Lawmakers eye tougher penalties for kidnapping minors

DES MOINES -- Key lawmakers Wednesday indicated they expect the Legislature next year will toughen penalties for kidnapping a minor in Iowa in the wake of a high-profile case last May where a man freed from prison abducted two girls and killed one of the victims before hanging himself.

“This is going to be a high priority for the 2014 session,” Sen. Rob Hogg, D-Cedar Rapids, chairman of the Senate Judiciary Committee, told members of the Public Safety Advisory Board, which recommended the Legislature modify the definition of Iowa's Class B second-degree kidnapping statute to include abductions of minors by strangers.

“I'm fairly positive we will do something to increase the penalty for kidnapping of a child by a stranger, not a family member,” said Rep. Chip Baltimore, R-Boone, chairman of the House Judiciary Committee and also an ex-officio board member like Hogg. “That bill is already in the works, so it's nice to get affirmation that this group supports it.”

The advisory panel's proposal came at the request of top lawmakers who asked the board members to review the case of Michael Klunder, a Stratford man who authorities say killed himself after kidnapping two girls in Dayton last May 20. In 1992, Klunder was sentenced to 41 years in prison for kidnapping, but he was awarded time off for good behavior behind bars and released in 2011 after completing his incarceration.

Kathlynn Shepard, 15, and a 12-year-old girl were kidnapped after they got off a school bus. The 12-year-old escaped the ordeal while Shepard's body was found a few weeks later in the Des Moines River.

Along with the second-degree kidnapping change, the advisory board Wednesday also proposed to make any subsequent kidnapping conviction an automatic Class B felony subject to the mandatory minimum sentencing provisions. Board members noted that if a system of graduated penalties had been in place for repeat kidnapping offenders in 1991, Michael Klunder would have remained incarcerated for a minimum of 17 additional years and would not been free to commit more crimes.

Shepard's family has called on legislators to pass a law modeled after a California statute that ensures those who commit violent crimes against children are put behind bars for life. However, a staff analysis provided to the board Wednesday indicated that many elements of the California law have been enacted or adopted in varying degrees in Iowa.

The report from the Iowa Department of Human Rights' division of criminal and juvenile justice planning statistical analysis center found that there have been 17 kidnapping convictions involving children between 2002 and 2012. Also, in looking specifically at Klunder's case, the analysis determined that the offender's 41-year sentence was subject to the earned time provisions that accrue 1.2 days for each day served without a disciplinary problem, resulting in a discharge date a little more than 18 years after his admission to prison.

Baltimore said his bill would seek to address the good-time credits but conceded that issue “is a little more challenging” as lawmakers look for common ground in an Iowa General Assembly where Republicans control the House and Democrats hold a majority in the Senate.

“For extremely violent offenses or sexually based offenses where children are the victims, I think we need to take a look at whether awarding 1.2 days of good time credit for every day that is served is warranted under those circumstances,” Baltimore said.

Hogg said he would be interested in adding civil commitment requirements or special sentencing provisions with mandatory supervision for sex offenders who complete their prison terms.

“We need to pass legislation to do what we can to reduce the chances for a man like the perpetrator of this murder getting out of prison and doing it again. You can never guarantee people that it won't happen again, but we need to make sure we've done what we can to safeguard our children across the state,” he said.

“Make sure they don't come out and, if they do come out, subjecting them to mandatory supervision,” Hogg added.

Gov. Terry Branstad and key lawmakers have said they are open to considering sentencing changes in the wake of Shepard's death.

“I think it is appropriate that we review these provisions, especially as it affects violent sexual predators who are a bad risk,” Branstad told reporters last June. Branstad spokesman Tim Albrecht said Wednesday the governor would need to review the board's report and recommendation before commenting.

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