House
Study
Bill
711
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
LYKAM)
A
BILL
FOR
An
Act
modifying
sex
offender
registry
provisions,
providing
1
penalties,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
692A.101,
subsection
2,
Code
Supplement
1
2009,
is
amended
to
read
as
follows:
2
2.
a.
“Aggravated
offense
against
a
minor”
means
a
3
conviction
for
any
of
the
following
offenses,
if
such
offense
4
was
committed
against
a
minor,
or
otherwise
involves
a
minor:
5
a.
(1)
Sexual
abuse
in
the
first
degree
in
violation
of
6
section
709.2.
7
b.
(2)
Sexual
abuse
in
the
second
degree
in
violation
of
8
section
709.3.
9
c.
(3)
Sexual
abuse
in
the
third
degree
in
violation
10
of
section
709.4,
except
for
a
violation
of
section
709.4,
11
subsection
2,
paragraph
“c”
,
subparagraph
(4).
12
b.
Any
offense
specified
in
the
laws
of
another
jurisdiction
13
or
prosecuted
in
federal,
military,
or
foreign
court,
that
14
is
comparable
to
an
offense
listed
in
paragraph
“a”
shall
be
15
considered
an
aggravated
offense
against
a
minor
if
such
an
16
offense
was
committed
against
a
minor
or
otherwise
involves
a
17
minor.
18
Sec.
2.
Section
692A.101,
subsection
28,
Code
Supplement
19
2009,
is
amended
to
read
as
follows:
20
28.
a.
“Sex
offense
against
a
minor”
means
an
offense
21
for
which
a
conviction
has
been
entered
for
a
sex
offense
22
classified
as
a
tier
I,
tier
II,
or
tier
III
offense
under
23
this
chapter
if
such
offense
was
committed
against
a
minor,
or
24
otherwise
involves
a
minor.
25
b.
Any
conviction
for
an
offense
specified
in
the
laws
26
of
another
jurisdiction
or
any
conviction
for
an
offense
27
prosecuted
in
federal,
military,
or
foreign
court,
that
is
28
comparable
to
an
offense
under
paragraph
“a”
shall
be
considered
29
a
sex
offense
against
a
minor
if
such
an
offense
was
committed
30
against
a
minor
or
otherwise
involves
a
minor.
31
Sec.
3.
Section
692A.102,
subsection
1,
paragraph
c,
32
Code
Supplement
2009,
is
amended
by
adding
the
following
new
33
subparagraph:
34
NEW
SUBPARAGRAPH
.
(5A).
Penetration
of
the
genitalia
or
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anus
with
an
object
in
violation
of
section
708.2,
subsection
1
5.
2
Sec.
4.
Section
692A.106,
Code
Supplement
2009,
is
amended
3
by
adding
the
following
new
subsection:
4
NEW
SUBSECTION
.
2A.
If
a
sex
offender
is
placed
on
5
probation,
parole,
or
work
release
and
the
probation,
parole,
6
or
work
release
is
revoked,
the
period
of
registration
shall
7
commence
anew
upon
release
from
custody.
8
Sec.
5.
Section
692A.111,
Code
Supplement
2009,
is
amended
9
by
adding
the
following
new
subsection:
10
NEW
SUBSECTION
.
2A.
Any
violation
of
this
chapter
prior
11
to
July
1,
2009,
shall
be
considered
a
previous
offense
for
12
purposes
of
enhancing
any
penalty
or
period
of
registration
13
under
this
chapter.
14
Sec.
6.
Section
692A.123,
Code
Supplement
2009,
is
amended
15
to
read
as
follows:
16
692A.123
Immunity
for
good
faith
conduct.
17
Criminal
or
juvenile
justice
agencies
,
and
employees
of
18
criminal
or
juvenile
justice
agencies
and
state
agencies
,
19
schools
as
defined
in
section
692A.114,
public
libraries,
and
20
child
care
facilities,
and
their
employees
shall
be
immune
21
from
liability
for
acts
or
omissions
arising
from
a
good
faith
22
effort
to
comply
with
this
chapter.
