HF 710 (LSB 1728HV (2) 89)

HOUSE FILE 710

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 112)

A BILL FOR

An Act relating to child endangerment committed by a sex offender, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 726.6, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person having control over a child or a minor who has been convicted of a sex offense against a minor, or who knowingly has unsupervised access to a child or a minor after the person is required to register as a sex offender for a sex offense against a minor under chapter 692A, commits child endangerment. However, this subsection does not apply to any of the following:
   a.  A person who is required to register as a sex offender under chapter 692A for a sex offense against a minor who knowingly has control of or unsupervised access to a child or a minor when the person is the legal parent or guardian of the child or minor and the control or unsupervised access is not otherwise illegal.
   b.  A person who is required to register as a sex offender under chapter 692A for a sex offense against a minor who knowingly has control of or unsupervised access to a child or a minor when the person is married to and living with the legal parent or guardian of the child or minor and the control or unsupervised access is not otherwise illegal.
    Sec. 2.  Section 726.6, subsection 3, unnumbered paragraph 1, Code 2021, is amended to read as follows:
   For the purposes of subsection subsections 1 and 1A, “person having control over a child or a minor” means any of the following:
    Sec. 3.  Section 726.6, subsection 6, Code 2021, is amended to read as follows:
   6.  A person who commits child endangerment resulting in bodily injury to a child or minor or child endangerment in violation of subsection 1, paragraph “g”, that does not result in a serious injury, or a person who commits child endangerment in violation of subsection 1A, is guilty of a class “D” felony.
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 child endangerment committed by a sex offender.
   The bill provides that a person having control over a child or a minor who has been convicted of a sex offense against a minor, or who knowingly has unsupervised access to a child or a minor after the person is required to register as a sex offender for a sex offense against a minor under Code chapter 692A, commits child endangerment. However, the bill does not apply to a person who is required to register as a sex offender for a sex offense against a minor who knowingly has control of or unsupervised access to a child or minor when the person is the legal parent or guardian of the child or minor and the control or unsupervised access is not otherwise illegal. The bill also does not apply to a person required to register as a sex offender for a sex offense against a minor who knowingly has control of or unsupervised access to a child or minor when the person is married to and living with the legal parent or guardian of the child or minor and the control or unsupervised access is not otherwise illegal. “Person having control over a child or a minor” means any of the following: a person who has accepted, undertaken, or assumed supervision of a child or such a minor from the parent or guardian of the child or minor; a person who has undertaken or assumed temporary supervision of a child or such a minor without explicit consent from the parent or guardian of the child or minor; or a person who operates a motor vehicle with a child or such a minor present in the vehicle.
   The bill provides that a person who commits child endangerment in violation of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.