Senate
Study
Bill
3045
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
penalties
for
the
commission
of
sexual
1
misconduct
with
juveniles,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
709.16,
subsection
2,
Code
2018,
is
1
amended
to
read
as
follows:
2
2.
a.
Any
peace
officer,
or
an
officer,
employee,
3
contractor,
vendor,
volunteer,
or
agent
of
a
juvenile
placement
4
facility
who
engages
in
a
sex
act
with
a
juvenile
placed
at
5
such
facility
commits
an
aggravated
misdemeanor
a
class
“D”
6
felony
.
7
b.
For
purposes
of
this
subsection
,
a
“juvenile
placement
8
facility”
means
any
of
the
following:
9
(1)
A
child
foster
care
facility
licensed
under
section
10
237.4
.
11
(2)
Institutions
controlled
by
the
department
of
human
12
services
listed
in
section
218.1
.
13
(3)
Juvenile
detention
and
juvenile
shelter
care
homes
14
approved
under
section
232.142
.
15
(4)
Psychiatric
medical
institutions
for
children
licensed
16
under
chapter
135H
.
17
(5)
Facilities
for
the
treatment
of
persons
with
18
substance-related
disorders
as
defined
in
section
125.2
.
19
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
20
2019.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
penalties
for
the
commission
of
25
sexual
misconduct
with
juveniles.
26
The
bill
raises
the
criminal
penalty
from
an
aggravated
27
misdemeanor
to
a
class
“D”
felony
for
a
peace
officer,
officer,
28
employee,
contractor,
vendor,
volunteer,
or
agent
of
a
juvenile
29
placement
facility
who
engages
in
a
sex
act
with
a
juvenile
30
placed
at
such
a
facility.
31
An
aggravated
misdemeanor
is
punishable
by
confinement
for
32
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
33
than
$6,250.
A
class
“D”
felony
is
punishable
by
confinement
34
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
35
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_____
more
than
$7,500.
1
A
person
who
violates
the
bill
is
also
subject
to
a
special
2
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
3
punishment
in
addition
to
the
punishment
for
the
underlying
4
criminal
offense
by
committing
the
person
into
the
custody
of
5
the
director
of
the
Iowa
department
of
corrections
for
a
period
6
of
10
years.
A
person
serving
a
special
sentence
begins
the
7
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
8
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
9
first
revocation
and
five
years
for
any
second
or
subsequent
10
revocation.
11
The
bill
takes
effect
January
1,
2019.
12
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