Bills › 88th General Assembly

SSB 1233Died when the session ended · March 6, 2019

SSB 1233

Topics:Crime & corrections

Same legislation: SF 577

Where it is now

  1. Done: IntroducedMarch 11, 2019
  2. Done: SubcommitteeMarch 4, 2019
  3. Done: Senate committeeMarch 11, 2019
  4. Done: Passes the SenateApril 1, 201948–0
  5. Stopped: House committeeDied when the General Assembly ended
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill establishes the criminal offense of sexual exploitation of a child with a disability by an employee of a community college and provides penalties. _____ The bill defines “employee of a community college” to mean a person employed by a community college who, pursuant to a contract between a school district and the community college, provides 4+ services to a child with a disability who is between the ages of and 21, and includes any of the following: a person who holds a license, certificate, statement of professional recognition, or an authorization issued under Code chapter 272, whether employed full-time, part-time, or as a substitute.

Read the full explanation

The definition also includes a volunteer for a community college and a person who provides services under a contract for such services to a community college, and who has direct contact with the student receiving 4+ services. The bill defines “4+ services” as secondary planning and transition services intended to give a child with a disability vocational and life skills to increase independence in adulthood which are part of a child with a disability’s secondary schooling and are included in the child’s individualized education program. A “child with a disability” means a person between the ages of and who has a disability in obtaining an education because of a head injury, autism, behavioral disorder, or physical, mental, communication, or learning disability. The bill provides that sexual exploitation of a child with a disability by an employee of a community college occurs when any of the following are found: a pattern or practice or scheme of conduct to engage in any sexual conduct with a child with a disability for the purpose of arousing or satisfying the sexual desires of the community college employee or the child with a disability.17. _____ employment. The bill provides that an employee of a community college who engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a child with a disability commits a class “D” felony. An employee of a community college commits an aggravated misdemeanor if the employee of a community college engages in such sexual conduct with a child with a disability. 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.103.19 (no-contact order upon dependant’s release from jail or prison).

Changed since by amendment S-3103; see Amendments.

Full bill text1

Senate subcommittee

Named March 4, 2019. On March 6, 2019 it recommended passage.

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 Senate File 577 creates new criminal offenses for the sexual exploitation of a child with a disability by a community college employee. The fiscal impact of this bill cannot be estimated because the number of convictions for these new offenses cannot be determined. Consequently, the resulting costs to the justice system cannot be estimated.2

Read the fiscal note

Description

Senate File 577 establishes the criminal offense of sexual exploitation of a child with a disability by an employee of a community college and provides penalties. The Bill provides a definition of when the offense of sexual exploitation of a child with a disability by an employee of a community college has been committed. The Bill defines child with a disability as between the ages of 18 and 21. Senate File 577 provides that an employee of a community college who engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a child with a disability commits a Class D felony. The Bill also provides that if an employee of a community college engages in such sexual conduct with a child with a disability, the employee commits an aggravated misdemeanor.

In addition, a person who commits this offense is also subject to a special sentence under Iowa Code section 903B.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense that commits the person into the custody of the Director of the Department of Corrections (DOC) for a period of 10 years. In addition, a person who commits an offense under Iowa Code section 709.16 is classified as a tier II sex offender under Iowa Code section 692A.102(1)(b)(12) and is required to register as a sex offender under Iowa Code section 692A.103.

Background

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.

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 577 cannot be determined. The Bill establishes two new offenses, and the number of convictions cannot be estimated.

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 in crimes involving sex offenses. 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 577 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 577 cannot be estimated. The Bill establishes two new criminal offenses, and the resulting 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 DOC for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.

Table 2 — Average State Cost Per Offense Class Type Offense Class Total Minimum Cost Total Maximum Cost Aggravated Misdemeanor $4,700 $7,500 Class D Felony $9,200 $14,100

Source

  • Criminal and Juvenile Justice Planning Division, Department of Human Rights

Reading a fiscal note3

Iowa Code it changes

Creates§709.15A

Amends§614.1§692A.102§702.11§709.19

How the Code works4

Lobbying

1 for · 0 against · 6 undecided · Who →

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88th General Assembly

Earlier and later bills are matched by wording or an identical title.

Similar bills

  • SF 105 Establishing the criminal offense of sexual exploitation of a student with a disability by…
    89th General Assembly · Subcommittee recommends passage
    Nearly identical

Matched by wording or an identical title.