Read the full stored bill text
House
File
17
-
Introduced
HOUSE
FILE
17
BY
COLLINS
A
BILL
FOR
An
Act
relating
to
surgical
castration
for
certain
sex
1
offenses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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17
Section
1.
NEW
SECTION
.
903B.11
Surgical
castration
——
1
certain
sex
offenses.
2
1.
Notwithstanding
any
other
provision
of
law
to
the
3
contrary
and
in
addition
to
any
other
punishment
provided
by
4
law,
a
person
who
has
been
convicted
of
a
serious
sex
offense,
5
as
defined
in
section
903B.10,
subsection
3,
occurring
on
or
6
after
the
effective
date
of
this
section,
in
which
the
victim
7
was
under
the
age
of
twelve
at
the
time
of
the
offense,
may
be
8
ordered
by
the
court
to
undergo
surgical
castration
as
part
of
9
any
conditions
of
release
imposed
by
the
court
or
the
board
of
10
parole.
This
section
shall
not
apply
if
the
person
voluntarily
11
undergoes
a
permanent
surgical
alternative
approved
by
the
12
court
or
the
board
of
parole.
13
2.
If
a
person
is
placed
on
probation
and
is
not
in
14
confinement
at
the
time
of
sentencing,
the
presentence
15
investigation
shall
include
a
plan
for
surgical
castration
to
16
be
performed
as
soon
as
is
reasonably
possible
after
the
person
17
is
sentenced.
If
the
person
is
in
confinement
prior
to
release
18
on
probation
or
parole,
surgical
castration
shall
be
performed
19
not
later
than
one
week
prior
to
the
defendant’s
release
20
from
confinement.
Conviction
of
a
serious
sex
offense
shall
21
constitute
exceptional
circumstances
warranting
a
presentence
22
investigation
under
section
901.2.
23
3.
An
order
of
the
court
requiring
a
person
to
undergo
24
surgical
castration
shall
be
contingent
upon
a
determination
25
by
a
court-appointed
medical
expert
that
the
person
is
an
26
appropriate
candidate
for
the
procedure
and
that
the
procedure
27
is
medically
appropriate.
This
determination
shall
be
made
not
28
later
than
sixty
days
from
the
imposition
of
sentence.
29
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
30
importance,
takes
effect
upon
enactment.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
surgical
castration
for
certain
sex
35
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H.F.
17
offenses.
1
The
bill
provides
that
in
addition
to
any
other
punishment
2
provided
by
law,
a
person
who
has
been
convicted
of
a
serious
3
sex
offense
occurring
on
or
after
the
effective
date
of
the
4
bill,
in
which
the
victim
was
under
the
age
of
12
at
the
5
time
of
the
offense,
may
be
ordered
by
the
court
to
undergo
6
surgical
castration
as
part
of
any
conditions
of
release
7
imposed
by
the
court
or
the
board
of
parole.
If
a
person
is
8
placed
on
probation
and
is
not
in
confinement
at
the
time
9
of
sentencing,
the
presentence
investigation
shall
include
a
10
plan
for
surgical
castration
to
be
performed
as
soon
as
is
11
reasonably
possible.
If
the
person
is
in
confinement
prior
12
to
release
on
probation
or
parole,
surgical
castration
shall
13
be
performed
not
later
than
one
week
prior
to
the
defendant’s
14
release
from
confinement.
An
order
of
the
court
requiring
a
15
person
to
undergo
surgical
castration
shall
be
contingent
upon
16
a
determination
by
a
court-appointed
medical
expert
that
the
17
defendant
is
an
appropriate
candidate
for
the
procedure
and
18
that
the
procedure
is
medically
appropriate.
19
The
bill
refers
to
the
definition
of
“serious
sex
offense”
20
in
Code
section
903B.10(3)
which
provides
that
a
“serious
21
sex
offense”
means
any
of
the
following
offenses
in
which
22
the
victim
was
a
child
who
was,
at
the
time
the
offense
was
23
committed,
12
years
of
age
or
younger:
sexual
abuse
in
the
24
first
degree,
in
violation
of
Code
section
709.2;
sexual
25
abuse
in
the
second
degree,
in
violation
of
Code
section
26
709.3;
sexual
abuse
in
the
third
degree,
in
violation
of
Code
27
section
709.4;
lascivious
acts
with
a
child,
in
violation
of
28
Code
section
709.8;
assault
with
intent,
in
violation
of
Code
29
section
709.11;
indecent
contact
with
a
minor,
in
violation
30
of
Code
section
709.12;
lascivious
conduct
with
a
minor,
in
31
violation
of
Code
section
709.14;
sexual
exploitation,
in
32
violation
of
Code
section
709.15;
sexual
exploitation
of
a
33
minor,
in
violation
of
Code
section
728.12(1)
and
(2);
and
34
continuous
sexual
abuse
of
a
child,
in
violation
of
Code
35
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section
709.23.
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