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PAG LIN 1 1 DIVISION I 1 2 Section 1. NEW SECTION. 902.8A LIFE IMPRISONMENT &endash; 1 3 HABITUAL SEX OFFENDER. 1 4 1. An habitual sex offender is any person convicted of a 1 5 serious sex offense, who has, before the commission of the 1 6 offense, been previously convicted of any serious sex offense 1 7 in a court of this or any other state, or of the United 1 8 States. An offense committed in another jurisdiction is a 1 9 serious sex offense for purposes of this section if, by the 1 10 law under which the person is convicted, the court finds that 1 11 the elements of the offense, at the time of the person's 1 12 conviction, are the same as or are substantially similar to 1 13 the elements of any offense that constitutes a serious sex 1 14 offense if committed in this state. A person sentenced as an 1 15 habitual sex offender shall be imprisoned for the rest of the 1 16 person's life and shall not be eligible for parole. Nothing 1 17 in the Iowa corrections code pertaining to deferred judgment, 1 18 deferred sentence, suspended sentence, or reconsideration of 1 19 sentence applies to a sentence as an habitual sex offender. 1 20 2. For purposes of this section, a "serious sex offense" 1 21 means any of the following offenses: 1 22 a. A violation of section 709.3, 709.4, 709.8, 709.11, or 1 23 709.12. 1 24 b. A violation of section 725.3, subsection 2. 1 25 c. A violation of section 726.6, subsection 1, paragraph 1 26 "e", or section 726.6B. 1 27 d. A violation of section 728.12, subsection 1 or 2. 1 28 Sec. 2. Section 902.9, Code 1995, is amended to read as 1 29 follows: 1 30 902.9 MAXIMUM SENTENCE FOR FELONS. 1 31 The maximum sentence for any person convicted of a felony 1 32 shall be that prescribed by statute or, if not prescribed by 1 33 statute, if other than a class "A" felony shall be determined 1 34 as follows: 1 35 1. An habitual sex offender shall be confined for the rest 2 1 of the person's life. 2 2 2. A class "B" felon, not an habitual sex offender, shall 2 3 be confined for no more than twenty-five years. 2 423. An habitual offender shall be confined for no more 2 5 than fifteen years. 2 634. A class "C" felon, not an habitual offender or an 2 7 habitual sex offender, shall be confined for no more than ten 2 8 years, and in addition may be sentenced to a fine of at least 2 9 five hundred dollars but not more than ten thousand dollars. 2 1045. A class "D" felon, not an habitual offender or an 2 11 habitual sex offender, shall be confined for no more than five 2 12 years, and in addition may be sentenced to a fine of at least 2 13 five hundred dollars but not more than seven thousand five 2 14 hundred dollars. A class "D" felon, such felony being for a 2 15 violation of section 321J.2, may be sentenced to imprisonment 2 16 for up to one year in the county jail. 2 17 The criminal penalty surcharge required by section 911.2 2 18 shall be added to a fine imposed on a class "C" or class "D" 2 19 felon, as provided by that section, and is not a part of or 2 20 subject to the maximums set in this section. 2 21 Sec. 3. Section 903.1, subsection 2, Code 1995, is amended 2 22 to read as follows: 2 23 2.WhenExcept as otherwise provided in section 902.8A, 2 24 when a person is convicted of an aggravated misdemeanor, and a 2 25 specific penalty is not provided for, the maximum penalty 2 26 shall be imprisonment not to exceed two years. There shall be 2 27 a fine of at least five hundred dollars but not to exceed five 2 28 thousand dollars. When a judgment of conviction of an 2 29 aggravated misdemeanor is entered against any person and the 2 30 court imposes a sentence of confinement for a period of more 2 31 than one year the term shall be an indeterminate term. 2 32 DIVISION II 2 33 Sec. 4. NEW SECTION. 692A.1 DEFINITIONS. 2 34 As used in this chapter, unless the context otherwise 2 35 requires: 3 1 1. "Bureau" means the department of public safety, 3 2 division of criminal investigation and bureau of 3 3 identification. 3 4 2. "Criminal justice agency" means an agency or department 3 5 of federal, state, or local government or an entity which is 3 6 wholly owned, financed, or controlled by one or more agencies 3 7 or departments of federal, state, or local government, which 3 8 performs as its principal function the apprehension, 3 9 prosecution, adjudication, incarceration, or rehabilitation of 3 10 criminal offenders. 3 11 3. "Department" means the department of public safety. 