23
Sec.
7.
Section
692A.125,
subsection
2,
paragraph
c,
Code
24
Supplement
2009,
is
amended
to
read
as
follows:
25
c.
Any
sex
offender
who
is
serving
a
special
sentence
26
pursuant
to
section
903B.1
or
903B.2
prior
to
July
1,
2009
,
or
27
any
other
person
who
is
sentenced
for
a
criminal
offense
prior
28
to
July
1,
2009,
that
requires
serving
a
special
sentence
.
29
Sec.
8.
Section
713.3,
Code
2009,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
3.
For
purposes
of
determining
whether
32
the
person
should
register
as
a
sex
offender
pursuant
to
the
33
provisions
of
chapter
692A
for
violations
of
subsection
1,
34
paragraphs
“a”
,
“b”
,
or
“c”
,
the
fact
finder
shall
make
a
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determination
as
provided
in
section
692A.126.
1
Sec.
9.
Section
713.4,
Code
2009,
is
amended
by
adding
the
2
following
new
unnumbered
paragraph
after
unnumbered
paragraph
3
1:
4
NEW
UNNUMBERED
PARAGRAPH
.
For
purposes
of
determining
5
whether
the
person
should
register
as
a
sex
offender
pursuant
6
to
the
provisions
of
chapter
692A,
the
fact
finder
shall
make
a
7
determination
as
provided
in
section
692A.126.
8
Sec.
10.
Section
713.5,
Code
2009,
is
amended
by
adding
the
9
following
new
unnumbered
paragraph
after
unnumbered
paragraph
10
2:
11
NEW
UNNUMBERED
PARAGRAPH
.
For
purposes
of
determining
12
whether
the
person
should
register
as
a
sex
offender
pursuant
13
to
the
provisions
of
chapter
692A,
the
fact
finder
shall
make
a
14
determination
as
provided
in
section
692A.126.
15
Sec.
11.
Section
713.6,
Code
2009,
is
amended
by
adding
the
16
following
new
unnumbered
paragraph
after
unnumbered
paragraph
17
2:
18
NEW
UNNUMBERED
PARAGRAPH
.
For
purposes
of
determining
19
whether
the
person
should
register
as
a
sex
offender
pursuant
20
to
the
provisions
of
chapter
692A,
the
fact
finder
shall
make
a
21
determination
as
provided
in
section
692A.126.
22
Sec.
12.
Section
713.6A,
Code
2009,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
3.
For
purposes
of
determining
whether
25
the
person
should
register
as
a
sex
offender
pursuant
to
the
26
provisions
of
chapter
692A,
the
fact
finder
shall
make
a
27
determination
as
provided
in
section
692A.126.
28
Sec.
13.
Section
713.6B,
Code
2009,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
3.
For
purposes
of
determining
whether
31
the
person
should
register
as
a
sex
offender
pursuant
to
the
32
provisions
of
chapter
692A,
the
fact
finder
shall
make
a
33
determination
as
provided
in
section
692A.126.
34
Sec.
14.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
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of
immediate
importance,
takes
effect
upon
enactment.
1
EXPLANATION
2
This
bill
modifies
sex
offender
registry
provisions.
3
Current
law
in
Code
section
692A.101(2)
specifies
that
4
the
residency
restrictions
under
Code
section
692A.114
apply
5
to
a
person
convicted
of
sexual
abuse
in
the
first
degree
in
6
violation
of
Code
section
709.2,
sexual
abuse
in
the
second
7
degree
in
violation
of
Code
section
709.3,
and
sexual
abuse
in
8
the
third
degree
in
violation
of
Code
section
709.4,
except
for
9
a
violation
of
Code
section
709.4(2)(c)(4).
