Senate File 200 - Introduced SENATE FILE 200 BY SWEENEY A BILL FOR An Act relating to conforming statute of limitations provisions 1 related to the fraud in assisted reproduction Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1613XS (3) 90 pf/rh
S.F. 200 Section 1. Section 802.3, Code 2023, is amended to read as 1 follows: 2 802.3 Felony —— aggravated or serious misdemeanor. 3 In all cases, except those enumerated in section 802.1 , 4 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E, or 802.10 , 5 an indictment or information for a felony or aggravated or 6 serious misdemeanor shall be found within three years after its 7 commission. 8 Sec. 2. Section 802.10, subsection 3, Code 2023, is amended 9 to read as follows: 10 3. However, notwithstanding subsection 2 , an indictment 11 or information shall be found against a person within three 12 years from the date the person is identified by the person’s 13 DNA profile. If the action involves sexual abuse, another 14 sexual offense, kidnapping, or human trafficking, or fraud in 15 assisted reproduction, the indictment or information shall be 16 found as provided in section 802.2 , 802.2B , 802.2C , or 802.2D , 17 or 802.2E, if the person is identified by the person’s DNA 18 profile. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill makes conforming changes to reflect in other Code 23 sections, the statute of limitations provisions under Code 24 chapter 714I (fraud in assisted reproduction Act). 25 The bill amends Code section 802.3 (felony —— aggravated 26 or serious misdemeanor) to include in the exceptions to the 27 requirement that an indictment or information for a felony or 28 aggravated or serious misdemeanor shall be found within three 29 years after its commission, an information or indictment for 30 sexual abuse in the fourth degree under Code section 802.2E, 31 which is a crime established under Code chapter 714I which may 32 instead be commenced at any time after the commission of the 33 offense. 34 The bill amends Code section 802.10 (DNA profile of 35 -1- LSB 1613XS (3) 90 pf/rh 1/ 2
S.F. 200 accused), to include sexual abuse in the fourth degree in the 1 exceptions to the requirement that an indictment or information 2 shall be found against a person within three years from the 3 date the person is identified by the person’s DNA profile. The 4 bill instead provides that the indictment or information shall 5 be found as provided in Code section 802.2E at any time after 6 the commission of the offense, if the person is identified by 7 the person’s DNA profile. 8 -2- LSB 1613XS (3) 90 pf/rh 2/ 2