HF 266 (LSB 1259HV (3) 88)

RELATING TO THE CIVIL COMMITMENT OF SEXUALLY VIOLENT  PREDATORS. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229A.2, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  “Presently confined” means incarceration or detention in a correctional facility, a rehabilitation camp, a residential facility, a county jail, a halfway house, or any other comparable facility, including but not limited to placement at such a facility as a condition of probation, parole, or special sentence following conviction for a sexually violent offense.
    Sec. 2.  Section 229A.2, subsection 11, paragraph c, Code 2019, is amended to read as follows:
   c.  Sexual exploitation of a minor in violation of section 728.12, subsection 1.
    Sec. 3.  Section 229A.3, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  This section shall not be construed as a limit on persons subject to commitment under this chapter.
    Sec. 4.  Section 229A.4, subsection 2, paragraph a, Code 2019, is amended to read as follows:
   a.  The person was convicted of a sexually violent offense and has been discharged after the completion of the sentence imposed for the offense is no longer presently confined for that offense.
    Sec. 5.  Section 229A.7, subsection 5, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  At trial, the court shall admit, and the fact finder may rely on, the findings of an administrative parole judge or other agency fact finder.

______________________________
LINDA UPMEYER
Speaker of the House

______________________________
CHARLES SCHNEIDER
President of the Senate

   I hereby certify that this bill originated in the House and is known as House File 266, Eighty-eighth General Assembly.

______________________________
CARMINE BOAL
Chief Clerk of the House

Approved _______________, 2019

______________________________
KIM REYNOLDS
Governor