3 12 4. "Individually identified" means criminal history data 3 13 which relates to a specific person by one or more of the 3 14 following means of identification: 3 15 a. Name and alias if any. 3 16 b. Social security number. 3 17 c. Fingerprints. 3 18 5. "Sex crime" means the commission of any of the 3 19 following public offenses: 3 20 a. Commission of an act prohibited under chapter 709. 3 21 b. Kidnapping, which is accompanied by the intent to 3 22 subject the person kidnapped to sexual abuse, as defined under 3 23 section 710.1, subsection 3. 3 24 c. Burglary or attempted burglary accompanied by the 3 25 intent to commit sexual abuse under chapter 713. 3 26 d. Incest as defined under section 726.2. 3 27 e. Dissemination and exhibition of obscene material to 3 28 minors in violation of section 728.2. 3 29 f. Admitting minors to premises where obscene material is 3 30 exhibited in violation of section 728.3. 3 31 g. Sexual exploitation of a minor in violation of section 3 32 728.12. 3 33 h. Telephone dissemination of obscene material to minors 3 34 in violation of section 728.15. 3 35 i. A public offense committed under any predecessor 4 1 statutes to the public offenses specified under paragraphs "a" 4 2 through "h". 4 3 j. A public offense committed in another jurisdiction 4 4 which would constitute a public offense under paragraphs "a" 4 5 through "h" if committed in this state. 4 6 6. "Sex crimes analysis information" means information and 4 7 analysis of information provided to and used by the sex crimes 4 8 analysis unit of the department of public safety that relates 4 9 to sex crimes and sex offenders. 4 10 7. "Sex offender" means any person who has been convicted 4 11 of or adjudicated delinquent for commission of an act which 4 12 constitutes a sex crime. 4 13 8. "Sex offender registry" means the centralized 4 14 information base maintained by the department of public 4 15 safety. 4 16 Sec. 5. NEW SECTION. 692A.2 WHO MUST REGISTER &endash; 4 17 FREQUENCY OF REGISTRATION &endash; NOTICE OF DUTY TO REGISTER. 4 18 1. A person who is found guilty, pleads guilty, is 4 19 adjudicated delinquent, or is sentenced for a sex crime shall 4 20 register in the manner provided in this chapter. If a 4 21 person's conviction of or delinquency adjudication for 4 22 commission of an act which would constitute a sex crime is 4 23 subsequently set aside or overturned, the person shall not be 4 24 required to register as a sex offender due to the former 4 25 conviction or adjudication. 4 26 2. The department may require a person convicted of or 4 27 adjudicated delinquent for commission of an act which 4 28 constitutes a sex crime who is incarcerated to be registered 4 29 in the county of incarceration. If the registration of 4 30 incarcerated sex offenders is required, the department of 4 31 corrections in the case of persons committed to the custody of 4 32 the director of the department of corrections, the judicial 4 33 district department of correctional services in the case of 4 34 persons assigned to the custody of the judicial district 4 35 department of correctional services, or the department of 5 1 human services in the case of persons who are incarcerated in 5 2 an institution subject to the control of the department of 5 3 human services, shall, upon releasing the offender, notify the 5 4 sheriff of the county to which the person is released. The 5 5 notification does not relieve the person of the duty to 5 6 register. 5 7 3. At the time of adjudication of delinquency or 5 8 sentencing or, if the person is to be released from physical 5 9 custody prior to adjudication of delinquency or sentencing, at 5 10 the time of entry of a guilty plea or entry of a verdict of 5 11 guilty, the court shall notify the sex offender of the 5 12 person's duty to register. Failure of the court to notify a 5 13 person of the duty to register does not relieve the sex 5 14 offender of the duty to register. 5 15 4. Upon entry of sentence, adjudication of delinquency, 5 16 acceptance of a plea of guilty, or entry of a verdict of 5 17 guilty for a sex offense, the clerk shall forward copies of 5 18 each court order and other relevant documents filed or entered 5 19 in the case to the department. 5 20 Sec. 6. NEW SECTION. 692A.3 ANNUAL REGISTRATION 5 21 REQUIRED. 