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House Study Bill 26 - IntroducedA Bill ForAn Act 1modifying the periods of time to bring criminal actions
2for sexual offenses against a minor, providing penalties,
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 802.2, subsection 1, Code 2019, is
2amended to read as follows:
31. An information or indictment for sexual abuse in the
4first, second, or third degree committed on or with a person
5who is under the age of eighteen years shall be found within
6ten years after the person upon whom the offense is committed
7attains eighteen years of age, or if the person against whom
8the information or indictment is sought is identified through
9the use of a DNA profile, an information or indictment shall
10be found within three years from the date the person is
11identified by the person’s DNA profile, whichever is later may
12be commenced at any time after the commission of the offense.
13 Sec. 2. Section 802.2A, Code 2019, is amended to read as
14follows:
15802.2A Incest — sexual exploitation by a counselor,
16therapist, or school employee.
171. An information or indictment for incest under section
18726.2 committed on or with a person who is under the age of
19eighteen shall be found within ten years after the person upon
20whom the offense is committed attains eighteen years of age at
21any time after its commission. An information or indictment
22for any other incest shall be found within ten years after its
23commission.
242. An indictment or information for sexual exploitation
25by a counselor, therapist, or school employee under section
26709.15 committed on or with a person who is under the age of
27eighteen shall be found within ten years after the person upon
28whom the offense is committed attains eighteen years of age at
29any time after its commission. An information or indictment
30for any other sexual exploitation shall be found within ten
31years of the date the victim was last treated by the counselor
32or therapist, or within ten years of the date the victim was
33enrolled in or attended the school.
34 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2019,
35is amended to read as follows:
-1- 1An information or indictment for the following offenses
2committed on or with a person who is under the age of eighteen
3years shall be found within ten years after the person upon
4whom the offense is committed attains eighteen years of age,
5or if the person against whom the information or indictment
6is sought is identified through the use of a DNA profile, an
7information or indictment shall be found within three years
8from the date the person is identified by the person’s DNA
9profile, whichever is later at any time after its commission:
10 Sec. 4. Section 802.10, subsection 3, Code 2019, is amended
11to read as follows:
123. However, notwithstanding subsection 2, an indictment or
13information shall be found against a person within three years
14from the date the person is identified by the person’s DNA
15profile. If the action involves sexual abuse, another sexual
16offense of a person eighteen years of age or older, kidnapping,
17or human trafficking, the indictment or information shall be
18found as provided in section 802.2, 802.2B, subsection 2,
19 802.2C, or 802.2D, if the person is identified by the person’s
20DNA profile.
21 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
22immediate importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill modifies the periods of time to bring criminal
27actions for sexual offenses against a minor.
28The bill amends Code section 802.2 to provide that a criminal
29information or indictment for sexual abuse in the first,
30second, or third degree committed on or with a person under the
31age of 18 may be commenced at any time after the commission
32of the offense. Current law specifies the indictment or
33information for such sexual abuse offenses be found within 10
34years of the sexually abused person attaining 18 years of age
35or within three years after being identified by DNA evidence,
-2-1whichever is later.
2The bill amends Code section 802.2A(1) to provide that
3an information or indictment for incest under Code section
4726.2 committed on or with a person who is under the age of
518 shall be found at any time after its commission. Current
6law specifies the indictment or information for such a sexual
7offense be found within 10 years after the person upon whom the
8offense is committed attains the age of 18.
9The bill amends Code section 802.2A(2) to provide that
10an indictment or information for sexual exploitation by a
11counselor, therapist, or school employee under Code section
12709.15 committed on or with a person who is under the age of
1318 shall be found any time after its commission. Current law
14specifies the indictment or information for such a sexual
15offense be found within 10 years after the person upon whom the
16offense is committed attains the age of 18.
17The bill amends Code section 802.2B to provide that an
18indictment or information for certain other sexual offenses
19shall be found at any time after the commission of such other
20sexual offenses, including the following: lascivious acts with
21a child in violation of Code section 709.8; assault with intent
22to commit sexual abuse in violation of Code section 709.11;
23indecent contact with a child in violation of Code section
24709.12; lascivious conduct with a minor in violation of Code
25section 709.14; sexual misconduct with a juvenile in violation
26of Code section 709.16(2); child endangerment in violation
27of Code section 726.6(4, 5, or 6); and sexual exploitation
28of a minor in violation of Code section 728.12. Current
29law specifies the indictment or information for such sexual
30offenses shall be found within 10 years after the person upon
31whom the offense is committed attains the age of 18, or if the
32person against whom the information or indictment is sought is
33identified through the use of a DNA profile, an information or
34indictment shall be found within three years from the date the
35person is identified by the person’s DNA profile, whichever is
-3-1later.
2The bill amends Code section 802.10 to provide that an
3indictment or information shall be found against a person
4within three years from the date the person is identified by
5the person’s DNA profile. If the action involves sexual abuse
6of a person 18 or older, kidnapping, or human trafficking,
7the indictment or information shall be found if the person is
8identified by the person’s DNA profile.
