House
File
489
-
Introduced
HOUSE
FILE
489
BY
KRESSIG
A
BILL
FOR
An
Act
relating
to
children
who
have
committed
certain
sexual
1
abuse
offenses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1866YH
(3)
87
hb/nh
H.F.
489
Section
1.
Section
232.2,
subsection
6,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0f.
Who
has
committed
an
act
which
may
3
constitute
a
violation
of
section
709.3
or
709.4
and
is
in
4
need
of
treatment
services
or
other
services
offered
by
the
5
department
of
human
services
and
whose
parent,
guardian,
or
6
custodian
is
unwilling
or
unable
to
provide
access
to
such
7
treatment
or
services.
8
Sec.
2.
Section
232.70,
Code
2017,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
11.
If
the
department,
after
notification
11
from
a
law
enforcement
agency,
has
reasonable
cause
to
believe
12
that
a
child
may
be
prosecuted
for
a
violation
of
section
709.3
13
or
709.4,
the
department
shall
refer
the
child
to
appropriate
14
services
within
forty-eight
hours.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
welfare
of
children
who
have
19
committed
an
act
which
may
constitute
sex
abuse
in
the
second
20
degree
or
sex
abuse
in
the
third
degree.
The
bill
includes
21
within
the
definition
of
a
child
in
need
of
assistance
a
child
22
who
has
committed
an
act
which
may
constitute
sex
abuse
in
23
the
second
degree
under
Code
section
709.3
or
sex
abuse
in
24
the
third
degree
under
Code
section
709.4,
and
is
in
need
25
of
services
or
treatment
offered
by
the
department
of
human
26
services
and
whose
parent,
guardian,
or
custodian
is
unwilling
27
or
unable
to
provide
the
child
access
to
such
services
or
28
treatment.
The
bill
also
provides
that
if
the
department
of
29
human
services,
after
notification
from
a
law
enforcement
30
agency,
has
reasonable
cause
to
believe
that
a
child
may
be
31
prosecuted
for
a
violation
of
Code
section
709.3
or
709.4,
the
32
department
shall
refer
the
child
to
appropriate
services
within
33
48
hours.
34
Code
section
709.3
provides
that
a
person
commits
sex
abuse
35
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2
H.F.
489
in
the
second
degree
if
the
other
person
is
under
the
age
of
12.
1
Code
section
709.4
provides
that
a
person
commits
sex
abuse
2
in
the
third
degree
if
the
other
person
is
12
or
13
years
of
3
age
or
the
other
person
is
14
or
15
years
of
age
and
certain
4
provisions
apply,
including
but
not
limited
to
if
the
person
is
5
four
or
more
years
older
than
the
other
person.
6
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hb/nh
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2