Proyectos de ley › 89.ª Asamblea General

SF 171Murió al terminar la sesión · 27 de enero de 2021

Relating to sexual misconduct by a peace officer with offenders and juveniles in the peace officer’s custody and providing penalties

Presentado por el comité Judiciary del Senado

Temas:Crime & correctionsPublic safety & emergencies

La misma legislación: SF 44

Dónde está ahora

  1. Hecho: Presentado12 de enero de 2021
  2. Hecho: Subcomité13 de enero de 2021
  3. Hecho: Comité del Senado27 de enero de 2021
  4. Se detuvo: Lo aprueba el SenadoMurió al terminar la Asamblea General
  5. Sigue: Comité de la Cámara
  6. Sigue: Lo aprueba la Cámara
  7. Sigue: A gobernador(a)
  8. Sigue: Firmado como ley

Murió al terminar la sesión La sesión de 2022 terminó el 24 de mayo de 2022, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?

Qué contiene

Resumen con IA Law enforcement officers would commit a felony if they engage in a sex act with anyone in their custody, including children. People convicted of this crime face prison time, fines, and must register as sex offenders. This rule applies to many different types of officers, such as police, sheriffs, and conservation officers. (Todavía no está traducido al español.)1

Lea la explicación oficial (en inglés)

This bill relates to sexual misconduct by a peace officer with offenders and juveniles in the peace officer’s custody, and provides penalties. The bill provides that any peace officer who engages in a sex act with an individual, including a juvenile, in the peace officer’s custody commits a class “D” felony. The bill defines “custody” as the detention of a person by lawful authority or process. The bill defines “peace officer” to include sheriffs and their regular deputies who are subject to mandated law enforcement training, marshals and police officers of cities, peace officer members of the department of public safety, special security officers employed by board of regents institutions, conservation officers, employees of the department of transportation who are designated as peace officers by resolution of the department, employees of an aviation authority designated as peace officers by the authority, and other persons so designated by law. 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 $10,245.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense by 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.

Texto completo del proyecto (en inglés)2

Nota fiscal

Can’t be estimated Compare con otros proyectos

Resumen con IA This bill makes sexual misconduct by a peace officer with a person in their custody a Class D felony instead of an aggravated misdemeanor. The fiscal impact of this bill cannot be estimated because it establishes a new criminal offense and the number of convictions cannot be determined. (en inglés)3

Lea la nota fiscal (en inglés)

Description

Senate File 171 relates to sexual misconduct by a peace officer with offenders and juveniles in the peace officer’s custody, providing that any peace officer who engages in a sex act with an individual, including a juvenile, in the peace officer’s custody commits a Class D felony. Under current law, a peace officer who engages in a sex act with an individual, including a juvenile, in the peace officer’s custody commits an aggravated misdemeanor.

The Bill defines “custody” as the detention of a person by lawful authority or process, and specifies that the term “peace officer” includes sheriffs and their regular deputies who are subject to mandated law enforcement training, marshals and police officers of cities, peace officer members of the Department of Public Safety, parole and probation officers, special security officers employed by the Board of Regents institutions, conservation officers, employees of the Department of Transportation who are designated as peace officers by resolution of the Department, employees of an aviation authority designated as peace officers by the authority, and other persons as may be so designated by law.

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. In FY 2019, there was one aggravated misdemeanor conviction under Iowa Code section 709.16. In FY 2020, there were two aggravated misdemeanor convictions under Iowa Code section 709.16.

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 (DOC) 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 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)(12) 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)(28) 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.

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 cannot be determined. The Bill establishes a new criminal offense, and the number of convictions cannot be estimated. The DOC notes that crimes involving professionals are rare, and that within the last five fiscal years, there has been no prison admission for offenses under Iowa Code section 709.16.

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 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 22, 2021, for information related to the correctional system.

Table 1 — Sentencing Estimates and Length of Stay (LOS)

Minority Impact

The minority impact of SF 171 is unknown. 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

The fiscal impact of SF 171 cannot be estimated. The Bill establishes a new criminal offense, 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 additional conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision. Table 2 — Average State Cost Per Offense Class Type

Sources

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

Cómo leer una nota fiscal4

Lo que cambia del Código de Iowa (Iowa Code)

Modifica§709.16

Cómo funciona el Código5

Cabildeo

5 a favor · 0 en contra · 12 indecisos · Quiénes →

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

Tried before

This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.

  • SF 392 Relating to sexual misconduct by a peace officer with offenders and juveniles in the peace…
    88th General Assembly · Passed Senate · nearly identical
    Passed a chamber

Matched by wording or an identical title.