9The bill takes effect upon enactment.
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2for sexual offenses against a minor, providing penalties,
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 802.2, subsection 1, Code 2019, is
2amended to read as follows:
31. An information or indictment for sexual abuse in the
4first, second, or third degree committed on or with a person
5who is under the age of eighteen years shall be found within
6ten years after the person upon whom the offense is committed
7attains eighteen years of age, or if the person against whom
8the information or indictment is sought is identified through
9the use of a DNA profile, an information or indictment shall
10be found within three years from the date the person is
11identified by the person’s DNA profile, whichever is later may
12be commenced at any time after the commission of the offense.
13 Sec. 2. Section 802.2A, Code 2019, is amended to read as
14follows:
15802.2A Incest — sexual exploitation by a counselor,
16therapist, or school employee.
171. An information or indictment for incest under section
18726.2 committed on or with a person who is under the age of
19eighteen shall be found within ten years after the person upon
20whom the offense is committed attains eighteen years of age at
21any time after its commission. An information or indictment
22for any other incest shall be found within ten years after its
23commission.
242. An indictment or information for sexual exploitation
25by a counselor, therapist, or school employee under section
26709.15 committed on or with a person who is under the age of
27eighteen shall be found within ten years after the person upon
28whom the offense is committed attains eighteen years of age at
29any time after its commission. An information or indictment
30for any other sexual exploitation shall be found within ten
31years of the date the victim was last treated by the counselor
32or therapist, or within ten years of the date the victim was
33enrolled in or attended the school.
34 Sec. 3. Section 802.2B, unnumbered paragraph 1, Code 2019,
35is amended to read as follows:
-1- 1An information or indictment for the following offenses
2committed on or with a person who is under the age of eighteen
3years shall be found within ten years after the person upon
4whom the offense is committed attains eighteen years of age,
5or if the person against whom the information or indictment
6is sought is identified through the use of a DNA profile, an
7information or indictment shall be found within three years
8from the date the person is identified by the person’s DNA
9profile, whichever is later at any time after its commission:
10 Sec. 4. Section 802.10, subsection 3, Code 2019, is amended
11to read as follows:
123. However, notwithstanding subsection 2, an indictment or
13information shall be found against a person within three years
14from the date the person is identified by the person’s DNA
15profile. If the action involves sexual abuse, another sexual
16offense of a person eighteen years of age or older, kidnapping,
17or human trafficking, the indictment or information shall be
18found as provided in section 802.2, 802.2B, subsection 2,
19 802.2C, or 802.2D, if the person is identified by the person’s
20DNA profile.
21 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
22immediate importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill modifies the periods of time to bring criminal
27actions for sexual offenses against a minor.
28The bill amends Code section 802.2 to provide that a criminal
29information or indictment for sexual abuse in the first,
30second, or third degree committed on or with a person under the
31age of 18 may be commenced at any time after the commission
32of the offense. Current law specifies the indictment or
33information for such sexual abuse offenses be found within 10
34years of the sexually abused person attaining 18 years of age
35or within three years after being identified by DNA evidence,
-2-1whichever is later.
2The bill amends Code section 802.2A(1) to provide that
3an information or indictment for incest under Code section
4726.2 committed on or with a person who is under the age of
518 shall be found at any time after its commission. Current
6law specifies the indictment or information for such a sexual
7offense be found within 10 years after the person upon whom the
8offense is committed attains the age of 18.
9The bill amends Code section 802.2A(2) to provide that
10an indictment or information for sexual exploitation by a
11counselor, therapist, or school employee under Code section
12709.15 committed on or with a person who is under the age of
1318 shall be found any time after its commission. Current law
14specifies the indictment or information for such a sexual
15offense be found within 10 years after the person upon whom the
16offense is committed attains the age of 18.
17The bill amends Code section 802.2B to provide that an
18indictment or information for certain other sexual offenses
19shall be found at any time after the commission of such other
20sexual offenses, including the following: lascivious acts with
21a child in violation of Code section 709.8; assault with intent
22to commit sexual abuse in violation of Code section 709.11;
23indecent contact with a child in violation of Code section
24709.12; lascivious conduct with a minor in violation of Code
25section 709.14; sexual misconduct with a juvenile in violation
26of Code section 709.16(2); child endangerment in violation
27of Code section 726.6(4, 5, or 6); and sexual exploitation
28of a minor in violation of Code section 728.12. Current
29law specifies the indictment or information for such sexual
30offenses shall be found within 10 years after the person upon
31whom the offense is committed attains the age of 18, or if the
32person against whom the information or indictment is sought is
33identified through the use of a DNA profile, an information or
34indictment shall be found within three years from the date the
35person is identified by the person’s DNA profile, whichever is
-3-1later.
2The bill amends Code section 802.10 to provide that an
3indictment or information shall be found against a person
4within three years from the date the person is identified by
5the person’s DNA profile. If the action involves sexual abuse
6of a person 18 or older, kidnapping, or human trafficking,
7the indictment or information shall be found if the person is
8identified by the person’s DNA profile.
9The bill takes effect upon enactment.
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