Senate Study Bill 3102 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the criminal offense of child endangerment 1 by prohibiting a parent or guardian from allowing the parent 2 or guardian’s spouse custody or control of, or unsupervised 3 access to, a child or certain minors if the spouse is a 4 registered sex offender, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6131XC (2) 87 jm/jh
S.F. _____ Section 1. Section 726.6, subsection 1, paragraph h, Code 1 2018, 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 criminal offense of child 14 endangerment by prohibiting a parent or guardian from allowing 15 the parent or guardian’s spouse custody or control of, or 16 unsupervised access to, a child or certain minors if the spouse 17 is a registered sex offender, and provides penalties. 18 A person commits child endangerment under the bill if a 19 parent or guardian knowingly allows the spouse of the person 20 custody or control of, or unsupervised access to, a child or a 21 minor with a mental or physical disability, after knowing the 22 spouse is required to register as a sex offender under Code 23 chapter 692A. Currently, a parent or guardian who knowingly 24 allows a person custody or control of, or unsupervised access 25 to, a child or a minor with a mental or physical disability, 26 after knowing the person is required to register as a sex 27 offender under Code chapter 692A, does not commit child 28 endangerment if the persons are married and residing together. 29 The penalties for the commission of child endangerment 30 in violation of Code section 726.6 range from an aggravated 31 misdemeanor to a class “B” felony depending upon the 32 circumstances of the case. 33 A person who violates the bill also commits child abuse 34 pursuant to Code section 232.68(2)(a)(9). 35 -1- LSB 6131XC (2) 87 jm/jh 1/ 1