SSB 3045 (LSB 5735XC (2) 87)

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 misconduct with juveniles, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.16, subsection 2, Code 2018, is amended to read as follows:
   2.  a.   Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such facility commits an aggravated misdemeanor a class “D” felony.
   b.  For purposes of this subsection, a “juvenile placement facility” means any of the following:
   (1)  A child foster care facility licensed under section 237.4.
   (2)  Institutions controlled by the department of human services listed in section 218.1.
   (3)  Juvenile detention and juvenile shelter care homes approved under section 232.142.
   (4)  Psychiatric medical institutions for children licensed under chapter 135H.
   (5)  Facilities for the treatment of persons with substance-related disorders as defined in section 125.2.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2019.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the penalties for the commission of sexual misconduct with juveniles.
   The bill raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for a peace officer, officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such a facility.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   A person who violates the bill is also subject to a special sentence under Code section 903B.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense by committing the person into the custody of the director of the Iowa department of corrections for a period of 10 years. A person serving a special sentence begins the sentence as if on parole or work release but the sentence is subject to a revocation of release for up to two years for a first revocation and five years for any second or subsequent revocation.
   The bill takes effect January 1, 2019.