House File 2395 - Introduced HOUSE FILE 2395 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 618) A BILL FOR An Act relating to the criminal elements and penalties for 1 the commission of sexual misconduct with offenders and 2 juveniles, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5712HV (2) 87 jm/rj

H.F. 2395 Section 1. Section 709.16, Code 2018, is amended to read as 1 follows: 2 709.16 Sexual misconduct with offenders and juveniles. 3 1. a. 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 , with specific and actual knowledge the 10 person is committed to the custody of the department, commits 11 an aggravated misdemeanor a class “D” felony . 12 b. An officer, employee, or agent of a judicial district 13 department of correctional services who engages in a sex act 14 with an individual under supervision of a judicial district 15 department of correctional services, with specific and actual 16 knowledge the person is under supervision, commits a class “D” 17 felony. 18 2. a. Any peace officer, or an officer, employee, 19 contractor, vendor, volunteer, or agent of a juvenile placement 20 facility who engages in a sex act with a juvenile placed at 21 such facility commits an aggravated misdemeanor a class “D” 22 felony . 23 b. For purposes of this subsection , a “juvenile placement 24 facility” means any of the following: 25 (1) A child foster care facility licensed under section 26 237.4 . 27 (2) Institutions controlled by the department of human 28 services listed in section 218.1 . 29 (3) Juvenile detention and juvenile shelter care homes 30 approved under section 232.142 . 31 (4) Psychiatric medical institutions for children licensed 32 under chapter 135H . 33 (5) Facilities for the treatment of persons with 34 substance-related disorders as defined in section 125.2 . 35 -1- LSB 5712HV (2) 87 jm/rj 1/ 3

H.F. 2395 3. Any peace officer, or an officer, employee, contractor, 1 vendor, volunteer, or agent of a county who engages in a sex 2 act with a prisoner incarcerated in a county jail or municipal 3 holding facility, with specific and actual knowledge the person 4 is incarcerated, commits an aggravated misdemeanor a class “D” 5 felony . 6 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 7 2019. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the criminal elements and penalties 12 for the commission of sexual misconduct with offenders and 13 juveniles. 14 The bill raises the criminal penalty from an aggravated 15 misdemeanor to a class “D” felony for a peace officer, 16 officer, employee, contractor, vendor, volunteer, or agent 17 of the department of corrections who engages in a sex act 18 with an inmate committed to the custody of the department of 19 corrections, if such a person has specific and actual knowledge 20 the inmate is committed to the custody of the department. 21 The bill raises the criminal penalty from an aggravated 22 misdemeanor to a class “D” felony for an officer, employee, 23 or agent of a judicial district department of correctional 24 services who engages in a sex act with an individual under 25 supervision of a judicial district department, with specific 26 and actual knowledge the person is under supervision. 27 The bill raises the criminal penalty from an aggravated 28 misdemeanor to a class “D” felony for a peace officer, officer, 29 employee, contractor, vendor, volunteer, or agent of a juvenile 30 placement facility who engages in a sex act with a juvenile 31 placed at such a facility. 32 The bill also raises the criminal penalty from an aggravated 33 misdemeanor to a class “D” felony for a peace officer, officer, 34 employee, contractor, vendor, volunteer, or agent of a county 35 -2- LSB 5712HV (2) 87 jm/rj 2/ 3

H.F. 2395 who engages in a sex act with a prisoner incarcerated in a 1 county jail or municipal holding facility, if such a person has 2 specific and actual knowledge the inmate is incarcerated. 3 An aggravated misdemeanor is punishable by confinement for 4 no more than two years and a fine of at least $625 but not more 5 than $6,250. A class “D” felony is punishable by confinement 6 for no more than five years and a fine of at least $750 but not 7 more than $7,500. 8 A person who violates the bill is also subject to a special 9 sentence under Code section 903B.2. A special sentence is a 10 punishment in addition to the punishment for the underlying 11 criminal offense by committing the person into the custody of 12 the director of the Iowa department of corrections for a period 13 of 10 years. A person serving a special sentence begins the 14 sentence as if on parole or work release but the sentence is 15 subject to a revocation of release for up to two years for a 16 first revocation and five years for any second or subsequent 17 revocation. 18 The bill takes effect January 1, 2019. 19 -3- LSB 5712HV (2) 87 jm/rj 3/ 3