10
The
bill
provides
that
any
conviction
for
an
offense
11
specified
in
the
laws
of
another
jurisdiction
or
any
conviction
12
for
an
offense
prosecuted
in
federal,
military,
or
foreign
13
court,
that
is
comparable
to
any
offense
listed
in
current
law
14
in
Code
section
692A.101(2)
shall
be
considered
an
aggravated
15
offense
against
a
minor
if
the
offense
was
against
a
minor
or
16
otherwise
involved
a
minor,
making
the
offender
subject
to
17
the
sex
offender
residency
restrictions
under
Code
section
18
692A.114.
19
Current
law
specifies
that
the
exclusionary
zones
and
20
prohibited
employment
provisions
apply
to
a
sex
offender
who
21
commits
a
sex
offense
against
a
minor.
The
bill
provides
that
22
any
conviction
for
an
offense
specified
in
the
laws
of
another
23
jurisdiction
or
any
conviction
for
an
offense
prosecuted
in
24
federal,
military,
or
foreign
court,
that
is
comparable
to
a
25
conviction
for
a
sex
offense
against
a
minor
in
this
state
26
shall
be
considered
a
sex
offense
against
a
minor
in
this
27
state.
28
A
person
who
violates
the
residency
restrictions
exclusions
29
zones,
or
prohibited
employment
provisions
commits
an
30
aggravated
misdemeanor
for
a
first
offense
and
a
class
“D”
31
felony
for
a
second
or
subsequent
offense.
A
person
who
32
commits
additional
criminal
offenses
while
in
violation
of
33
Code
chapter
692A
commits
a
class
“C”
felony
under
certain
34
circumstances.
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The
bill
makes
the
criminal
offense
of
penetration
of
the
1
genitalia
or
anus
with
an
object
under
Code
section
708.2(5)
an
2
offense
that
requires
registration
as
a
sex
offender.
The
bill
3
makes
the
offense
a
tier
III
offense.
An
offense
classified
as
4
a
tier
III
offense
is
considered
the
most
serious
of
offenses.
5
A
tier
III
offender
must
report
to
the
county
sheriff
every
6
three
months
and
is
prohibited
from
applying
for
modification
7
of
the
sex
offender
registry
requirements
for
five
years
from
8
the
date
of
the
commencement
of
the
requirement
to
register.
9
The
bill
provides
that
if
a
sex
offender
is
placed
on
10
probation,
parole,
or
work
release
and
such
status
is
11
subsequently
revoked,
the
registration
period
for
the
sex
12
offender
shall
commence
anew
upon
release
from
custody.
13
The
bill
specifies
that
any
violation
of
Code
chapter
692A
14
prior
to
July
1,
2009,
shall
be
considered
a
previous
offense
15
for
purposes
of
enhancing
any
penalty
or
period
of
registration
16
in
Code
chapter
692A.
17
The
bill
provides
immunity
to
schools,
public
libraries,
18
and
child
care
facilities
and
the
employees
of
such
entities,
19
from
liability
for
acts
or
omissions
arising
from
a
good
faith
20
effort
to
comply
with
the
Code
chapter
692A.
Current
law
21
provides
immunity
to
criminal
and
juvenile
justice
agencies
and
22
state
agencies
and
their
employees.
23
The
bill
provides
that
any
person
who
is
sentenced
for
a
24
criminal
offense
prior
to
July
1,
2009,
that
requires
serving
a
25
special
sentence
shall
register
as
a
sex
offender.
26
The
bill
specifies
in
certain
burglary
related
provisions
27
that
if
a
judge
or
jury
makes
a
determination
beyond
a
28
reasonable
doubt,
that
the
offense
is
sexually
motivated,
the
29
offender
shall
be
required
to
register.
Current
law
specifies
30
this
determination
in
Code
section
692A.126
but
not
in
the
31
existing
burglary
provisions.
32
The
bill
takes
effect
upon
enactment.
33
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