SF 104 (LSB 1031XS (1) 91)

SENATE FILE 104

BY  LOFGREN

A BILL FOR

An Act relating to surgical castration for certain sex offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  903B.11  Surgical castration —— certain sex offenses.
   1.  Notwithstanding any other provision of law to the contrary and in addition to any other punishment provided by law, a person who has been convicted of a serious sex offense, as defined in section 903B.10, subsection 3, occurring on or after the effective date of this section, in which the victim was under the age of twelve at the time of the offense, may be ordered by the court to undergo surgical castration as part of any conditions of release imposed by the court or the board of parole. This section shall not apply if the person voluntarily undergoes a permanent surgical alternative approved by the court or the board of parole.
   2.  If a person is placed on probation and is not in confinement at the time of sentencing, the presentence investigation shall include a plan for surgical castration to be performed as soon as is reasonably possible after the person is sentenced. If the person is in confinement prior to release on probation or parole, surgical castration shall be performed not later than one week prior to the defendant’s release from confinement. Conviction of a serious sex offense shall constitute exceptional circumstances warranting a presentence investigation under section 901.2.
   3.  An order of the court requiring a person to undergo surgical castration shall be contingent upon a determination by a court-appointed medical expert that the person is an appropriate candidate for the procedure and that the procedure is medically appropriate. This determination shall be made not later than sixty days from the imposition of sentence.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 surgical castration for certain sex offenses.
   The bill provides that in addition to any other punishment provided by law, a person who has been convicted of a serious sex offense occurring on or after the effective date of the bill, in which the victim was under the age of 12 at the time of the offense, may be ordered by the court to undergo surgical castration as part of any conditions of release imposed by the court or the board of parole. If a person is placed on probation and is not in confinement at the time of sentencing, the presentence investigation shall include a plan for surgical castration to be performed as soon as is reasonably possible. If the person is in confinement prior to release on probation or parole, surgical castration shall be performed not later than one week prior to the defendant’s release from confinement. An order of the court requiring a person to undergo surgical castration shall be contingent upon a determination by a court-appointed medical expert that the defendant is an appropriate candidate for the procedure and that the procedure is medically appropriate.
   The bill refers to the definition of “serious sex offense” in Code section 903B.10(3) which provides that a “serious sex offense” means any of the following offenses in which the victim was a child who was, at the time the offense was committed, 12 years of age or younger: sexual abuse in the first degree, in violation of Code section 709.2; sexual abuse in the second degree, in violation of Code section 709.3; sexual abuse in the third degree, in violation of Code section 709.4; lascivious acts with a child, in violation of Code section 709.8; assault with intent, in violation of Code section 709.11; indecent contact with a minor, in violation of Code section 709.12; lascivious conduct with a minor, in violation of Code section 709.14; sexual exploitation, in violation of Code section 709.15; sexual exploitation of a minor, in violation of Code section 728.12(1) and (2); and continuous sexual abuse of a child, in violation of Code section 709.23.