5 22 Each sex offender shall, within ten days of release from 5 23 physical custody, register initially as a sex offender with 5 24 the sheriff of the county in which the sex offender takes up 5 25 temporary or permanent residence. A sex offender shall 5 26 register annually with the county sheriff. Renewals of 5 27 registration shall be completed no later than January 15. 5 28 A sex offender who is age eighteen or older at the time of 5 29 conviction of the sex crime shall register annually during the 5 30 ten-year period which begins either with the date of 5 31 conviction for the sex crime or the date of the person's 5 32 release from custody, whichever date occurs later. Sex 5 33 offenders who are under the age of eighteen at the time of 5 34 their adjudication of delinquency for an act which constitutes 5 35 a sex crime shall register annually until the person reaches 6 1 the age of twenty-five. 6 2 If a sex offender maintains more than one residence, the 6 3 sex offender shall register in each county of residence in the 6 4 manner required by the department. If the sex offender 6 5 maintains a mobile residence, the sex offender shall register 6 6 any address at which the offender resides for more than seven 6 7 days and include the vehicle identification number of the 6 8 mobile residence in the offender's registration information. 6 9 If a sex offender who is required to register under this 6 10 chapter changes the offender's temporary or permanent 6 11 residence, the person shall register with the sheriff of the 6 12 county in which the new residence is located, within seven 6 13 days of the date on which the offender's residence changes. 6 14 The sheriff shall transmit the registration information to the 6 15 department in the manner provided by rules adopted by the 6 16 department. 6 17 Sec. 7. NEW SECTION. 692A.4 REGISTRATION PROCEDURES. 6 18 The department shall adopt rules and develop appropriate 6 19 forms regarding the registration of sex offenders which 6 20 include, but are not limited to, all of the following: 6 21 1. REGISTRATION FORM AND CONTENTS. The department shall 6 22 develop a standard registration form for use in offender 6 23 registration. Forms developed shall include information 6 24 regarding the sex offender's specific address, including the 6 25 street name, house, apartment or lot number, any post office 6 26 box, and plat number; a physical description of the residence; 6 27 and a current telephone number. Forms developed shall permit 6 28 the addition of other relevant information, such as, but not 6 29 limited to, fingerprints, photographs, and other relevant 6 30 information. 6 31 2. AVAILABILITY OF FORMS. Rules adopted shall provide 6 32 that registration forms shall be available in each county 6 33 sheriff's office, and at each facility in which sex offenders 6 34 are incarcerated if the registration of incarcerated sex 6 35 offenders is required. Copies of the form shall be available 7 1 to any person upon request. 7 2 3. REGISTRATION PROCEDURES. Rules adopted shall establish 7 3 a procedure for initial registration, registering a change of 7 4 address, a procedure for registering multiple residences, if 7 5 more than one residence is maintained by an offender, and a 7 6 procedure for renewal of registrations. Procedures 7 7 established shall include a provision requiring registration 7 8 with the sheriff of the county of a new residence within seven 7 9 days of changing or adding a residence as the offender's 7 10 permanent or temporary address. Rules adopted shall permit 7 11 the sheriff of a county who receives a registration due to 7 12 change of address, additional residences, or renewal of an old 7 13 registration to require the inclusion of new fingerprints, 7 14 photographs, or other relevant information as part of the 7 15 offender's registration. 7 16 4. DUTIES OF THE SHERIFF. Rules shall establish the 7 17 duties of the sheriff regarding registration forms and 7 18 information and shall include a duty to transmit all 7 19 information received to the department. 7 20 Sec. 8. NEW SECTION. 692A.5 REGISTRY CONFIDENTIAL. 7 21 1. The sex offender registry is a confidential record 7 22 under section 22.7, subsection 9, and shall only be used for 7 23 legitimate law enforcement purposes. In cases in which 7 24 members of the department are participating in an 7 25 investigation or arrest, or where the department has entered 7 26 into an agreement with officers of other criminal justice 7 27 agencies regarding dissemination of information, the 7 28 department may disseminate sex offender registry information 7 29 and sex crimes analysis information in the manner provided in 7 30 section 692A.6. 