House File 2401 - Introduced HOUSE FILE 2401 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 641) A BILL FOR An Act relating to child abuse involving access to a child by a 1 person who is a sex offender. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5309HV (1) 87 hb/rh

H.F. 2401 Section 1. Section 232.68, subsection 2, paragraph a, 1 subparagraph (9), Code 2018, is amended to read as follows: 2 (9) (a) Knowingly A person who is responsible for the 3 care of a child knowingly allowing a person another person 4 custody or of, control of over , or unsupervised access to a 5 child or minor child under the age of fourteen or a child with 6 a physical or mental disability , after knowing the person 7 other person is required to register or is on the sex offender 8 registry under chapter 692A for a violation of section 726.6 . 9 (b) This subparagraph does not apply in any of the following 10 circumstances: 11 (i) A child living with a parent or guardian who is a sex 12 offender required to register or on the sex offender registry 13 under chapter 692A. 14 (ii) A child living with a parent or guardian who is married 15 to and living with a sex offender required to register or on 16 the sex offender registry under chapter 692A. 17 (iii) A child who is a sex offender required to register or 18 on the sex offender registry under chapter 692A who is living 19 with the child’s parent, guardian, or foster parent and is also 20 living with the child to whom access was allowed. 21 (c) For purposes of this subparagraph, “control over” means 22 any of the following: 23 (i) A person who has accepted, undertaken, or assumed 24 supervision of a child from the parent or guardian of the 25 child. 26 (ii) A person who has undertaken or assumed temporary 27 supervision of a child without explicit consent from the parent 28 or guardian of the child. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill amends the definition of “child abuse” in Code 33 chapter 232, relating to juvenile justice. 34 Under current law, “child abuse” is defined to include 35 -1- LSB 5309HV (1) 87 hb/rh 1/ 2

H.F. 2401 knowingly allowing a person who is required to register 1 or is on the sex offender registry for a violation of Code 2 section 726.6 (child endangerment) custody or control of, or 3 unsupervised access to, a child. Code chapter 232 defines a 4 “child” as any person under the age of 18. 5 The bill amends current law to provide that child abuse 6 includes a person who is responsible for the care of a child 7 knowingly allowing another person custody of, control over, 8 or unsupervised access to a child under the age of 14 or a 9 child with a physical or mental disability, after knowing the 10 other person is required to register or is on the sex offender 11 registry. The bill provides exceptions for a child living with 12 a parent or guardian who is a sex offender required to register 13 or on the sex offender registry, a child living with a parent 14 or guardian who is married to and living with a sex offender 15 required to register or on the sex offender registry, and a 16 child who is a sex offender required to register or on the 17 sex offender registry who is living with the child’s parent, 18 guardian, or foster parent and is also living with the child to 19 whom access was allowed. 20 The bill defines “control over” to mean a person who has 21 accepted, undertaken, or assumed supervision of a child 22 from the parent or guardian of the child or a person who has 23 undertaken or assumed temporary supervision of a child without 24 explicit consent from the parent or guardian of the child. 25 -2- LSB 5309HV (1) 87 hb/rh 2/ 2