Senate File 545 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1052)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to a sex act committed with a person assigned to
  2    the judicial district department of correctional services or a
  3      person under the dominion and control of a peace officer,
  4    eliminating certain reporting requirements, and providing
  5    penalties.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 SF 545
  8 jm/cc/26

PAG LIN



  1  1    Section 1.  Section 709.16, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  An officer, employee, contractor, vendor, volunteer, or
  1  4 agent of the department of corrections, or an officer,
  1  5 employee, or agent of a judicial district department of
  1  6 correctional services, who engages in a sex act with an
  1  7 individual committed to the custody of the department of
  1  8 corrections or assigned to a judicial district department of
  1  9 correctional services commits an aggravated misdemeanor.
  1 10    Sec. 2.  Section 709.16, Code 2007, is amended by adding
  1 11 the following new subsection:
  1 12    NEW SUBSECTION.  1A.  A contractor, vendor, or volunteer of
  1 13 a judicial district department of correctional services, who
  1 14 engages in a sex act with an individual assigned to the
  1 15 judicial district department of correctional services and who
  1 16 is under the dominion and control of the contractor, vendor,
  1 17 or volunteer, commits an aggravated misdemeanor.
  1 18    Sec. 3.  Section 709.16, Code 2007, is amended by adding
  1 19 the following new subsection:
  1 20    NEW SUBSECTION.  4.  A peace officer who engages in a sex
  1 21 act with an inmate, prisoner, arrestee, detainee, or a person
  1 22 under the dominion and control of the peace officer, while
  1 23 acting within the scope of the duties of the peace officer,
  1 24 commits an aggravated misdemeanor.
  1 25    Sec. 4.  Section 904.501, Code 2007, is repealed.
  1 26 SF 545
  1 27 jm:rj/cc/26