Bills › 89th General Assembly
Where it is now
- Done: IntroducedJanuary 21, 2021
- Done: SubcommitteeJanuary 21, 2021
- Done: House committeeFebruary 24, 2021
- Skipped: Passes the HouseContinued as HF 710
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 710 → Its progress continues under the new number. Go to HF 710 What’s a funnel?
What’s in it
AI summary People convicted of sex offenses against minors would face child endangerment charges if they have unsupervised access to or control over a child. This rule applies to anyone supervising a child or driving with one in their vehicle, unless the offender is married to and living with the child's parent or guardian. Violating this law is a felony that can lead to prison time and fines.1
Read the official explanation
This bill relates to child endangerment committed by a sex offender. The bill provides that a person having control over a child or a minor who has been convicted of a sex offense against a minor, or who knowingly has unsupervised access to a child or a minor after the person is required to register as a sex offender for a sex offense against a minor under Code chapter 692A, commits child endangerment. _____ sex offender who is married to and living with a person who has a child or who is the guardian of a child or a minor. “Person having control over a child or a minor” means any of the following: a person who has accepted, undertaken, or assumed supervision of a child or such a minor from the parent or guardian of the child or minor; a person who has undertaken or assumed temporary supervision of a child or such a minor without explicit consent from the parent or guardian of the child or minor; or a person who operates a motor vehicle with a child or such a minor present in the vehicle. The bill provides that a person who commits child endangerment in violation of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
Changed since by amendment H-1238; see Amendments.
House subcommittee
Named January 21, 2021. On March 4, 2021 it recommended passage. Vote Total: 2-0.
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 makes it a Class D felony for a registered sex offender to have control of or unsupervised access to a minor. Because this is a new provision, the exact fiscal impact on the state cannot be determined due to a lack of conviction data. However, the average cost to the state for one Class D felony conviction ranges from $7,700 to $13,500 across the Judicial Branch, the State Public Defender, and the Department of Corrections.3
Read the fiscal note
Description
House File 710 relates to child endangerment committed by a sex offender. The Bill provides that a person who is required to register as a sex offender under Iowa Code chapter 692A for a sex offense against a minor who knowingly has control of a minor, or who knowingly has unsupervised access to a minor, commits child endangerment. The Bill also provides exceptions. A person who commits child endangerment in violation of this Bill is guilty of a Class D felony.
Background
A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends, prisoner length of stay (LOS), 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
House File 710 expands Iowa Code section 726.6 and the definition of child endangerment to include when a sex offender has control over a minor child. Violation of this provision is a Class D felony. In FY 2019 and FY 2020, there were a total of 869 convictions of child endangerment. Since this is a new provision in the Iowa Code, it is unknown how many of these child endangerment cases would be committed by sex offenders, and an impact cannot be estimated. Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of a Class D felony. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system. Table 1 — LOS and SentencingConviction Offense
Class
Percent
to Prison
Avg Length
of Stay
Prison
(months) FY 20
Marginal
Cost/Day
Prison
Percent
Ordered
to
Probation
Avg LOS
on
Probation
Avg Cost
Per Day
on
Probation
Percent
Sentenced
to CBC
Residential
Facility
FY 20
Marginal
Cost
CBC Per
Day
Percent
Ordered to
County Jail
Avg
Length of
Stay in
County
Jail
Marginal
Cost Per
Day
Avg LOS
on
Parole
FY 20
Average
Cost Per
Day
Parole
Class D Felony
(Persons) 77.0% 16.0 $20.33 47.8% 30.5 $5.38 10.5% $14.78 38.6% N/A $50.00 11.5 $5.38
Minority Impact
Of the 869 convictions of child endangerment in FY 2019 and FY 2020, 73.6% were committed by a Caucasian offender and 18.8% were African American. In CY 2019, African Americans comprised 3.7% of the adult population of the State. The percent of convictions for this offense exceeds the population proportion of the State, which may lead to a racial impact, if convictions and sentences remained consistent. Since this is a new provision, the impact cannot be estimated at this time by the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 710 adds a new provision under Iowa Code section 726.6, and the fiscal impact cannot be determined due to a lack of conviction data. The average cost to the State per conviction of a Class D felony ranges from $7,700 to $13,500. The cost estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- CJJP, Department of Human Rights
- Department of Corrections
- Judicial Branch
- LSA analysis
- Final Fiscal Note — Child Endangerment · June 8, 2021 · $13,500
- Child Endangerment · March 3, 2021 · $13,500
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89th General Assembly