Senate File 243 - Introduced SENATE FILE 243 BY PETERSEN A BILL FOR An Act extending the limitations of certain criminal actions 1 committed on or with minors, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1641XS (15) 87 jm/rj
S.F. 243 Section 1. Section 802.2, subsection 1, Code 2017, 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 may be found 5 within ten years after the person upon whom the offense is 6 committed attains eighteen years of age, or if the person 7 against whom the information or indictment is sought is 8 identified through the use of a DNA profile, an information or 9 indictment shall be found within three years from the date the 10 person is identified by the person’s DNA profile, whichever is 11 later at any time after the commission of the offense . 12 Sec. 2. Section 802.2A, Code 2017, is amended to read as 13 follows: 14 802.2A Incest —— sexual exploitation by a counselor, 15 therapist, or school employee. 16 1. An information or indictment for incest under section 17 726.2 committed on or with a person who is under the age of 18 eighteen shall may be found within ten years after the person 19 upon whom the offense is committed attains eighteen years of 20 age. An information or indictment for any other incest shall 21 be found within ten years after its at any time after the 22 commission of the offense . 23 2. An indictment or information for sexual exploitation by 24 a counselor, therapist, or school employee under section 709.15 25 committed on or with a person who is under the age of eighteen 26 shall may be found within ten years after the person upon whom 27 the offense is committed attains eighteen years of age at any 28 time after the commission of the offense . An information or 29 indictment for any other sexual exploitation shall be found 30 within ten years of the date the victim was last treated by the 31 counselor or therapist, or within ten years of the date the 32 victim was enrolled in or attended the school. 33 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2017, 34 is amended to read as follows: 35 -1- LSB 1641XS (15) 87 jm/rj 1/ 6
S.F. 243 An information or indictment for the following offenses 1 committed on or with a person who is under the age of eighteen 2 years shall may be found within ten years after the person upon 3 whom the offense is committed attains eighteen years of age, 4 or if the person against whom the information or indictment 5 is sought is identified through the use of a DNA profile, an 6 information or indictment shall be found within three years 7 from the date the person is identified by the person’s DNA 8 profile, whichever is later at any time after the commission 9 of the offense : 10 Sec. 4. Section 802.2C, Code 2017, is amended to read as 11 follows: 12 802.2C Kidnapping. 13 An information or indictment for kidnapping in the first, 14 second, or third degree committed on or with a person who is 15 under the age of eighteen years shall may be found within ten 16 years after the person upon whom the offense is committed 17 attains eighteen years of age, or if the person against whom 18 the information or indictment is sought is identified through 19 the use of a DNA profile, an information or indictment shall be 20 found within three years from the date the person is identified 21 by the person’s DNA profile, whichever is later commenced at 22 any time after the commission of the offense . 23 Sec. 5. Section 802.2D, Code 2017, is amended to read as 24 follows: 25 802.2D Human trafficking. 26 An information or indictment for human trafficking in 27 violation of section 710A.2 , committed on or with a person who 28 is under the age of eighteen years shall may be found within 29 ten years after the person upon whom the offense is committed 30 attains eighteen years of age, or if the person against whom 31 the information or indictment is sought is identified through 32 the use of a DNA profile, an information or indictment shall be 33 found within three years from the date the person is identified 34 by the person’s DNA profile, whichever is later at any time 35 -2- LSB 1641XS (15) 87 jm/rj 2/ 6
S.F. 243 after the commission of the offense . 1 Sec. 6. Section 802.10, subsection 3, Code 2017, is amended 2 to read as follows: 3 3. However, notwithstanding subsection 2 , an indictment or 4 information shall be found against a person within three years 5 from the date the person is identified by the person’s DNA 6 profile. If the action involves sexual abuse, another sexual 7 offense, kidnapping, or human trafficking, the indictment 8 or information shall be found as provided in section 802.2 , 9 802.2B , 802.2C , or 802.2D , if the person is identified by the 10 person’s DNA profile. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill extends the limitations of certain criminal 15 actions (statute of limitations) committed on or with minors. 16 The amendment to Code section 802.2 provides that an 17 information or indictment for sexual abuse in the first, 18 second, or third degree committed on or with a person who 19 is under the age of 18 years may be found at any time after 20 commission of the offense. Under current law, an information 21 or indictment for a sexual abuse offense committed on or with 22 a person who is under 18 years of age shall be found within 23 10 years after the person upon whom the offense is committed 24 attains 18 years of age, or if the person against whom the 25 information or indictment is sought is identified through the 26 use of a DNA profile, an information or indictment shall be 27 found within three years from the date the person is identified 28 by the person’s DNA profile, whichever is later. 29 The amendment to Code section 802.2A provides that an 30 information or indictment for incest under Code section 726.2 31 committed on or with a person who is under the age of 18 may 32 be found at any time after commission of the offense. Under 33 current law, an information or indictment for incest shall be 34 found within 10 years after the person upon whom the offense 35 -3- LSB 1641XS (15) 87 jm/rj 3/ 6
