House File 566 - Introduced HOUSE FILE 566 BY GOBBLE A BILL FOR An Act relating to statute of limitations time periods for 1 certain criminal offenses committed on or with minors. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2597YH (2) 89 as/rh
H.F. 566 Section 1. Section 802.2, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. An information or indictment for sexual abuse in the 3 first, second, or third degree committed on or with a person 4 who is under the age of eighteen years shall may be found 5 within fifteen years after the person upon whom the offense 6 is committed attains eighteen years of age, or if the person 7 against whom the information or indictment is sought is 8 identified through the use of a DNA profile, an information or 9 indictment shall be found within three years from the date the 10 person is identified by the person’s DNA profile, whichever is 11 later at any time after the commission of the offense . 12 Sec. 2. Section 802.2A, Code 2021, is amended to read as 13 follows: 14 802.2A Incest —— sexual exploitation by a counselor, 15 therapist, or school employee. 16 1. An information or indictment for incest under section 17 726.2 committed on or with a person who is under the age of 18 eighteen shall may be found within fifteen years after the 19 person upon whom the offense is committed attains eighteen 20 years of age. An information or indictment for any other 21 incest shall be found within ten years after its at any time 22 after the commission of the offense . 23 2. An indictment or information for sexual exploitation by 24 a counselor, therapist, or school employee under section 709.15 25 committed on or with a person who is under the age of eighteen 26 shall may be found within fifteen years after the person upon 27 whom the offense is committed attains eighteen years of age at 28 any time after the commission of the offense . An information 29 or indictment for any other sexual exploitation shall be found 30 within ten years of the date the victim was last treated by the 31 counselor or therapist, or within ten years of the date the 32 victim was enrolled in or attended the school. 33 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2021, 34 is amended to read as follows: 35 -1- LSB 2597YH (2) 89 as/rh 1/ 5
H.F. 566 An information or indictment for the following offenses 1 committed on or with a person who is under the age of eighteen 2 years shall may be found within ten years after the person upon 3 whom the offense is committed attains eighteen years of age, 4 or if the person against whom the information or indictment 5 is sought is identified through the use of a DNA profile, an 6 information or indictment shall be found within three years 7 from the date the person is identified by the person’s DNA 8 profile, whichever is later at any time after the commission 9 of the offense : 10 Sec. 4. Section 802.2C, Code 2021, is amended to read as 11 follows: 12 802.2C Kidnapping. 13 An information or indictment for kidnapping in the first, 14 second, or third degree committed on or with a person who is 15 under the age of eighteen years shall may be found within ten 16 years after the person upon whom the offense is committed 17 attains eighteen years of age, or if the person against whom 18 the information or indictment is sought is identified through 19 the use of a DNA profile, an information or indictment shall be 20 found within three years from the date the person is identified 21 by the person’s DNA profile, whichever is later commenced at 22 any time after the commission of the offense . 23 Sec. 5. Section 802.2D, Code 2021, is amended to read as 24 follows: 25 802.2D Human trafficking. 26 An information or indictment for human trafficking in 27 violation of section 710A.2 , committed on or with a person who 28 is under the age of eighteen years shall may be found within 29 ten years after the person upon whom the offense is committed 30 attains eighteen years of age, or if the person against whom 31 the information or indictment is sought is identified through 32 the use of a DNA profile, an information or indictment shall be 33 found within three years from the date the person is identified 34 by the person’s DNA profile, whichever is later at any time 35 -2- LSB 2597YH (2) 89 as/rh 2/ 5
H.F. 566 after the commission of the offense . 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to statute of limitations time periods for 5 certain criminal offenses committed on or with minors. 6 The amendment to Code section 802.2 provides that an 7 information or indictment for sexual abuse in the first, 8 second, or third degree committed on or with a person who 9 is under the age of 18 years may be found at any time after 10 commission of the offense. Under current law, an information 11 or indictment for a sexual abuse offense committed on or with 12 a person who is under 18 years of age shall be found within 13 15 years after the person upon whom the offense is committed 14 attains 18 years of age, or if the person against whom the 15 information or indictment is sought is identified through the 16 use of a DNA profile, an information or indictment shall be 17 found within three years from the date the person is identified 18 by the person’s DNA profile, whichever is later. 