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| 1 | 1 | Senate File 104 - Introduced SENATE FILE 104 BY LOFGREN 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 TLSB 1031XS (1) 91 as/js | |
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| 3 | 3 | S.F. 104 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 defendants 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 explanations substance by the members of the general assembly. 34 This bill relates to surgical castration for certain sex 35 -1- LSB 1031XS (1) 91 as/js 1/ 3 | |
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| 5 | 5 | S.F. 104 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 defendants 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 -2- LSB 1031XS (1) 91 as/js 2/ 3 | |
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| 7 | 7 | S.F. 104 section 709.23. 1 -3- LSB 1031XS (1) 91 as/js 3/ 3 |