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 TLSB 5735XC (2) 87 jm/rj
S.F. _____ 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 -1- LSB 5735XC (2) 87 jm/rj 1/ 2
S.F. _____ 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 -2- LSB 5735XC (2) 87 jm/rj 2/ 2