HOUSE FILE 2134

BY  BERRY

A BILL FOR

An Act requiring notification about certain criminal histories of residents of a health care facility or residential program, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.1, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  14A.  “Personal representative” means an adult person identified by the administrative office of a health care facility or the administrator of a residential program described in section 135C.6, subsection 8, who has periodic contact with the facility or program about the welfare of a resident.
   NEW SUBSECTION.  19A.  “Sex offender” means a person required to register as a sex offender pursuant to chapter 692A who is classified as either a tier II or tier III offender under section 692A.102.
    Sec. 2.  NEW SECTION.  135C.9A  Sex offender registry and criminal records check.
   1.  The administrator or designee of a health care facility or of a residential program described in section 135C.6, subsection 8, shall access and search the sex offender registry established in chapter 692A and request a criminal history data check pursuant to chapter 692 for each new resident of the facility or program prior to or immediately after admitting the new resident into the facility or program.
   2.
  a.  If the administrator or designee of a health care facility or residential program described in section 135C.6, subsection 8, learns that a resident admitted to the facility or program is required to register as a sex offender or has a criminal history that involves an arrest for or conviction of an assault under chapter 708, arson under chapter 712, or a forcible felony as defined in section 702.11, the facility or program shall notify each resident of the facility or program that a sex offender or a person arrested for or convicted of an offense listed in this paragraph has been admitted to the facility or program as a resident.
   b.  The facility or program shall also notify the personal representative of a resident of the admittance of a sex offender required to register or a person arrested for or convicted of an offense listed in paragraph “a”. If a personal representative is unable to be identified, the facility or program shall notify one adult family member of the resident.
   c.  The notification required by this section shall be provided through regular mail or by electronic communication within three business days of learning that a person admitted to the facility or program as a resident is required to register as a sex offender or has been arrested for or convicted of an offense listed in paragraph “a”. The notification shall identify the resident by name and disclose the location of the residence.
   3.  The fee to conduct the criminal history data check required by this section shall be paid by the health care facility or residential program described in section 135C.6, subsection 8.
    Sec. 3.  CONDUCTING A REVIEW OF THE SEX OFFENDER REGISTRY AND PERFORMING A CRIMINAL HISTORY DATA CHECK FOR CURRENT RESIDENTS.  The administrator or designee of a health care facility as defined in section 135C.1 or the administrator of a residential program described in section 135C.6, subsection 8, shall, within thirty days of the effective date of this Act, access and search the sex offender registry established in chapter 692A and request a criminal history data check pursuant to chapter 692 for persons who were residents of the facility or program prior to the effective date of this Act and who remain residents of the facility or program on or after the effective date of this Act.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill relates to notifying residents of a health care facility or residential program about the criminal history of another patient.
   Under the bill, the administrator or designee of a health care facility defined in Code section 135C.1 or the administrator of a residential program described in Code section 135C.6(8) shall access and search the sex offender registry established in Code chapter 692A and request a criminal history data check pursuant to Code chapter 692 for each new resident of the facility or program prior to or immediately after admitting the new resident into the facility or program.
   A health care facility or residential program is also required by the bill to access and search the sex offender registry and request a criminal history data check, within 30 days of the effective date of the bill, for current residents of the facility or program who remain residents of the facility or program on or after the effective date of the bill.
   If the administrator or designee of a health care facility or residential program learns that a resident admitted to the facility or program is required to register as a sex offender or has a criminal history that involves an arrest or conviction for assault under Code chapter 708, arson under Code chapter 712, or a forcible felony as defined in Code section 702.11, the bill requires the facility or program to notify each resident of the facility or program that a sex offender or a person arrested for or convicted of any of the aforementioned offenses has been admitted to the facility or program.
   The bill also requires the administrator or designee of a health care facility or the administrator of a residential program to notify the personal representative or an adult family member of the resident about the admittance of a resident to the facility or program who is a sex offender or a person arrested for or convicted of an assault, arson, or forcible felony.
   The notification required by the bill shall be provided through regular mail or by electronic communication within three business days of the health care facility or residential program learning that a person admitted to the facility or program as a resident is required to register as a sex offender or has been arrested for or convicted of an assault, arson, or forcible felony.
   The bill requires that the notification identify the resident by name and disclose the location of the residence.
   The bill also requires the health care facility or residential program to pay the costs to conduct a criminal history data check for a resident.
   A health care facility or residential program that violates the bill is subject to penalties and inspections specified in Code sections 135C.36 through 135C.48 and classified by the department of inspections and appeals by rule.
   The bill defines “sex offender” to mean a person required to register as a sex offender pursuant to Code chapter 692A who is classified as either a tier II or tier III offender under Code section 692A.102.
   The bill takes effect upon enactment.