HSB 641 (LSB 5309XD (7) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL)

A BILL FOR

An Act relating to child abuse involving access to a child by a person who is a sex offender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.68, subsection 2, paragraph a, subparagraph (9), Code 2018, is amended to read as follows:
   (9)  (a)  Knowingly A person who is responsible for the care of a child knowingly allowing a person another person custody or of, control of over, or unsupervised access to a child or minor child under the age of fourteen or a child with a physical or mental disability, after knowing the person other person is required to register or is on the sex offender registry under chapter 692A for a violation of section 726.6.
   (b)  This subparagraph does not apply in any of the following circumstances:
   (i)  A child living with a parent or guardian who is a sex offender required to register or on the sex offender registry under chapter 692A.
   (ii)  A child living with a parent or guardian who is married to and living with a sex offender required to register or on the sex offender registry under chapter 692A.
   (iii)  A child who is a sex offender required to register or on the sex offender registry under chapter 692A who is living with the child’s parent, guardian, or foster parent and is also living with the child to whom access was allowed.
   (c)  For purposes of this subparagraph, “control over” means any of the following:
   (i)  A person who has accepted, undertaken, or assumed supervision of a child from the parent or guardian of the child.
   (ii)  A person who has undertaken or assumed temporary supervision of a child without explicit consent from the parent or guardian of the child.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends the definition of “child abuse” in Code chapter 232, relating to juvenile justice.
   Under current law, “child abuse” is defined to include knowingly allowing a person who is required to register or is on the sex offender registry for a violation of Code section 726.6 (child endangerment) custody or control of, or unsupervised access to, a child. Code chapter 232 defines a “child” as any person under the age of 18.
   The bill amends current law to provide that child abuse includes a person who is responsible for the care of a child knowingly allowing another person custody of, control over, or unsupervised access to a child under the age of 14 or a child with a physical or mental disability, after knowing the other person is required to register or is on the sex offender registry. The bill provides exceptions for a child living with a parent or guardian who is a sex offender required to register or on the sex offender registry, a child living with a parent or guardian who is married to and living with a sex offender required to register or on the sex offender registry, and a child who is a sex offender required to register or on the sex offender registry who is living with the child’s parent, guardian, or foster parent and is also living with the child to whom access was allowed.
   The bill defines “control over” to mean a person who has accepted, undertaken, or assumed supervision of a child from the parent or guardian of the child or a person who has undertaken or assumed temporary supervision of a child without explicit consent from the parent or guardian of the child.