S.F. 324 Section 1. Section 802.2, Code 2017, is amended by striking 1 the section and inserting in lieu thereof the following: 2 802.2 Sex offenses, kidnapping, and human trafficking —— no 3 limitation of criminal action. 4 An information or indictment for the following offenses may 5 be commenced at any time after the commission of the offense: 6 1. Sexual abuse in the first degree in violation of section 7 709.2. 8 2. Sexual abuse in the second degree in violation of section 9 709.3. 10 3. Sexual abuse in the third degree in violation of section 11 709.4. 12 4. Lascivious acts with a child in violation of section 13 709.8. 14 5. Assault with intent to commit sexual abuse in violation 15 of section 709.11. 16 6. Indecent contact with a child in violation of section 17 709.12. 18 7. Lascivious conduct with a minor in violation of section 19 709.14. 20 8. Sexual exploitation by a counselor, therapist, or school 21 employee in violation of section 709.15. 22 9. Sexual misconduct with a juvenile in violation of section 23 709.16, subsection 2. 24 10. Kidnapping in the first degree in violation of section 25 710.2. 26 11. Kidnapping in the second degree in violation of section 27 710.3. 28 12. Kidnapping in the third degree in violation of section 29 710.4. 30 13. Human trafficking in violation of section 710A.2. 31 14. Incest in violation of section 726.2. 32 15. Sexual exploitation of a minor in violation of section 33 728.12. 34 Sec. 2. Section 802.2A, Code 2017, is amended by striking 35 -1- LSB 2156SS (3) 87 jm/rj 1/ 5

S.F. 324 the section and inserting in lieu thereof the following: 1 802.2B Child endangerment. 2 An information or indictment for child endangerment in 3 violation of section 726.6, subsection 4, 5, or 6, committed 4 on or with a person who is under the age of eighteen years 5 shall be found within ten years after the person upon whom the 6 offense is committed attains eighteen years of age, or if the 7 person 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. 12 Sec. 3. Section 802.3, Code 2017, is amended to read as 13 follows: 14 802.3 Felony —— aggravated or serious misdemeanor. 15 In all cases, except those enumerated in section 802.1 , 16 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , or 802.10 , an 17 indictment or information for a felony or aggravated or 18 serious misdemeanor shall be found within three years after its 19 commission. 20 Sec. 4. Section 802.10, subsection 1, paragraph b, Code 21 2017, is amended to read as follows: 22 b. “Identified” means the same as defined in section 802.2 a 23 person’s legal name is known and the person has been determined 24 to be the source of the DNA . 25 Sec. 5. Section 802.10, subsection 3, Code 2017, is amended 26 to read as follows: 27 3. However, notwithstanding Notwithstanding subsection 2 , 28 an indictment or information shall be found against a person 29 within three years from the date the person is identified by 30 the person’s DNA profile . If the action involves sexual abuse, 31 another sexual offense, kidnapping, or human trafficking, 32 the indictment or information shall be found as provided in 33 section 802.2 , 802.2B , 802.2C , or 802.2D , if the person is 34 identified by the person’s DNA profile , unless the information 35 -2- LSB 2156SS (3) 87 jm/rj 2/ 5

S.F. 324 or indictment is able to be commenced at any time . 1 Sec. 6. REPEAL. Sections 802.2A, 802.2C, and 802.2D, Code 2 2017, are repealed. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to extending the limitations of criminal 7 actions (statute of limitations) for sexual offenses, 8 kidnapping, and human trafficking. 9 The amendment to Code section 802.2 provides that an 10 information or indictment may be commenced at any time after 11 the commission of the following offenses: sexual abuse in 12 the first degree in violation of Code section 709.2; sexual 13 abuse in the second degree in violation of Code section 709.3; 14 sexual abuse in the third degree in violation of Code section 15 709.4; lascivious acts with a child in violation of Code 16 section 709.8; assault with intent to commit sexual abuse in 17 violation of Code section 709.11; indecent contact with a child 18 in violation of Code section 709.12; lascivious conduct with a 19 minor in violation of Code section 709.14; sexual exploitation 20 by a counselor, therapist, or school employee in violation 21 of Code section 709.15; sexual misconduct with a juvenile in 22 violation of Code section 709.16, subsection 2; kidnapping 23 in the first degree in violation of Code section 710.2; 24 kidnapping in the second degree in violation of Code section 25 710.3; kidnapping in the third degree in violation of Code 26 section 710.4; human trafficking in violation of Code section 27 710A.2; incest in violation of Code section 726.2; and sexual 28 exploitation of a minor in violation of Code section 728.12. 29 Under current law, an information or indictment for a sexual 30 abuse offense committed on or with a person who is under 18 31 years of age shall be found within 10 years after the person 32 upon whom the offense is committed attains 18 years of age, 33 or if the person against whom the information or indictment 34 is sought is identified through the use of a DNA profile, an 35 -3- LSB 2156SS (3) 87 jm/rj 3/ 5

S.F. 324 information or indictment shall be found within three years 1 from the date the person is identified by the person’s DNA 2 profile, whichever is later. 3 For other sexual abuse offenses committed upon a person 18 4 years of age or older, the information or indictment shall be 5 found within 10 years after the commission of the offense, 6 or if the person against whom the information or indictment 7 is sought is identified through the use of a DNA profile, an 8 information or indictment shall be found within three years 9 from the date the person is identified by the person’s DNA 10 profile, whichever is later. 11 Under current law, an information or indictment for incest 12 shall be found within 10 years after the person upon whom the 13 offense is committed attains 18 years of age. For other incest 14 offenses committed upon a person 18 years of age or older, the 15 information or indictment shall be found within 10 years after 16 the commission of the offense. If the person against whom the 17 information or indictment is sought is identified through the 18 use of a DNA profile, the limitation shall be tolled. However, 19 an information or indictment shall be found within three years 20 from the date the person is identified by the person’s DNA 21 profile. 22 Under current law, an information or indictment for sexual 23 exploitation by a counselor, therapist, or school employee 24 shall be found within 10 years after the person upon whom the 25 offense is committed attains 18 years of age. For other sexual 26 exploitation by a counselor, therapist, or school employee 27 offenses committed upon a person 18 years of age or older, the 28 information or indictment shall be found within 10 years of the 29 date the person was last treated by the counselor or therapist, 30 or within 10 years of the date the person was enrolled in or 31 attended the school. 32 If the person against whom the information or indictment 33 is sought is identified through the use of a DNA profile, 34 under current law the limitation shall be tolled. However, an 35 -4- LSB 2156SS (3) 87 jm/rj 4/ 5

S.F. 324 information or indictment shall be found within three years 1 from the date the person is identified by the person’s DNA 2 profile, unless the information or indictment is able to be 3 commenced at any time under current law or the bill. 4 Under current law for kidnapping and human trafficking 5 offenses, the information or indictment for an offense 6 committed on or with a person who is under the age of 18 years 7 of age, shall be found within 10 years after the person upon 8 whom the offense is committed attains 18 years of age, or if 9 the person against whom the information or indictment is sought 10 is identified through the use of a DNA profile, an information 11 or indictment shall be found within three years from the date 12 the person is identified by the person’s DNA profile, whichever 13 is later. 14 The bill repeals Code sections 802.2A, 802.2C, and 802.2D, 15 relating to sexual offenses, kidnapping, and human trafficking 16 due to the consolidation of provisions relating to these 17 offenses in Code section 802.2, which is amended by the bill. 18 -5- LSB 2156SS (3) 87 jm/rj 5/ 5