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Senate File 44 - 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 2021, 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 a class “D” felony.
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 a class “D” felony.
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
25law enforcement training, marshals and police officers of
26cities, peace officer members of the department of public
27safety, special security officers employed by board of
28regents institutions, conservation officers, employees
29of the department of transportation who are designated as
30peace officers by resolution of the department, employees of
31an aviation authority designated as peace officers by the
32authority, and other persons so designated by law.
33A class “D” felony is punishable by confinement for no more
34than five years and a fine of at least $1,025 but not more than
35$10,245.
-1- 1A person who violates the bill is also subject to a special
2sentence under Code section 903B.2. A special sentence is a
3punishment in addition to the punishment for the underlying
4criminal offense by committing the person into the custody of
5the director of the Iowa department of corrections for a period
6of 10 years. A person serving a special sentence begins the
7sentence as if on parole or work release but the sentence is
8subject to a revocation of release for up to two years for a
9first revocation and five years for any second or subsequent
10revocation.
11A person who violates the bill is classified as a tier II sex
12offender under Code section 692A.102(1)(b)(12) if the victim
13is 13 years of age or older or as a tier III sex offender under
14Code section 692A.102(1)(c)(29) if the victim is under 13 years
15of age, and is required to register as a sex offender under
16Code 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 2021, 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 a class “D” felony.
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 a class “D” felony.
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
25law enforcement training, marshals and police officers of
26cities, peace officer members of the department of public
27safety, special security officers employed by board of
28regents institutions, conservation officers, employees
29of the department of transportation who are designated as
30peace officers by resolution of the department, employees of
31an aviation authority designated as peace officers by the
32authority, and other persons so designated by law.
33A class “D” felony is punishable by confinement for no more
34than five years and a fine of at least $1,025 but not more than
35$10,245.
-1- 1A person who violates the bill is also subject to a special
2sentence under Code section 903B.2. A special sentence is a
3punishment in addition to the punishment for the underlying
4criminal offense by committing the person into the custody of
5the director of the Iowa department of corrections for a period
6of 10 years. A person serving a special sentence begins the
7sentence as if on parole or work release but the sentence is
8subject to a revocation of release for up to two years for a
9first revocation and five years for any second or subsequent
10revocation.
11A person who violates the bill is classified as a tier II sex
12offender under Code section 692A.102(1)(b)(12) if the victim
13is 13 years of age or older or as a tier III sex offender under
14Code section 692A.102(1)(c)(29) if the victim is under 13 years
15of age, and is required to register as a sex offender under
16Code section 692A.103.
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