HSB 529 (LSB 5450XD (2) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF CORRECTIONS BILL)

A BILL FOR

An Act relating to sexual misconduct with offenders and juveniles, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.16, subsections 1 and 3, Code 2026, are amended to read as follows:
   1.  Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of the department of corrections, or an officer, employee, or agent of a judicial district department of correctional services, who engages in a sex act with an individual committed to the custody of the department of corrections or a judicial district department of correctional services commits an aggravated misdemeanor a class “D” felony.
   3.  Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of a county who engages in a sex act with a prisoner incarcerated in a county jail commits an aggravated misdemeanor a class “D” felony.
    Sec. 2.  Section 709.16, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such facility commits an aggravated misdemeanor a class “D” felony.
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 sexual misconduct with offenders and juveniles.
   The bill increases the penalty from an aggravated misdemeanor to a class “D” felony for any peace officer, or an officer, employee, contractor, vendor, volunteer, or an agent of the department of corrections or a judicial district department of correctional services or an agent of a county, or an agent of a juvenile placement facility or county jail, who engages in a sex act with a person committed to the custody of the department of corrections or a judicial district department of correctional services, with a juvenile placed at a juvenile placement facility, or with a prisoner incarcerated in a county jail. 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.