Senate File 2375 - Reprinted SENATE FILE 2375 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2199) (As Amended and Passed by the Senate February 27, 2018 ) A BILL FOR An Act modifying the periods of time to bring criminal actions 1 for sexual offenses against a minor, providing penalties, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2375 (2) 87 jm/rh/jh
S.F. 2375 Section 1. Section 802.2, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. An information or indictment for sexual abuse in the 3 first, second, or third degree committed on or with a person 4 who is under the age of eighteen years shall be found within 5 ten years after the person upon whom the offense is committed 6 attains eighteen years of age, or if the person against whom 7 the information or indictment is sought is identified through 8 the use of a DNA profile, an information or indictment shall 9 be found within three years from the date the person is 10 identified by the person’s DNA profile, whichever is later may 11 be commenced at any time after the commission of the offense . 12 Sec. 2. Section 802.2A, Code 2018, is amended to read as 13 follows: 14 802.2A Incest —— sexual exploitation by a counselor, 15 therapist, or school employee. 16 1. An information or indictment for incest under section 17 726.2 committed on or with a person who is under the age of 18 eighteen shall be found within ten years after the person upon 19 whom the offense is committed attains eighteen years of age at 20 any time after its commission . An information or indictment 21 for any other incest shall be found within ten years after its 22 commission. 23 2. An indictment or information for sexual exploitation 24 by a counselor, therapist, or school employee under section 25 709.15 committed on or with a person who is under the age of 26 eighteen shall be found within ten years after the person upon 27 whom the offense is committed attains eighteen years of age at 28 any time after its commission . An information or indictment 29 for any other sexual exploitation shall be found within ten 30 years of the date the victim was last treated by the counselor 31 or therapist, or within ten years of the date the victim was 32 enrolled in or attended the school. 33 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2018, 34 is amended to read as follows: 35 -1- SF 2375 (2) 87 jm/rh/jh 1/ 2
S.F. 2375 An information or indictment for the following offenses 1 committed on or with a person who is under the age of eighteen 2 years shall be found within ten years after the person upon 3 whom the offense is committed attains eighteen years of age, 4 or if the person against whom the information or indictment 5 is sought is identified through the use of a DNA profile, an 6 information or indictment shall be found within three years 7 from the date the person is identified by the person’s DNA 8 profile, whichever is later at any time after its commission : 9 Sec. 4. Section 802.10, subsection 3, Code 2018, is amended 10 to read as follows: 11 3. However, notwithstanding subsection 2 , an indictment or 12 information shall be found against a person within three years 13 from the date the person is identified by the person’s DNA 14 profile. If the action involves sexual abuse , another sexual 15 offense of a person eighteen years of age or older , kidnapping, 16 or human trafficking, the indictment or information shall be 17 found as provided in section 802.2, 802.2B, subsection 2, 18 802.2C, or 802.2D, if the person is identified by the person’s 19 DNA profile. 20 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 21 immediate importance, takes effect upon enactment. 22 -2- SF 2375 (2) 87 jm/rh/jh 2/ 2