7 31 2. Except in cases in which members of the department are 7 32 participating in an investigation or arrest, the department 7 33 and bureau may provide copies or communicate information from 7 34 the sex offender registry to the following: 7 35 a. Criminal justice agencies. 8 1 b. Other public agencies, as authorized by the 8 2 commissioner of public safety. 8 3 c. The Iowa department of human services for the purposes 8 4 of carrying the duties or requirements of section 218.13, 8 5 section 232.71, subsection 1, section 232.142, section 237.8, 8 6 subsection 2, sections 237A.5 and 237A.20, section 600.8, 8 7 subsections 1 and 2, and section 812.1. 8 8 d. The Iowa department of public health for the purposes 8 9 of screening employees and applicants for positions of 8 10 employment in health care facilities or in substance abuse 8 11 treatment programs which admit juveniles and are licensed 8 12 under chapter 125. 8 13 e. Licensed private child care and child placement 8 14 agencies and certified adoption investigators for purposes of 8 15 carrying out the requirements of section 237.8, subsection 2, 8 16 and section 600.8, subsections 1 and 2. 8 17 f. A psychiatric medical institution for children licensed 8 18 under chapter 135H for purposes of meeting the requirements 8 19 specified in section 237.8, subsection 2, and section 600.8, 8 20 subsections 1 and 2. 8 21 g. The board of educational examiners for purposes of 8 22 carrying out duties imposed under section 272.2, subsection 8 23 14. 8 24 3. The bureau shall maintain a list showing the individual 8 25 or agency to whom the information is disseminated and the date 8 26 of dissemination. 8 27 4. A person authorized to receive sex offender registry 8 28 information shall request and may receive the information only 8 29 when both of the following conditions apply: 8 30 a. The information is for official purposes and is in 8 31 connection with prescribed duties or required pursuant to 8 32 section 237.8, subsection 2, or section 237A.5. 8 33 b. The request for information is based upon a name, 8 34 fingerprints, or other individual identifying characteristics. 8 35 5. Notwithstanding provisions of this section to the 9 1 contrary, the department may provide copies or communicate 9 2 information from the sex offender registry to any youth 9 3 service agency approved by the commissioner of public safety. 9 4 Sex offender registry information provided by the department 9 5 or bureau to authorized youth service agencies shall be 9 6 limited to information regarding applicants for paid or 9 7 voluntary positions, if those positions would place the 9 8 applicant in direct contact with children. The department 9 9 shall adopt rules that establish criteria for the 9 10 qualification and approval of youth service agencies that may 9 11 receive sex offender registry information. 9 12 6. The department may charge a fee to any non-law 9 13 enforcement agency for conducting sex offender registry checks 9 14 and otherwise performing duties related to providing access to 9 15 sex offender registry information. The amount of the fee 9 16 shall be set by the commissioner of public safety, but shall 9 17 be equal to the lesser of either the cost incurred in 9 18 providing the information or twenty dollars for each 9 19 individual check requested. Notwithstanding any other 9 20 provision to the contrary, the department may use moneys from 9 21 the fee to employ clerical personnel to process sex offender 9 22 registry checks for non-law enforcement purposes. 9 23 7. Information contained in the registry may be 9 24 disseminated to law enforcement agencies in Iowa and other 9 25 jurisdictions. 9 26 8. The department shall adopt rules to administer this 9 27 section. 9 28 Sec. 9. NEW SECTION. 692A.6 REDISSEMINATION OF SEX 9 29 OFFENDER REGISTRY INFORMATION. 9 30 1. Except as otherwise provided in this section, a person 9 31 or agency receiving sex offender registry information from the 9 32 department or bureau shall not redisseminate the information, 9 33 unless all of the following apply: 9 34 a. The information is for official purposes in connection 9 35 with prescribed duties of a criminal justice agency. 10 1 b. The agency maintains a list of the persons receiving 10 2 the information and the date and purpose of the dissemination. 10 3 c. The request for information is based upon a name, 10 4 fingerprints, or other individual identifying characteristics. 