19 The amendment to Code section 802.2A provides that an 20 information or indictment for incest under Code section 726.2 21 committed on or with a person who is under the age of 18 may 22 be found at any time after commission of the offense. Under 23 current law, an information or indictment for incest shall be 24 found within 15 years after the person upon whom the offense 25 is committed attains 18 years of age. For other incest 26 offenses committed upon a person 18 years of age or older, the 27 information or indictment shall be found within 10 years after 28 the commission of the offense. 29 The amendment to Code section 802.2A also provides that 30 an information or indictment for sexual exploitation by a 31 counselor, therapist, or school employee under Code section 32 709.15 committed on or with a person who is under the age of 33 18 may be found at any time after commission of the offense. 34 Under current law, an information or indictment for sexual 35 -3- LSB 2597YH (2) 89 as/rh 3/ 5
H.F. 566 exploitation by a counselor, therapist, or school employee 1 shall be found within 15 years after the person upon whom the 2 offense is committed attains 18 years of age. For other sexual 3 exploitation by a counselor, therapist, or school employee 4 offenses committed upon a person 18 years of age or older, the 5 information or indictment shall be found within 10 years of the 6 date the person was last treated by the counselor or therapist, 7 or within 10 years of the date the person was enrolled in or 8 attended the school. 9 The amendment to Code section 802.2B provides that an 10 information or indictment may be commenced at any time after 11 the commission of any of the following offenses if the offense 12 is committed on or with a person under the age of 18: sexual 13 abuse in the first degree in violation of Code section 709.2; 14 sexual abuse in the second degree in violation of Code section 15 709.3; sexual abuse in the third degree in violation of Code 16 section 709.4; lascivious acts with a child in violation of 17 Code section 709.8; assault with intent to commit sexual abuse 18 in violation of Code section 709.11; indecent contact with a 19 child in violation of Code section 709.12; lascivious conduct 20 with a minor in violation of Code section 709.14; sexual 21 exploitation by a counselor, therapist, or school employee in 22 violation of Code section 709.15; sexual misconduct with a 23 juvenile in violation of Code section 709.16, subsection 2; 24 kidnapping in the first degree in violation of Code section 25 710.2; kidnapping in the second degree in violation of Code 26 section 710.3; kidnapping in the third degree in violation of 27 Code section 710.4; human trafficking in violation of Code 28 section 710A.2; incest in violation of Code section 726.2; and 29 sexual exploitation of a minor in violation of Code section 30 728.12. Under current law for the preceding offenses, an 31 information or indictment committed on or with a person who 32 is under 18 years of age shall be found within 10 years after 33 the person upon whom the offense is committed attains 18 years 34 of age, or if the person against whom the information or 35 -4- LSB 2597YH (2) 89 as/rh 4/ 5
H.F. 566 indictment is sought is identified through the use of a DNA 1 profile, an information or indictment shall be found within 2 three years from the date the person is identified by the 3 person’s DNA profile, whichever is later. 4 The amendment to Code section 802.2C provides that an 5 information or indictment for kidnapping in the first, second, 6 or third degree committed on or with a person who is under the 7 age of 18 years may be found at any time after commission of 8 the offense. Under current law for kidnapping offenses, the 9 information or indictment for an offense committed on or with 10 a person who is under the age of 18 years of age, shall be 11 found within 10 years after the person upon whom the offense 12 is committed attains 18 years of age, or if the person against 13 whom the information or indictment is sought is identified 14 through the use of a DNA profile, an information or indictment 15 shall be found within three years from the date the person is 16 identified by the person’s DNA profile, whichever is later. 17 The amendment to Code section 802.2D provides that an 18 information or indictment for human trafficking in violation of 19 Code section 710A.2, committed on or with a person who is under 20 the age of 18 years may be found at any time after commission of 21 the offense. Under current law for human trafficking offenses, 22 the information or indictment for an offense committed on or 23 with a person who is under the age of 18 years of age, shall be 24 found within 10 years after the person upon whom the offense 25 is committed attains 18 years of age, or if the person against 26 whom the information or indictment is sought is identified 27 through the use of a DNA profile, an information or indictment 28 shall be found within three years from the date the person is 29 identified by the person’s DNA profile, whichever is later. 30 -5- LSB 2597YH (2) 89 as/rh 5/ 5