Bills › 88th General Assembly
Relating to sexual exploitation by a youth athletics coach and providing penalties
Topics:Courts & civil lawCrime & corrections
Same legislation: SF 524
Where it is now
- Done: IntroducedFebruary 26, 2019
- Done: SubcommitteeFebruary 28, 2019
- Done: Senate committeeMarch 7, 2019
- Skipped: Passes the SenateContinued as SF 524
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 524 → Its progress continues under the new number. Go to SF 524 What’s a funnel?
What’s in it
This bill relates to sexual exploitation by a youth athletics coach and provides penalties.15 (sexual exploitation by a counselor, therapist, or school employee) to include youth athletics coaches. The bill defines “youth athletics coach” to mean a person who is not a school employee, whether paid or unpaid, who coaches, or is an assistant coach of, a youth athletics team comprised of students, or an individual student athlete, whether informal or formal. The bill provides that there are two alternative means of committing the offense of sexual exploitation by a youth athletics coach.
Read the full explanation
Sexual exploitation by a youth athletics coach occurs when the youth athletics coach engages in a pattern or practice or scheme of conduct to engage in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student, or engages in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student.17. The bill provides that sexual exploitation by a youth athletics coach does not include touching that is necessary in the performance of the youth athletics coach’s duties including caring for an injured athlete. The bill provides that a youth athletics coach who engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a student commits a class “D” felony. A youth athletics coach commits an aggravated misdemeanor if the youth athletics coach engages in such sexual conduct with a student. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense committing the person into the custody of the director of the Iowa department of corrections for a period of years. A person serving a special sentence begins the sentence as if on parole or work release but the sentence is subject to a revocation of release for up to two years for a first revocation and five years for any second or subsequent revocation.103.10(3)(h).11 (definition of forcible felony).
Changed since by amendment S-3084; see Amendments.
Senate subcommittee
Named February 28, 2019. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill creates two new criminal offenses for youth athletics coaches who engage in sexual conduct with students. The fiscal impact of the bill cannot be estimated because the number of resulting convictions cannot be determined.2
Read the fiscal note
Description
Senate File 524 adds the category of “youth athletics coach” to existing Iowa law relating to sexual exploitation by a counselor, therapist, or school employee. The Bill defines “youth athletics coach” as a person who is not a school employee, whether paid or unpaid, who coaches, or is an assistant coach of, a youth athletics team comprised of students, or an individual student athlete, whether informal or formal.
Senate File 524 specifies that there are two alternative means of committing the offense of sexual exploitation by a youth athletics coach. Sexual exploitation by a youth athletics coach occurs when:
1) The youth athletics coach engages in a pattern or practice or scheme of conduct to engage in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student; or 2) The youth athletics coach engages in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the youth athletics coach or the student. The Bill specifically defines sexual conduct in addition to a sex act as defined by Iowa Code section 702.17, but excludes touching necessary to the performance of the youth athletics coach’s duties, including caring for an injured athlete. A youth athletics coach who engages in sexual conduct with a student commits an aggravated misdemeanor. A youth athletics coach who engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a student commits a Class D felony.
Background
An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 and not more than $6,250. A Class D felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. In FY 2018, there were 14 convictions under Iowa Code section 709.15.
An individual who violates the provisions of this Bill is subject to a special sentence pursuant to Iowa Code section 903B.2. A special sentence is defined as a punishment in addition to the punishment for the underlying criminal offense, and consists of committing the individual to the custody of the Department of Corrections for a period of 10 years. An individual serving a special sentence begins the sentence in the same manner as if the individual were on parole or part of a work release program. The special sentence is subject to revocation of release for up to two years for a first revocation, and up to five years for a second or any subsequent revocation.
Additionally, a person who violates the provisions of this Bill is designated as a Tier II sex offender under Iowa Code section 692A.102(1)(b)(11) if the victim is 13 years of age or older, or as a Tier III sex offender pursuant to Iowa Code section 692A.102(1)(c)(27) if the victim is under the age of 13. In either scenario, the person committing the offense must register as a sex offender pursuant to Iowa Code section 692A.103.
A person who violates the provisions of SF 524 is also subject to a no-contact order upon release from jail or prison pursuant to Iowa Code section 709.19, and hormonal intervention therapy under Iowa Code section 903B.10(3)(h).
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
The correctional impact of SF 524 cannot be determined. The Bill establishes two new criminal offenses, and the number of convictions cannot be estimated. It is possible that certain offenses committed by youth athletics coaches are captured under existing law, but it is not possible to disaggregate data to determine the nature of the relationship between the victim and offender for these offenses. It is likely that convictions under Iowa Code section 709.15 may increase, although it is not possible to estimate the extent of such an increase. Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors and Class D felonies (involving sex crimes). Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 8, 2019, for information related to the correctional system. Table 1 — Sentencing Estimates and LOS
Minority Impact
The minority impact of SF 524 is unknown. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of SF 524 cannot be estimated. The Bill establishes two new criminal offenses, and the resulting number of convictions and cost to the justice system cannot be estimated. Table 2 shows estimates for the average State cost per offense class type. The estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one additional conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Percent
to Prison FY 18 Avg
LOS
Prison
(months) FY 18
Marginal
Cost/Day
Prison
Percent to
Probation
FY 18 Avg
LOS
Probation
(months) FY 18 Avg
Cost/Day
Probation
Percent
to CBC FY 18
Marginal
Cost/Day
CBC
FY 18 Avg
LOS
Parole
(months) FY 18
Marginal
Cost/Day
Parole
Percent
to
County
Jail
Marginal
Cost/Day
County
Jail
Aggravated
Misdemeanor
(Sex Offense) 72.0% 11.6 19.93$ 64.0% 27.3 5.38$ 4.0% 11.85$ 1.4 5.38$ 28.0% 50$
Class D Felony
(Sex Offense) 79.0% 34.8 19.93$ 49.0% 42.9 5.38$ 10.0% 11.85$ 2.7 5.38$ 19.0% 50$ Table 2 — Average State Cost per Defense Class Type
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- LSA calculations
- Youth Sports Coaches · March 12, 2019
Iowa Code it changes
Lobbying
0 for · 0 against · 8 undecided · Who →
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88th General Assembly
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