10 5 2. The department of human services may redisseminate sex 10 6 offender registry information obtained pursuant to section 10 7 692A.5, to persons licensed, registered, or certified under 10 8 chapters 237, 237A, 238, and 600 for the purposes of section 10 9 237.8, subsection 2, and section 237A.5. A person who 10 10 receives information pursuant to this subsection shall not use 10 11 the information other than for purposes of section 237.8, 10 12 subsection 2, section 237A.5, or section 600.8, subsections 1 10 13 and 2. A person who receives sex offender registry 10 14 information pursuant to this subsection and who uses the 10 15 information for purposes other than those permitted by this 10 16 subsection or who communicates the information to another 10 17 person except for the purposes permitted by this subsection is 10 18 guilty of an aggravated misdemeanor. 10 19 3. The Iowa department of public health may redisseminate 10 20 sex offender registry information obtained pursuant to section 10 21 692A.5, subsection 2, to administrators of facilities licensed 10 22 under chapter 125 which admit juveniles. Persons who receive 10 23 sex offender registry information pursuant to this subsection 10 24 shall not use the information other than for the purpose of 10 25 screening employees and applicants for employment in substance 10 26 abuse programs which admit juveniles and are licensed under 10 27 chapter 125. A person who receives sex offender registry 10 28 information pursuant to this subsection and who uses it for 10 29 any other purposes or who communicates the information to any 10 30 other person other than for the purposes permitted by this 10 31 subsection is guilty of an aggravated misdemeanor. 10 32 4. A peace officer, criminal justice agency, or state or 10 33 federal regulatory agency shall not redisseminate sex crimes 10 34 analysis information outside the agency, received from the 10 35 department or bureau or from any other source, except as 11 1 provided in subsection 1, paragraphs "a" through "c". 11 2 Sec. 10. NEW SECTION. 692A.7 FAILURE TO COMPLY. 11 3 Failure to register as required under this chapter is a 11 4 serious misdemeanor for a first offense, an aggravated 11 5 misdemeanor for a second offense, and a class "D" felony for a 11 6 third or subsequent offense. Any fine imposed for a second or 11 7 subsequent offense shall not be suspended. The court shall 11 8 not defer the judgment or sentence for any violation of this 11 9 chapter. The failure of a sex offender who is on probation or 11 10 parole to register as required under this chapter shall result 11 11 in the automatic revocation of the sex offender's probation or 11 12 parole. 11 13 A conviction for, deferred judgment for, or plea of guilty 11 14 to, a violation of this section which occurred more than ten 11 15 years prior to the date of the violation charged shall not be 11 16 considered in determining that the violation charged is a 11 17 second, third, or subsequent offense. For purposes of 11 18 determining if a violation is a second or subsequent offense, 11 19 deferred judgments entered pursuant to section 907.3 for 11 20 violations of this section and convictions or the equivalent 11 21 of deferred judgments entered for violations in any other 11 22 states under sex offender registry provisions that are 11 23 substantially similar to those contained in this section shall 11 24 be counted as previous offenses. The court shall judicially 11 25 notice the statutes of other states which establish offenses 11 26 substantially equivalent to this section. Each violation for 11 27 which a conviction or deferral judgment is entered prior to 11 28 the date of the violation charged shall be considered and 11 29 counted as a separate previous offense. 11 30 Sec. 11. NEW SECTION. 692A.8 ACQUITTALS BY REASON OF 11 31 INSANITY &endash; PSYCHIATRIC EVALUATION. 11 32 If a person is found not guilty by reason of insanity of 11 33 any sex crime, the court shall order that the person undergo 11 34 an independent psychiatric evaluation in order to determine 11 35 whether the offender suffers from a permanent psychiatric 12 1 disorder, and whether the disorder can be treated. The 12 2 results of the examination shall be reported to the court. 12 3 Sec. 12. NEW SECTION. 692A.9 SEX CRIMES ANALYSIS UNIT. 12 4 If the commissioner of public safety determines that 12 5 sufficient funds are appropriated or received, the department 12 6 shall establish a sex crimes analysis unit to maintain the sex 12 7 offender registry, to conduct research and analysis related to 12 8 sex crimes and sex offenders, and to perform other duties 12 9 required under this chapter. 