SF 2373 (LSB 6131SV (3) 87)

SENATE FILE 2373

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3102)

A BILL FOR

An Act relating to the criminal offense of child endangerment by prohibiting a sex offender convicted of a sex offense against a minor access to a child or certain minors and by prohibiting a parent or guardian from allowing such access, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 726.6, subsection 1, paragraph h, Code 2018, is amended to read as follows:
   h.  Knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register due to a conviction for a sex offense against a minor or is on the sex offender registry as a sex offender due to a conviction for a sex offense against a minor under chapter 692A. However, this paragraph does not apply to a person who is a parent or guardian of a child or a minor, who is and the parent or guardian is required to register as a sex offender due to a conviction for a sex offense against a minor, or to a person who is married to and living with a person required to register as a sex offender due to a conviction for a sex offense against a minor.
    Sec. 2.  Section 726.6, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person who knowingly takes custody or control of a child or minor, or who knowingly has unsupervised access to a child or minor while required to register as a sex offender for a sex offense against a minor under chapter 692A, commits child endangerment. However, this subsection does not apply to a person who is a parent or guardian of the child or minor, or to a person who is married to and living with a person who is the parent or guardian of the child or minor.
    Sec. 3.  Section 726.6, subsection 3, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   For the purposes of subsection 1 or 1A, “person having control over a child or a minor” means any of the following:
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 the criminal offense of child endangerment by prohibiting a sex offender convicted of a sex offense against a minor access to a child or certain minors and by prohibiting a parent or guardian from allowing such access.
   For purposes of the bill, “a person having control over a child or minor” means any of the following: a person who has accepted, undertaken, or assumed supervision of a child or such a minor from the parent or guardian of the child or minor; a person who has undertaken or assumed temporary supervision of a child or such a minor without explicit consent from the parent or guardian of the child or minor; or a person who operates a motor vehicle with a child or such a minor present in the vehicle.
   Under the bill, a person who is the parent, guardian, or person having custody or control over a child or a minor under the age of 18 with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register due to a conviction for a sex offense against a minor or is on the sex offender registry due to a conviction for a sex offense against a minor under chapter 692A. However, this prohibition does not apply to a person who is a parent or guardian of a child or a minor and the parent or guardian is required to register as a sex offender due to a conviction for a sex offense against a minor, or to a person who is married to and living with a person required to register as a sex offender due to a conviction for a sex offense against a minor. A person who violates this provision also commits child abuse pursuant to Code section 232.68(2)(a)(9).
   Under the bill, a person who knowingly takes custody or control of a child or certain minors, or who knowingly has unsupervised access to a child or certain minors while required to register as a sex offender, commits child endangerment. However, the bill does not apply to a person who is a parent or guardian of the child or minor, or to a person who is married to and living with a person who is the parent or guardian of the child or minor. 
   The penalties for the commission of child endangerment in violation of Code section 726.6 range from an aggravated misdemeanor to a class “B” felony depending upon the circumstances of the case.