SSB 1068 (LSB 1337XD (5) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL)

A BILL FOR

An Act relating to child abuse involving access to a child by a person who is required to register as a sex offender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.68, subsection 2, paragraph a, subparagraph (9), Code 2017, is amended to read as follows:
   (9)  Knowingly A person who is responsible for the care of a child knowingly allowing a person an individual custody or control of, or unsupervised access to, a child or minor child under the age of fourteen or a child with a physical or mental disability, after knowing the person individual is required to register or is on the sex offender registry under chapter 692A for a violation of section 726.6.  This subparagraph does not apply in any of the following circumstances:
   (a)  A child is living with a parent or guardian who is a sex offender required to register on the sex offender registry.
   (b)  A child is living with a parent or guardian who is married to and living with a sex offender required to register on the sex offender registry. 
   (c)  When the sex offender with custody, control, or unsupervised access is also a child who lives with the child to whom access was allowed. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends the definition of “child abuse” in Code chapter 232, relating to juvenile justice.
   Under current law, “child abuse” is defined to include knowingly allowing a person who is required to register or is registered on the sex offender registry for a violation of Code section 726.6 (child endangerment) custody or control of, or unsupervised access to, the child. Code chapter 232 defines a “child” as any person under the age of 18.
   The bill changes current law to provide that child abuse includes a person who is responsible for the care of a child knowingly allowing an individual custody or control of, or unsupervised access to, a child under the age of 14 or a child with a physical or mental disability, after knowing the individual is required to register or is on the sex offender registry. The bill provides exceptions for when a child is living with a parent or guardian who is a sex offender, a child is living with a parent or guardian who is married to and living with a sex offender, and when the sex offender with custody, control, or unsupervised access is also a child who lives with the child to whom access was allowed.