12 10 Sec. 13. NEW SECTION. 692A.10 REDISSEMINATION OF SEX 12 11 CRIMES ANALYSIS INFORMATION. 12 12 1. Information obtained by the sex crimes analysis unit is 12 13 a confidential record under section 22.7, subsection 9. The 12 14 department or bureau may compile and disseminate sex crimes 12 15 analysis information to criminal justice agencies for official 12 16 law enforcement purposes. The department may compile and 12 17 disseminate sex crimes analysis information in the form of 12 18 statistical or law enforcement reports derived from sex crimes 12 19 analysis information or as the basis of further study if 12 20 individual identities are not ascertainable. 12 21 The bureau, with the approval of the commissioner of public 12 22 safety, may disseminate sex crimes analysis information to 12 23 persons conducting bona fide research, if the data is not 12 24 individually identified. 12 25 2. The department may compile and disseminate sex crimes 12 26 analysis information that may aid in the investigation, 12 27 apprehension, or prosecution of a criminal case to criminal 12 28 justice agencies. The information shall not be redisseminated 12 29 unless the redissemination is to aid in the investigation, 12 30 apprehension, or prosecution of a suspect. 12 31 Sec. 14. NEW SECTION. 692A.11 REGISTRY ADMINISTRATION 12 32 FUND. 12 33 A registry administration fund is created as a repository 12 34 for the moneys collected as a result of the imposition of the 12 35 civil penalty under section 901.11 and any additional funds 13 1 that may be appropriated by the general assembly or received 13 2 from other sources. The fund is established as a separate 13 3 fund in the state treasury and, notwithstanding section 8.33, 13 4 any balance remaining in the fund on June 30 of any fiscal 13 5 year shall not revert to the general fund of the state. 13 6 Moneys in the fund are appropriated for and shall be used to 13 7 cover the costs incurred by the sex crimes analysis unit to 13 8 maintain the sex offender registry and perform the other 13 9 duties required under this chapter. 13 10 Sec. 15. NEW SECTION. 901.11 CIVIL PENALTY FOR SEX 13 11 OFFENDERS. 13 12 A person who is found guilty, pleads guilty, or is 13 13 sentenced for any crime included in chapter 709; kidnapping, 13 14 which is accompanied by the intent to subject the person 13 15 kidnapped to sexual abuse, as defined under section 710.1, 13 16 subsection 3; burglary or attempted burglary accompanied by 13 17 the intent to commit sexual abuse under chapter 713; incest as 13 18 defined under section 726.2; dissemination and exhibition of 13 19 obscene material to minors in violation of section 728.2; 13 20 admitting minors to premises where obscene material is 13 21 exhibited in violation of section 728.3; sexual exploitation 13 22 of a minor in violation of section 728.12; or telephone 13 23 dissemination of obscene material to minors in violation of 13 24 section 728.15 shall, in addition to any other penalty, be 13 25 assessed a civil penalty of one hundred dollars. The money 13 26 collected under this section shall be transmitted to the 13 27 treasurer of state who shall deposit the money in the registry 13 28 administration fund established under section 692A.11. 13 29 Sec. 16. Section 907.3, subsection 1, Code 1995, is 13 30 amended by adding the following new paragraph: 13 31 NEW PARAGRAPH. j. The offense is a failure to register in 13 32 violation of chapter 692A. 13 33 Sec. 17. Section 907.3, subsection 2, Code 1995, is 13 34 amended to read as follows: 13 35 2. At the time of or after pronouncing judgment and with 14 1 the consent of the defendant, the court may defer the sentence 14 2 and assign the defendant to the judicial district department 14 3 of correctional services. However, the court shall not defer 14 4 the sentence for a violation of section 708.2A if the 14 5 defendant has previously received a deferred judgment or 14 6 sentence for a violation of section 708.2 or 708.2A which was 14 7 issued on a domestic abuse assault, or if similar relief was 14 8 granted anywhere in the United States concerning that 14 9 jurisdiction's statutes which substantially correspond to 14 10 domestic abuse assault as provided in section 708.2A. In 14 11 addition, the court shall not defer a sentence if it is 14 12 imposed for contempt pursuant to section 236.8 or 236.14, or 14 13 if it is imposed for a violation of chapter 692A. Upon a 14 14 showing that the defendant is not fulfilling the conditions of 14 15 probation, the court may revoke probation and impose any 14 16 sentence authorized by law. Before taking such action, the 14 17 court shall give the defendant an opportunity to be heard on 14 18 any matter relevant to the proposed action. Upon violation of 14 19 the conditions of probation, the court may proceed as provided 14 20 in chapter 908. 