Senate File 2199 - Introduced SENATE FILE 2199 BY PETERSEN A BILL FOR An Act modifying the periods of time to bring criminal actions 1 for sexual abuse offenses against a minor, providing 2 penalties, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6040XS (2) 87 jm/rh
S.F. 2199 Section 1. Section 802.2, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. An information or indictment for sexual abuse in the 3 first, second, or third degree committed on or with a person 4 who is under the age of eighteen years shall be found within 5 ten years after the person upon whom the offense is committed 6 attains eighteen years of age, or if the person against whom 7 the information or indictment is sought is identified through 8 the use of a DNA profile, an information or indictment shall 9 be found within three years from the date the person is 10 identified by the person’s DNA profile, whichever is later may 11 be commenced at any time after the commission of the offense . 12 Sec. 2. Section 802.10, subsection 3, Code 2018, is amended 13 to read as follows: 14 3. However, notwithstanding subsection 2 , an indictment 15 or information shall be found against a person within three 16 years from the date the person is identified by the person’s 17 DNA profile. If the action involves sexual abuse of a person 18 eighteen years of age or older , another sexual offense, 19 kidnapping, or human trafficking, the indictment or information 20 shall be found as provided in section 802.2 , subsection 2, 21 802.2B , 802.2C , or 802.2D , if the person is identified by the 22 person’s DNA profile. 23 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 24 immediate importance, takes effect upon enactment. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill modifies the periods of time to bring criminal 29 actions for sexual abuse offenses against a minor. 30 The amendment to Code section 802.2 in the bill provides 31 that a criminal information or indictment for sexual abuse 32 in the first, second, or third degree committed on or with a 33 person under the age of 18 may be commenced at any time after 34 the commission of the offense. Current law specifies the 35 -1- LSB 6040XS (2) 87 jm/rh 1/ 2
S.F. 2199 indictment or information for such sexual abuse offenses be 1 found within 10 years of the sexually abused person attaining 2 18 years of age or within three years after being identified by 3 DNA evidence, whichever is later. 4 The bill takes effect upon enactment. 5 -2- LSB 6040XS (2) 87 jm/rh 2/ 2