SF 328 (LSB 1259SV (1) 88)

SENATE FILE 328

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1070)

(COMPANION TO HF 266 BY COMMITTEE ON JUDICIARY)

A BILL FOR

An Act 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the civil commitment of sexually violent predators under Code chapter 229A.
   Under current law, a “sexually violent offense” for purposes of Code chapter 229A includes the crime of sexual exploitation of a minor by means of employing, using, persuading, inducing, enticing, coercing, soliciting, knowingly permitting, or otherwise causing or attempting to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act which a person knows, or has reason to know, or intends that the act or simulated act may be photographed, filmed, or otherwise preserved in a visual depiction. The bill expands the definition of “sexually violent offense” to include all alternative means by which the crime of sexual exploitation of a minor may be committed to include knowingly promoting any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act, and knowingly purchasing or possessing a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.
   The bill amends Code section 229A.3 relating to notice of discharge requirements imposed on an agency with jurisdiction when a person who is confined due to a charge of or conviction for a sexually violent offense may meet the definition of a sexually violent predator and that person is to be released from confinement. The bill specifies that the Code section only regulates notice given to the attorney general and the multidisciplinary team, and that the Code section shall not be construed as a limit on persons subject to commitment under Code chapter 229A.
   The bill amends Code section 229A.4 concerning when a petition alleging that a person is a sexually violent predator may be filed by a prosecuting attorney or the attorney general. The petition must state sufficient facts to support the allegation if it appears that a person who has committed a recent overt act meets any specified criteria. The bill amends one of those criterion to provide that the petition may allege that the person was convicted of a sexually violent offense and is no longer presently confined for that offense. Under the bill, 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 institution, including but not limited to placement at such an institution as a condition of probation, parole, or special parole following conviction for a sexually violent offense.
   The bill amends Code section 229A.7 relating to trial, determination, and commitment procedures. The bill provides that at trial, a court shall admit, and the fact finder may rely on, the findings of an administrative parole judge or other agency fact finder.