S.F. 243 is committed attains 18 years of age. For other incest 1 offenses committed upon a person 18 years of age or older, 2 the information or indictment shall be found within 10 years 3 after the commission of the offense. If the person against 4 whom the information or indictment is sought is identified 5 only through the use of a DNA profile, the limitation shall be 6 tolled. However, an information or indictment shall be found 7 within three years from the date the person is identified by 8 the person’s DNA profile. 9 The amendment to Code section 802.2A also provides that 10 an information or indictment for sexual exploitation by a 11 counselor, therapist, or school employee under Code section 12 709.15 committed on or with a person who is under the age of 13 18 may be found at any time after commission of the offense. 14 Under current law, an information or indictment for sexual 15 exploitation by a counselor, therapist, or school employee 16 shall be found within 10 years after the person upon whom the 17 offense is committed attains 18 years of age. For other sexual 18 exploitation by a counselor, therapist, or school employee 19 offenses committed upon a person 18 years of age or older, the 20 information or indictment shall be found within 10 years of the 21 date the person was last treated by the counselor or therapist, 22 or within 10 years of the date the person was enrolled in or 23 attended the school. 24 The amendment to Code section 802.2B provides that an 25 information or indictment may be commenced at any time after 26 the commission of any of the following offenses if the offense 27 is committed on or with a person under the age of 18: sexual 28 abuse in the first degree in violation of Code section 709.2; 29 sexual abuse in the second degree in violation of Code section 30 709.3; sexual abuse in the third degree in violation of Code 31 section 709.4; lascivious acts with a child in violation of 32 Code section 709.8; assault with intent to commit sexual abuse 33 in violation of Code section 709.11; indecent contact with a 34 child in violation of Code section 709.12; lascivious conduct 35 -4- LSB 1641XS (15) 87 jm/rj 4/ 6
S.F. 243 with a minor in violation of Code section 709.14; sexual 1 exploitation by a counselor, therapist, or school employee in 2 violation of Code section 709.15; sexual misconduct with a 3 juvenile in violation of Code section 709.16, subsection 2; 4 kidnapping in the first degree in violation of Code section 5 710.2; kidnapping in the second degree in violation of Code 6 section 710.3; kidnapping in the third degree in violation of 7 Code section 710.4; human trafficking in violation of Code 8 section 710A.2; incest in violation of Code section 726.2; and 9 sexual exploitation of a minor in violation of Code section 10 728.12. Under current law for the preceding offenses, an 11 information or indictment committed on or with a person who 12 is under 18 years of age shall be found within 10 years after 13 the person upon whom the offense is committed attains 18 years 14 of age, or if the person against whom the information or 15 indictment is sought is identified through the use of a DNA 16 profile, an information or indictment shall be found within 17 three years from the date the person is identified by the 18 person’s DNA profile, whichever is later. 19 The amendment to Code section 802.2C provides that an 20 information or indictment for kidnapping in the first, second, 21 or third degree committed on or with a person who is under the 22 age of 18 years may be found at any time after commission of 23 the offense. Under current law for kidnapping offenses, the 24 information or indictment for an offense committed on or with 25 a person who is under the age of 18 years of age, shall be 26 found within 10 years after the person upon whom the offense 27 is committed attains 18 years of age, or if the person against 28 whom the information or indictment is sought is identified 29 through the use of a DNA profile, an information or indictment 30 shall be found within three years from the date the person is 31 identified by the person’s DNA profile, whichever is later. 32 The amendment to Code section 802.2D provides that an 33 information or indictment for human trafficking in violation of 34 Code section 710A.2, committed on or with a person who is under 35 -5- LSB 1641XS (15) 87 jm/rj 5/ 6
S.F. 243 the age of 18 years may be found at any time after commission of 1 the offense. Under current law for human trafficking offenses, 2 the information or indictment for an offense committed on or 3 with a person who is under the age of 18 years of age, shall be 4 found within 10 years after the person upon whom the offense 5 is committed attains 18 years of age, or if the person against 6 whom the information or indictment is sought is identified 7 through the use of a DNA profile, an information or indictment 8 shall be found within three years from the date the person is 9 identified by the person’s DNA profile, whichever is later. 10 The amendment to Code section 802.10 makes conforming 11 changes to comply with the changes in the bill. 12 -6- LSB 1641XS (15) 87 jm/rj 6/ 6