HF 2289 (LSB 6808HH (1) 91)

HOUSE FILE 2289

BY  THOMSON

A BILL FOR

An Act establishing the criminal offense of torture, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  726.6B  Torture —— penalty.
   1.  As used in this section:
   a.  “Cruel” means brutal, inhumane, sadistic, or tormenting.
   b.  “Custody or physical control” means the forcible restriction of a person’s movements or forcible confinement of the person so as to interfere with that person’s liberty, without that person’s consent or without lawful authority.
   c.  “Serious bodily injury” means either of the following:
   (1)  Bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
   (2)  One or more of the following conditions: internal injury, poisoning, serious burns or scalding, severe cuts, or multiple puncture wounds.
   d.  “Severe mental pain or suffering” means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from any of the following:
   (1)  The intentional infliction or threatened infliction of serious bodily injury.
   (2)  The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality.
   (3)  The threat of imminent death.
   (4)  The threat that another person will imminently be subjected to death, serious bodily injury, or the administration or application of mind-altering substances or other procedures calculated to disrupt the senses or personality.
   2.  A person who, with the intent to cause cruel or extreme physical or mental pain and suffering, inflicts serious bodily injury or severe mental pain or suffering upon another person within the person’s custody or physical control commits torture and is guilty of a class “B” felony. Notwithstanding section 902.9, subsection 1, paragraph “b”, a person convicted of a violation of this section shall be confined for no more than fifty years.
   3.  Proof that a victim suffered pain is not an element of the crime under this section.
   4.  A conviction or sentence under this section does not preclude a conviction or sentence for a violation of any other law of this state arising from the same transaction.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the criminal offense of torture.
   The bill provides that a person who, with the intent to cause cruel or extreme physical or mental pain and suffering, inflicts serious bodily injury or severe mental pain or suffering upon another person within the person’s custody or physical control commits torture and is guilty of a class “B” felony. Notwithstanding Code section 902.9, subsection 1, paragraph “b”, a person convicted of a violation of the bill shall be confined for no more than 50 years.
   The bill provides definitions of “cruel”, “custody or physical control”, “serious bodily injury”, and “severe mental pain or suffering”.