Senate File 171 - Introduced SENATE FILE 171 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 44) A BILL FOR An Act relating to sexual misconduct by a peace officer with 1 offenders and juveniles in the peace officer’s custody and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1039SV (1) 89 as/rh
S.F. 171 Section 1. Section 709.16, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. a. Any peace officer who engages in a 3 sex act with an individual, including a juvenile, in the peace 4 officer’s custody commits a class “D” felony. 5 b. For purposes of this subsection: 6 (1) “Custody” means the detention of a person by lawful 7 authority or process. 8 (2) “Peace officer” means a peace officer defined in section 9 801.4, subsection 11, paragraph “a” , “b” , “c” , “f” , “g” , “h” , 10 “i” , or “j” . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to sexual misconduct by a peace officer 15 with offenders and juveniles in the peace officer’s custody, 16 and provides penalties. 17 The bill provides that any peace officer who engages in a 18 sex act with an individual, including a juvenile, in the peace 19 officer’s custody commits a class “D” felony. 20 The bill defines “custody” as the detention of a person by 21 lawful authority or process. 22 The bill defines “peace officer” to include sheriffs 23 and their regular deputies who are subject to mandated 24 law enforcement training, marshals and police officers of 25 cities, peace officer members of the department of public 26 safety, special security officers employed by board of 27 regents institutions, conservation officers, employees 28 of the department of transportation who are designated as 29 peace officers by resolution of the department, employees of 30 an aviation authority designated as peace officers by the 31 authority, and other persons so designated by law. 32 A class “D” felony is punishable by confinement for no more 33 than five years and a fine of at least $1,025 but not more than 34 $10,245. 35 -1- LSB 1039SV (1) 89 as/rh 1/ 2
S.F. 171 A person who violates the bill is also subject to a special 1 sentence under Code section 903B.2. A special sentence is a 2 punishment in addition to the punishment for the underlying 3 criminal offense by committing the person into the custody of 4 the director of the Iowa department of corrections for a period 5 of 10 years. A person serving a special sentence begins the 6 sentence as if on parole or work release but the sentence is 7 subject to a revocation of release for up to two years for a 8 first revocation and five years for any second or subsequent 9 revocation. 10 A person who violates the bill is classified as a tier II sex 11 offender under Code section 692A.102(1)(b)(12) if the victim 12 is 13 years of age or older or as a tier III sex offender under 13 Code section 692A.102(1)(c)(29) if the victim is under 13 years 14 of age, and is required to register as a sex offender under 15 Code section 692A.103. 16 -2- LSB 1039SV (1) 89 as/rh 2/ 2