House File 710 - Introduced HOUSE FILE 710 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 112) A BILL FOR An Act relating to child endangerment committed by a sex 1 offender, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1728HV (2) 89 as/rh

H.F. 710 Section 1. Section 726.6, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. A person having control over a child 3 or a minor who has been convicted of a sex offense against 4 a minor, or who knowingly has unsupervised access to a child 5 or a minor after the person is required to register as a sex 6 offender for a sex offense against a minor under chapter 692A, 7 commits child endangerment. However, this subsection does not 8 apply to any of the following: 9 a. A person who is required to register as a sex offender 10 under chapter 692A for a sex offense against a minor who 11 knowingly has control of or unsupervised access to a child or 12 a minor when the person is the legal parent or guardian of the 13 child or minor and the control or unsupervised access is not 14 otherwise illegal. 15 b. A person who is required to register as a sex offender 16 under chapter 692A for a sex offense against a minor who 17 knowingly has control of or unsupervised access to a child or a 18 minor when the person is married to and living with the legal 19 parent or guardian of the child or minor and the control or 20 unsupervised access is not otherwise illegal. 21 Sec. 2. Section 726.6, subsection 3, unnumbered paragraph 22 1, Code 2021, is amended to read as follows: 23 For the purposes of subsection subsections 1 and 1A , 24 “person having control over a child or a minor” means any of the 25 following: 26 Sec. 3. Section 726.6, subsection 6, Code 2021, is amended 27 to read as follows: 28 6. A person who commits child endangerment resulting in 29 bodily injury to a child or minor or child endangerment in 30 violation of subsection 1 , paragraph “g” , that does not result 31 in a serious injury, or a person who commits child endangerment 32 in violation of subsection 1A, is guilty of a class “D” felony. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1728HV (2) 89 as/rh 1/ 2

H.F. 710 the explanation’s substance by the members of the general assembly. 1 This bill relates to child endangerment committed by a sex 2 offender. 3 The bill provides that a person having control over a child 4 or a minor who has been convicted of a sex offense against 5 a minor, or who knowingly has unsupervised access to a child 6 or a minor after the person is required to register as a sex 7 offender for a sex offense against a minor under Code chapter 8 692A, commits child endangerment. However, the bill does not 9 apply to a person who is required to register as a sex offender 10 for a sex offense against a minor who knowingly has control 11 of or unsupervised access to a child or minor when the person 12 is the legal parent or guardian of the child or minor and the 13 control or unsupervised access is not otherwise illegal. The 14 bill also does not apply to a person required to register as a 15 sex offender for a sex offense against a minor who knowingly 16 has control of or unsupervised access to a child or minor when 17 the person is married to and living with the legal parent or 18 guardian of the child or minor and the control or unsupervised 19 access is not otherwise illegal. “Person having control over a 20 child or a minor” means any of the following: a person who has 21 accepted, undertaken, or assumed supervision of a child or such 22 a minor from the parent or guardian of the child or minor; a 23 person who has undertaken or assumed temporary supervision of a 24 child or such a minor without explicit consent from the parent 25 or guardian of the child or minor; or a person who operates 26 a motor vehicle with a child or such a minor present in the 27 vehicle. 28 The bill provides that a person who commits child 29 endangerment in violation of the bill is guilty of a class “D” 30 felony. A class “D” felony is punishable by confinement for no 31 more than five years and a fine of at least $1,025 but not more 32 than $10,245. 33 -2- LSB 1728HV (2) 89 as/rh 2/ 2