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Bill > SF104
IA SF104
A bill for an act relating to surgical castration for certain sex offenses.
summary
Introduced
01/22/2025
01/22/2025
In Committee
01/22/2025
01/22/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to surgical castration for certain sex offenses. The bill provides that in addition to any other punishment provided by law, a person who has been convicted of a serious sex offense occurring on or after the effective date of the bill, in which the victim was under the age of 12 at the time of the offense, may be ordered by the court to undergo surgical castration as part of any conditions of release imposed by the court or the board of parole. If a person is placed on probation and is not in confinement at the time of sentencing, the presentence investigation shall include a plan for surgical castration to be performed as soon as is reasonably possible. If the person is in confinement prior to release on probation or parole, surgical castration shall be performed not later than one week prior to the defendant’s release from confinement. An order of the court requiring a person to undergo surgical castration shall be contingent upon a determination by a court-appointed medical expert that the defendant is an appropriate candidate for the procedure and that the procedure is medically appropriate. The bill refers to the definition of “serious sex offense” in Code section 903B.10(3) which provides that a “serious sex offense” means any of the following offenses in which the victim was a child who was, at the time the offense was committed, 12 years of age or younger: sexual abuse in the first degree, in violation of Code section 709.2; sexual abuse in the second degree, in violation of Code section 709.3; sexual abuse in the third degree, in violation of Code section 709.4; lascivious acts with a child, in violation of Code section 709.8; assault with intent, in violation of Code section 709.11; indecent contact with a minor, in violation of Code section 709.12; lascivious conduct with a minor, in violation of Code section 709.14; sexual exploitation, in violation of Code section 709.15; sexual exploitation of a minor, in violation of Code section 728.12(1) and (2); and continuous sexual abuse of a child, in violation of Code section 709.23.
AI Summary
This bill proposes a mandatory surgical castration provision for individuals convicted of serious sex offenses involving victims under 12 years old. Under the proposed law, courts or parole boards may order surgical castration as a condition of release for offenders who have committed specified sexual crimes against young children. The bill allows for this requirement only after a court-appointed medical expert determines the procedure is medically appropriate and the offender is a suitable candidate, with the assessment to be completed within 60 days of sentencing. If an offender is placed on probation and not in confinement, a plan for surgical castration must be included in the presentence investigation and performed as soon as possible. For offenders in confinement, the procedure must be completed within one week of their release. The bill provides an exception if the offender voluntarily undergoes an alternative permanent surgical procedure approved by the court or parole board. The legislation defines "serious sex offenses" as specific sexual crimes against children 12 and under, including various forms of sexual abuse, assault, exploitation, and continuous sexual abuse. The bill is deemed to take effect immediately upon enactment.
Committee Categories
Justice
Sponsors (1)
Last Action
Subcommittee: Lofgren, Petersen, and Shipley. S.J. 137. (on 01/23/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF104 |
BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF104.html |
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