House File 2270 - Introduced HOUSE FILE 2270 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 541) A BILL FOR An Act relating to kidnapping in the second degree, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5455HV (2) 87 jm/rh
H.F. 2270 Section 1. Section 710.3, Code 2018, is amended to read as 1 follows: 2 710.3 Kidnapping in the second degree. 3 1. Kidnapping where the purpose is to hold the victim 4 for ransom , or where the kidnapper is armed with a dangerous 5 weapon , or where the victim is under eighteen years of age 6 other than a kidnapping by a parent or legal guardian whose 7 sole purpose of the kidnapping is to assume custody of a victim 8 under eighteen years of age, is kidnapping in the second 9 degree. Kidnapping in the second degree is a class “B” felony. 10 2. For purposes of determining whether the person should 11 register as a sex offender pursuant to the provisions of 12 chapter 692A , the fact finder shall make a determination as 13 provided in section 692A.126 . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to kidnapping in the second degree. The 18 criminal offense of kidnapping is defined in Code section 19 710.1. 20 Under the bill, a person commits kidnapping in the second 21 degree when the victim is under 18 years of age other than a 22 kidnapping by a parent or legal guardian whose sole purpose 23 of the kidnapping is to assume custody of a victim under 18 24 years of age. Currently, a person commits kidnapping in the 25 second degree when a person kidnaps another person and holds 26 that person for ransom or when the kidnapper is armed with a 27 dangerous weapon. 28 A person who commits kidnapping in the second degree commits 29 a class “B” forcible felony. A person who commits a forcible 30 felony is ineligible to receive a deferred judgment or sentence 31 or suspended sentence under Code section 907.3. 32 A class “B” felony is punishable by confinement for no more 33 than 25 years. A person who commits kidnapping in the second 34 degree accumulates reduced earned time under Code section 35 -1- LSB 5455HV (2) 87 jm/rh 1/ 2
H.F. 2270 903A.2 and must serve a minimum sentence of at least 70 percent 1 of the sentence prior to being eligible for parole. 2 A person who commits kidnapping in the second degree under 3 the bill must also register as a tier III sex offender under 4 Code chapter 692A if a determination is made that the offense 5 was sexually motivated. 6 -2- LSB 5455HV (2) 87 jm/rh 2/ 2