House Study Bill 112 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 1728YC (4) 89 as/rh

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

H.F. _____ sex offender who is married to and living with a person who 1 has a child or who is the guardian of a child or a minor. 2 “Person having control over a child or a minor” means any 3 of the following: a person who has accepted, undertaken, or 4 assumed supervision of a child or such a minor from the parent 5 or guardian of the child or minor; a person who has undertaken 6 or assumed temporary supervision of a child or such a minor 7 without explicit consent from the parent or guardian of the 8 child or minor; or a person who operates a motor vehicle with a 9 child or such a minor present in the vehicle. 10 The bill provides that a person who commits child 11 endangerment in violation of the bill is guilty of a class “D” 12 felony. A class “D” felony is punishable by confinement for no 13 more than five years and a fine of at least $1,025 but not more 14 than $10,245. 15 -2- LSB 1728YC (4) 89 as/rh 2/ 2