SF 2230 (LSB 5455SV (2) 87)

SENATE FILE 2230

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3026)

A BILL FOR

An Act relating to kidnapping in the second degree, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 710.3, Code 2018, is amended to read as follows:
   710.3  Kidnapping in the second degree.
   1.  Kidnapping where the purpose is to hold the victim for ransom, or where the kidnapper is armed with a dangerous weapon, or where the victim is under eighteen years of age other than a kidnapping by a parent or legal guardian whose sole purpose of the kidnapping is to assume custody of a victim under eighteen years of age, is kidnapping in the second degree. Kidnapping in the second degree is a class “B” felony.
   2.  For purposes of determining whether the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to kidnapping in the second degree. The criminal offense of kidnapping is defined in Code section 710.1.
   Under the bill, a person commits kidnapping in the second degree when the victim is under 18 years of age, except that it is not kidnapping in the second degree when the kidnapping is by a parent or legal guardian whose sole purpose of the kidnapping is to assume custody of the victim under 18 years of age. Currently, a person commits kidnapping in the second degree when a person kidnaps another person and holds that person for ransom or when the kidnapper is armed with a dangerous weapon.
   A person who commits kidnapping in the second degree commits a class “B” forcible felony. A person who commits a forcible felony is ineligible to receive a deferred judgment or sentence or suspended sentence under Code section 907.3.
   A class “B” felony is punishable by confinement for no more than 25 years. A person who commits kidnapping in the second degree accumulates reduced earned time under Code section 903A.2 and must serve a minimum sentence of at least 70 percent of the sentence prior to being eligible for parole.
   A person who commits kidnapping in the second degree under the bill must also register as a tier III sex offender under Code chapter 692A if a determination is made that the offense was sexually motivated.