HF 440 (LSB 1807YH (2) 90)

HOUSE FILE 440

BY  BAGNIEWSKI

(COMPANION TO SF 222 BY BISIGNANO)

A BILL FOR

An Act relating to the crime of the unauthorized placement of a global positioning device, including the unauthorized placement of a global positioning device committed against a person under eighteen years of age, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.11A, Code 2023, is amended to read as follows:
   708.11A  Unauthorized placement of global positioning device.
   1.  A person commits unauthorized placement of a global positioning device when the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.
   2.  A Except as provided in subsection 3, a person who commits a violation of this section commits a serious misdemeanor for a first offense, and an aggravated misdemeanor for a second or subsequent offense.
   3.  A person who commits a violation of this section when the other person is under eighteen years of age commits an aggravated misdemeanor for a first offense, and a class “D” felony for a second or subsequent offense. This subsection shall not apply if the person is a parent or guardian of the other person.
   4.  Each individual act constituting a violation of this section shall be considered a separate and distinct offense.
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 the crime of the unauthorized placement of a global positioning device including the unauthorized placement of a global positioning device committed against a person under 18 years of age.
   Current law provides that a person who commits a violation of the unauthorized placement of a global positioning device commits a serious misdemeanor. The bill provides that a second or subsequent offense is an aggravated misdemeanor. The bill provides that a person who commits the unauthorized placement of a global positioning device when the other person is under 18 years of age commits an aggravated misdemeanor for a first offense, and a class “D” felony for a second or subsequent offense. This provision shall not apply when the person is a parent or guardian of the other person. 
   The bill provides that each individual act constituting a violation of the unauthorized placement of a global positioning device shall be considered a separate and distinct offense.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. 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.