Senate File 2373 - Introduced SENATE FILE 2373 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3102) A BILL FOR An Act relating to the criminal offense of child endangerment 1 by prohibiting a sex offender convicted of a sex offense 2 against a minor access to a child or certain minors and by 3 prohibiting a parent or guardian from allowing such access, 4 and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6131SV (3) 87 jm/jh

S.F. 2373 Section 1. Section 726.6, subsection 1, paragraph h, Code 1 2018, is amended to read as follows: 2 h. Knowingly allows a person custody or control of, or 3 unsupervised access to a child or a minor after knowing the 4 person is required to register due to a conviction for a sex 5 offense against a minor or is on the sex offender registry as 6 a sex offender due to a conviction for a sex offense against 7 a minor under chapter 692A . However, this paragraph does 8 not apply to a person who is a parent or guardian of a child 9 or a minor , who is and the parent or guardian is required 10 to register as a sex offender due to a conviction for a sex 11 offense against a minor , or to a person who is married to and 12 living with a person required to register as a sex offender due 13 to a conviction for a sex offense against a minor . 14 Sec. 2. Section 726.6, Code 2018, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 1A. A person who knowingly takes custody or 17 control of a child or minor, or who knowingly has unsupervised 18 access to a child or minor while required to register as a sex 19 offender for a sex offense against a minor under chapter 692A, 20 commits child endangerment. However, this subsection does not 21 apply to a person who is a parent or guardian of the child or 22 minor, or to a person who is married to and living with a person 23 who is the parent or guardian of the child or minor. 24 Sec. 3. Section 726.6, subsection 3, unnumbered paragraph 25 1, Code 2018, is amended to read as follows: 26 For the purposes of subsection 1 or 1A , “person having 27 control over a child or a minor” means any of the following: 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the criminal offense of child 32 endangerment by prohibiting a sex offender convicted of a sex 33 offense against a minor access to a child or certain minors and 34 by prohibiting a parent or guardian from allowing such access. 35 -1- LSB 6131SV (3) 87 jm/jh 1/ 3

S.F. 2373 For purposes of the bill, “a person having control over a 1 child or minor” means any of the following: a person who has 2 accepted, undertaken, or assumed supervision of a child or such 3 a minor from the parent or guardian of the child or minor; a 4 person who has undertaken or assumed temporary supervision of a 5 child or such a minor without explicit consent from the parent 6 or guardian of the child or minor; or a person who operates 7 a motor vehicle with a child or such a minor present in the 8 vehicle. 9 Under the bill, a person who is the parent, guardian, or 10 person having custody or control over a child or a minor 11 under the age of 18 with a mental or physical disability, or 12 a person who is a member of the household in which a child 13 or such a minor resides, commits child endangerment when the 14 person knowingly allows a person custody or control of, or 15 unsupervised access to a child or a minor after knowing the 16 person is required to register due to a conviction for a sex 17 offense against a minor or is on the sex offender registry due 18 to a conviction for a sex offense against a minor under chapter 19 692A. However, this prohibition does not apply to a person who 20 is a parent or guardian of a child or a minor and the parent 21 or guardian is required to register as a sex offender due to a 22 conviction for a sex offense against a minor, or to a person 23 who is married to and living with a person required to register 24 as a sex offender due to a conviction for a sex offense against 25 a minor. A person who violates this provision also commits 26 child abuse pursuant to Code section 232.68(2)(a)(9). 27 Under the bill, a person who knowingly takes custody or 28 control of a child or certain minors, or who knowingly has 29 unsupervised access to a child or certain minors while required 30 to register as a sex offender, commits child endangerment. 31 However, the bill does not apply to a person who is a parent or 32 guardian of the child or minor, or to a person who is married to 33 and living with a person who is the parent or guardian of the 34 child or minor. 35 -2- LSB 6131SV (3) 87 jm/jh 2/ 3

S.F. 2373 The penalties for the commission of child endangerment 1 in violation of Code section 726.6 range from an aggravated 2 misdemeanor to a class “B” felony depending upon the 3 circumstances of the case. 4 -3- LSB 6131SV (3) 87 jm/jh 3/ 3