 2. An information or indictment for any other kidnapping in 13 the first, second, or third degree shall be found within ten 14 years after its commission, or if the person against whom the 15 information or indictment is sought is identified through the 16 use of a DNA profile, an information or indictment shall be 17 found within three years from the date the person is identified 18 by the person’s DNA profile, whichever is later. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the limitations of criminal actions in 23 kidnapping offenses. 24 The bill provides that an information or indictment for 25 kidnapping in the first, second, or third degree, committed on 26 or with a person who is 18 years of age or older shall be found 27 within 10 years after its commission, or if the person against 28 whom the information or indictment is sought is identified 29 through the use of a DNA profile for any such kidnapping 30 offense committed on or with a person who is 18 years of age 31 or older, the information or indictment shall be found within 32 three years from the date the person is identified by the 33 person’s DNA profile, whichever is later. Under current law, 34 an information or indictment for any such kidnapping offense 35 -1- LSB 5171YH (3) 87 jm/rh 1/ 2

H.F. 2054 committed on or with a person who is 18 years of age or older 1 shall be found within three years after its commission. 2 The bill does not change current law which provides that 3 if such a kidnapping offense is committed on or with a person 4 who is under 18 years of age, the information or indictment 5 shall be found within 10 years after the person upon whom the 6 kidnapping is committed attains 18 years of age or if the 7 person against whom the information or indictment is sought is 8 identified through the use of a DNA profile, an information or 9 indictment shall be found within three years from the date the 10 person is identified by the person’s DNA profile, whichever is 11 later. 12 Kidnapping in the first degree is a class “A” felony 13 punishable by confinement for life without possibility of 14 parole for adult offenders. Kidnapping in the second degree 15 is a class “B” felony (70 percent sentence) punishable by 16 confinement for no more than 25 years. Kidnapping in the third 17 degree is a class “C” felony punishable by confinement for no 18 more than 10 years and a fine of at least $1,000 but not more 19 than $10,000. 20 -2- LSB 5171YH (3) 87 jm/rh 2/ 2