Senate Study Bill 1089 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the commission of child endangerment by 1 allowing a sex offender access to a child or minor, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1645XC (4) 87 jm/nh
S.F. _____ Section 1. Section 726.6, subsection 1, paragraph h, Code 1 2017, is amended to read as follows: 2 h. Knowingly allows a person custody or control of, or 3 unsupervised access to a child or a minor after knowing the 4 person is required to register or is on the sex offender 5 registry as a sex offender under chapter 692A . However, 6 this paragraph does not apply to a person who is a parent or 7 guardian of a child or a minor, and who is required to register 8 as a sex offender , or to a person who is married to and living 9 with a person required to register as a sex offender . 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the commission of child endangerment by 14 allowing a sex offender access to a child or minor. 15 Under current law, a person who is the parent, guardian, 16 or a person having custody or control over a child or a minor 17 under the age of 18 with a mental or physical disability, or 18 a person who is a member of the household in which a child 19 or such a minor resides, commits child endangerment when the 20 person knowingly allows a sex offender custody or control of, 21 or unsupervised access to, a child or a minor after knowing the 22 sex offender is required to register or is on the sex offender 23 registry. However, there is an exception providing that the 24 person does not commit child endangerment if the sex offender 25 allowed such custody, control, or access is married to and 26 living with the person. This bill eliminates that exception. 27 The bill also specifies that the above-mentioned 28 circumstance does not apply to a person who is a parent or 29 guardian of a child or minor, and who is required to register 30 as a sex offender. 31 The criminal penalties for a person who commits child 32 endangerment range from an aggravated misdemeanor to a class 33 “B” felony punishable by no more than 50 years of confinement. 34 -1- LSB 1645XC (4) 87 jm/nh 1/ 1