SF 2375 (LSB 6040SV (1) 87)

SENATE FILE 2375

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2199)

A BILL FOR

An Act modifying the periods of time to bring criminal actions for sexual abuse offenses against a minor, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 802.2, subsection 1, Code 2018, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later may be commenced at any time after the commission of the offense.
    Sec. 2.  Section 802.10, subsection 3, Code 2018, is amended to read as follows:
   3.  However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse of a person eighteen years of age or older, another sexual offense, kidnapping, or human trafficking, the indictment or information shall be found as provided in section 802.2, subsection 2, 802.2B, 802.2C, or 802.2D, if the person is identified by the person’s DNA profile.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies the periods of time to bring criminal actions for sexual abuse offenses against a minor.
   The amendment to Code section 802.2 in the bill provides that a criminal information or indictment for sexual abuse in the first, second, or third degree committed on or with a person under the age of 18 may be commenced at any time after the commission of the offense. Current law specifies the indictment or information for such sexual abuse offenses be found within 10 years of the sexually abused person attaining 18 years of age or within three years after being identified by DNA evidence, whichever is later.
   The bill takes effect upon enactment.