Senate File 200 - Introduced
SENATE FILE 200
BY SWEENEY
A BILL FOR
1 An Act relating to conforming statute of limitations provisions
2 related to the fraud in assisted reproduction Act.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 802.3, Code 2023, is amended to read as
2 follows:
3 802.3 Felony —— aggravated or serious misdemeanor.
4 In all cases, except those enumerated in section 802.1,
5 802.2, 802.2A, 802.2B, 802.2C, 802.2D, 802.2E, or 802.10,
6 an indictment or information for a felony or aggravated or
7 serious misdemeanor shall be found within three years after its
8 commission.
9 Sec. 2. Section 802.10, subsection 3, Code 2023, is amended
10 to read as follows:
11 3. However, notwithstanding subsection 2, an indictment
12 or information shall be found against a person within three
13 years from the date the person is identified by the person’s
14 DNA profile. If the action involves sexual abuse, another
15 sexual offense, kidnapping, or human trafficking, or fraud in
16 assisted reproduction, the indictment or information shall be
17 found as provided in section 802.2, 802.2B, 802.2C, or 802.2D,
18 or 802.2E, if the person is identified by the person’s DNA
19 profile.
20 EXPLANATION
21 The inclusion of this explanation does not constitute agreement with
22 the explanation’s substance by the members of the general assembly.
23 This bill makes conforming changes to reflect in other Code
24 sections, the statute of limitations provisions under Code
25 chapter 714I (fraud in assisted reproduction Act).
26 The bill amends Code section 802.3 (felony —— aggravated
27 or serious misdemeanor) to include in the exceptions to the
28 requirement that an indictment or information for a felony or
29 aggravated or serious misdemeanor shall be found within three
30 years after its commission, an information or indictment for
31 sexual abuse in the fourth degree under Code section 802.2E,
32 which is a crime established under Code chapter 714I which may
33 instead be commenced at any time after the commission of the
34 offense.
35 The bill amends Code section 802.10 (DNA profile of
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1 accused), to include sexual abuse in the fourth degree in the
2 exceptions to the requirement that an indictment or information
3 shall be found against a person within three years from the
4 date the person is identified by the person’s DNA profile. The
5 bill instead provides that the indictment or information shall
6 be found as provided in Code section 802.2E at any time after
7 the commission of the offense, if the person is identified by
8 the person’s DNA profile.
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Statutes affected:
Introduced: 802.3, 802.1