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House File 515 - IntroducedA Bill ForAn Act 1relating to the criminal elements for the commission of
2sexual misconduct with offenders, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.16, subsection 1, Code 2019, is
2amended to read as follows:
31. a. Any peace officer, or an officer, employee,
4contractor, vendor, volunteer, or agent of the department of
5corrections, or an officer, employee, or agent of a judicial
6district department of correctional services, who engages in
7a sex act with an individual committed to the custody of the
8department of corrections or a judicial district department of
9correctional services, with specific and actual knowledge the
10person is committed to the custody of the department, commits
11an aggravated misdemeanor a class “D” felony.
12b. An officer, employee, or agent of a judicial district
13department of correctional services who engages in a sex act
14with an individual under supervision of a judicial district
15department of correctional services, with specific and actual
16knowledge the person is under supervision, commits a class “D”
17felony.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the criminal elements and penalties for
22the commission of sexual misconduct with offenders.
23The bill raises the criminal penalty from an aggravated
24misdemeanor to a class “D” felony for a peace officer,
25officer, employee, contractor, vendor, volunteer, or agent
26of the department of corrections who engages in a sex act
27with an inmate committed to the custody of the department of
28corrections, if such a person has specific and actual knowledge
29the inmate is committed to the custody of the department.
30The bill raises the criminal penalty from an aggravated
31misdemeanor to a class “D” felony for an officer, employee,
32or agent of a judicial district department of correctional
33services who engages in a sex act with an individual under
34supervision of a judicial district department, with specific
35and actual knowledge the person is under supervision.
-1- 1An aggravated misdemeanor is punishable by confinement for
2no more than two years and a fine of at least $625 but not more
3than $6,250. A class “D” felony is punishable by confinement
4for no more than five years and a fine of at least $750 but not
5more than $7,500.
6A person who violates the bill is also subject to a special
7sentence under Code section 903B.2. A special sentence is a
8punishment in addition to the punishment for the underlying
9criminal offense by committing the person into the custody of
10the director of the Iowa department of corrections for a period
11of 10 years. A person serving a special sentence begins the
12sentence as if on parole or work release but the sentence is
13subject to a revocation of release for up to two years for a
14first revocation and five years for any second or subsequent
15revocation.
16A person who violates the bill is classified as a tier II sex
17offender under Code section 692A.102(1)(b)(12) and is required
18to register as a sex offender under Code section 692A.103.
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2sexual misconduct with offenders, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 709.16, subsection 1, Code 2019, is
2amended to read as follows:
31. a. Any peace officer, or an officer, employee,
4contractor, vendor, volunteer, or agent of the department of
5corrections, or an officer, employee, or agent of a judicial
6district department of correctional services, who engages in
7a sex act with an individual committed to the custody of the
8department of corrections or a judicial district department of
9correctional services, with specific and actual knowledge the
10person is committed to the custody of the department, commits
11an aggravated misdemeanor a class “D” felony.
12b. An officer, employee, or agent of a judicial district
13department of correctional services who engages in a sex act
14with an individual under supervision of a judicial district
15department of correctional services, with specific and actual
16knowledge the person is under supervision, commits a class “D”
17felony.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the criminal elements and penalties for
22the commission of sexual misconduct with offenders.
23The bill raises the criminal penalty from an aggravated
24misdemeanor to a class “D” felony for a peace officer,
25officer, employee, contractor, vendor, volunteer, or agent
26of the department of corrections who engages in a sex act
27with an inmate committed to the custody of the department of
28corrections, if such a person has specific and actual knowledge
29the inmate is committed to the custody of the department.
30The bill raises the criminal penalty from an aggravated
31misdemeanor to a class “D” felony for an officer, employee,
32or agent of a judicial district department of correctional
33services who engages in a sex act with an individual under
34supervision of a judicial district department, with specific
35and actual knowledge the person is under supervision.
-1- 1An aggravated misdemeanor is punishable by confinement for
2no more than two years and a fine of at least $625 but not more
3than $6,250. A class “D” felony is punishable by confinement
4for no more than five years and a fine of at least $750 but not
5more than $7,500.
6A person who violates the bill is also subject to a special
7sentence under Code section 903B.2. A special sentence is a
8punishment in addition to the punishment for the underlying
9criminal offense by committing the person into the custody of
10the director of the Iowa department of corrections for a period
11of 10 years. A person serving a special sentence begins the
12sentence as if on parole or work release but the sentence is
13subject to a revocation of release for up to two years for a
14first revocation and five years for any second or subsequent
15revocation.
16A person who violates the bill is classified as a tier II sex
17offender under Code section 692A.102(1)(b)(12) and is required
18to register as a sex offender under Code section 692A.103.
-2-as/rh