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Senate File 258 - IntroducedA Bill ForAn Act 1relating to sexual misconduct by a peace officer with
2offenders and juveniles in the peace officer’s custody, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.16, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4. a. Any peace officer who engages in a
4sex act with an individual, including a juvenile, in the peace
5officer’s custody commits an aggravated misdemeanor.
6b. For purposes of this subsection:
7(1) “Custody” means the detention of a person by lawful
8authority or process.
9(2) “Peace officer” means a peace officer defined in section
10801.4, subsection 11, paragraph “a”, “b”, “c”, “f”, “g”, “h”,
11“i”, or “j”.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to sexual misconduct by a peace officer
16with offenders and juveniles in the peace officer’s custody,
17and provides penalties.
18The bill provides that any peace officer who engages in a
19sex act with an individual, including a juvenile, in the peace
20officer’s custody commits an aggravated misdemeanor.
21The bill defines “custody” as the detention of a person by
22lawful authority or process.
23The bill defines “peace officer” to include sheriffs
24and their regular deputies who are subject to mandated law
25enforcement training, marshals and police officers of cities,
26peace officer members of the department of public safety,
27parole officers, probation officers, special security officers
28employed by board of regents institutions, conservation
29officers, employees of the department of transportation who are
30designated as peace officers by resolution of the department,
31employees of an aviation authority designated as peace officers
32by the authority, and other persons as may be so designated by
33law.
34An aggravated misdemeanor is punishable by confinement for
35no more than two years and a fine of at least $625 but not more
-1-1than $6,250.
2A person who violates the bill is also subject to a special
3sentence under Code section 903B.2. A special sentence is a
4punishment in addition to the punishment for the underlying
5criminal offense by committing the person into the custody of
6the director of the Iowa department of corrections for a period
7of 10 years. A person serving a special sentence begins the
8sentence as if on parole or work release but the sentence is
9subject to a revocation of release for up to two years for a
10first revocation and five years for any second or subsequent
11revocation.
12A person who violates the bill is classified as a tier II sex
13offender under Code section 692A.102(1)(b)(12) if the victim
14is 13 years of age or older or as a tier III sex offender under
15Code section 692.102(1)(c)(28) if the victim is under 13 years
16of age, and is required to register as a sex offender under
17Code section 692A.103.
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2offenders and juveniles in the peace officer’s custody, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.16, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4. a. Any peace officer who engages in a
4sex act with an individual, including a juvenile, in the peace
5officer’s custody commits an aggravated misdemeanor.
6b. For purposes of this subsection:
7(1) “Custody” means the detention of a person by lawful
8authority or process.
9(2) “Peace officer” means a peace officer defined in section
10801.4, subsection 11, paragraph “a”, “b”, “c”, “f”, “g”, “h”,
11“i”, or “j”.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to sexual misconduct by a peace officer
16with offenders and juveniles in the peace officer’s custody,
17and provides penalties.
18The bill provides that any peace officer who engages in a
19sex act with an individual, including a juvenile, in the peace
20officer’s custody commits an aggravated misdemeanor.
21The bill defines “custody” as the detention of a person by
22lawful authority or process.
23The bill defines “peace officer” to include sheriffs
24and their regular deputies who are subject to mandated law
25enforcement training, marshals and police officers of cities,
26peace officer members of the department of public safety,
27parole officers, probation officers, special security officers
28employed by board of regents institutions, conservation
29officers, employees of the department of transportation who are
30designated as peace officers by resolution of the department,
31employees of an aviation authority designated as peace officers
32by the authority, and other persons as may be so designated by
33law.
34An aggravated misdemeanor is punishable by confinement for
35no more than two years and a fine of at least $625 but not more
-1-1than $6,250.
2A person who violates the bill is also subject to a special
3sentence under Code section 903B.2. A special sentence is a
4punishment in addition to the punishment for the underlying
5criminal offense by committing the person into the custody of
6the director of the Iowa department of corrections for a period
7of 10 years. A person serving a special sentence begins the
8sentence as if on parole or work release but the sentence is
9subject to a revocation of release for up to two years for a
10first revocation and five years for any second or subsequent
11revocation.
12A person who violates the bill is classified as a tier II sex
13offender under Code section 692A.102(1)(b)(12) if the victim
14is 13 years of age or older or as a tier III sex offender under
15Code section 692.102(1)(c)(28) if the victim is under 13 years
16of age, and is required to register as a sex offender under
17Code section 692A.103.
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