14 21 EXPLANATION 14 22 Division I of this bill provides that a person who is 14 23 convicted two times of a crime that is classified as a serious 14 24 sex offense is to be imprisoned for the rest of the person's 14 25 life. The term "serious sex offense" is defined to include 14 26 certain violations of the sexual abuse chapter, pandering 14 27 involving a minor, child endangerment involving physical or 14 28 sexual abuse, and sexual exploitation of a minor. Persons 14 29 sentenced as an habitual sex offender are not eligible for 14 30 parole, a suspended or deferred sentence, or deferred 14 31 judgment. 14 32 Division II of this bill establishes a registry for and 14 33 imposes a requirement to register on persons who have been 14 34 convicted of, adjudicated delinquent for an act which 14 35 constitutes, or have been sentenced for an act which is 15 1 defined as a sex offense. Sex offenses include any of the 15 2 offenses listed in the chapter regarding sexual abuse; 15 3 kidnapping, if the act includes the intent to subject the 15 4 person kidnapped to sexual abuse; incest; burglary or 15 5 attempted burglary which is accompanied by the intent to 15 6 commit sexual abuse under chapter 713; sexual exploitation of 15 7 a minor; dissemination and exhibition of obscene material to 15 8 minors; admitting minors to premises where obscene material is 15 9 exhibited; any public offense under any predecessor statutes 15 10 to those which define the crimes previously enumerated; and 15 11 any public offense committed in another jurisdiction that is 15 12 equivalent to the offenses previously enumerated. The 15 13 department of public safety is required to develop forms and 15 14 adopt rules necessary to implement the registry, including 15 15 rules relating to initial registration, registration renewals, 15 16 registration of changes in address, registration of multiple 15 17 addresses, and registration of mobile dwellings. The 15 18 department is also required to develop a standard form for use 15 19 in the registry and adopt rules relating to when and where the 15 20 form is to be made available and filed, as well as rules that 15 21 define the duties of the county sheriff relating to 15 22 information in the form. 15 23 The court is required to provide notice, before the 15 24 offender's release, to sex offenders of the duty to register. 15 25 Failure to provide the notice does not relieve an offender of 15 26 the duty to register. The registry is deemed a criminal 15 27 identification file of a law enforcement agency and is 15 28 therefore a confidential record under the public records law. 15 29 Restrictions are placed on the redissemination of sex offender 15 30 registry information. A failure to register as required under 15 31 the bill is a serious misdemeanor for a first offense, an 15 32 aggravated misdemeanor for a second offense, and a class "D" 15 33 felony for a third or subsequent offense. A failure to 15 34 register will result in the automatic revocation of the 15 35 probation or parole of a sex offender. Persons who are 16 1 convicted of a failure to register as a sex offender are 16 2 ineligible for deferred judgments or deferred sentences. 16 3 Contingent upon funding, the department is required to 16 4 establish a sex crimes analysis unit to manage the registry 16 5 and to conduct research and analysis related to sex crimes and 16 6 sex offenders. Sex crimes analysis information is also 16 7 confidential record under the public records law and 16 8 restrictions are placed on the redissemination of sex crimes 16 9 analysis information. A new civil penalty is established for 16 10 sex offenders, which is to be deposited in a special fund, 16 11 appropriated, and used to defray the costs of the sex crimes 16 12 analysis unit. 16 13 This bill may create a state mandate under chapter 25B. 16 14 LSB 1047HH 76 16 15 lh/cf/24
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