Text: HF00101 Text: HF00103 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 692A.1 DEFINITIONS.
1 2 As used in this chapter and unless the context otherwise
1 3 requires:
1 4 1. "Convicted" or "conviction" means a person who is found
1 5 guilty of, pleads guilty to, or is sentenced or adjudicated
1 6 delinquent for an act which is a public offense in this state
1 7 or in another jurisdiction, including, but not limited to, a
1 8 person who has received a deferred sentence or a deferred
1 9 judgment and a person who has been found not guilty by reason
1 10 of insanity. "Convicted" or "conviction" does not mean a
1 11 plea, sentence, adjudication, deferral of sentence or judgment
1 12 which has been reversed or otherwise set aside.
1 13 2. a. "Criminal offense against a minor" means any of the
1 14 following criminal offenses or conduct:
1 15 (1) Kidnapping of a minor, except when committed by a
1 16 parent.
1 17 (2) False imprisonment of a minor, except when committed
1 18 by a parent.
1 19 (3) Any public offense involving sexual conduct directed
1 20 toward a minor.
1 21 (4) Solicitation of a minor to engage in an illegal sex
1 22 act.
1 23 (5) Use of a minor in a sexual performance.
1 24 (6) Solicitation of a minor to practice prostitution.
1 25 (7) Any public offense against a minor involving sexual
1 26 contact with the minor.
1 27 (8) An attempt to commit an offense enumerated in this
1 28 subsection.
1 29 (9) A public offense committed in another jurisdiction
1 30 which would constitute a public offense under subparagraphs
1 31 (1) through (8).
1 32 b. "Criminal offense against a minor" does not mean
1 33 conduct which is criminal only because of the age of the
1 34 victim if the perpetrator is eighteen years of age or younger
1 35 at the time of the conduct.
2 1 3. "Department" means the department of public safety.
2 2 4. "Law enforcement agency" means an agency or department
2 3 of federal, state, or local government or an entity which is
2 4 wholly owned, financed, or controlled by one or more agencies
2 5 or departments of federal, state, or local government, which
2 6 performs as its principal function the apprehension,
2 7 prosecution, adjudication, incarceration, or rehabilitation of
2 8 criminal offenders.
2 9 5. "Residence" means the place where a person sleeps,
2 10 which may include more than one location, and may be mobile or
2 11 transitory.
2 12 6. "Sexually violent offense" means any of the following
2 13 public offenses:
2 14 a. Sexual abuse as defined under section 709.1.
2 15 b. Assault with intent to commit sexual abuse in violation
2 16 of section 709.11.
2 17 c. Sexual exploitation by a counselor or therapist in
2 18 violation of section 709.15.
2 19 d. Sexual misconduct with offenders in violation of
2 20 section 709.16.
2 21 e. Any of the following offenses, if the offense involves
2 22 sexual abuse or attempted sexual abuse: murder, kidnapping,
2 23 or burglary.
2 24 f. A public offense committed in another jurisdiction
2 25 which would constitute a public offense under paragraphs "a"
2 26 through "e" if committed in this state.
2 27 Sec. 2. NEW SECTION. 692A.2 PERSONS REQUIRED TO
2 28 REGISTER.
2 29 1. A person who has been convicted of or acquitted by
2 30 reason of insanity of either a criminal offense against a
2 31 minor or a sexually violent offense shall register as provided
2 32 in this chapter for a period of ten years commencing from the
2 33 date of placement on probation, parole, work release, or other
2 34 release from custody. A person is not required to register
2 35 while incarcerated. If a person is placed on probation,
3 1 parole, or work release and the probation, parole, or work
3 2 release is revoked, the ten years shall commence anew upon
3 3 release from custody.
3 4 2. A person who has been convicted of an offense under the
3 5 laws of another state which would qualify the person as a
3 6 sexually violent predator under the federal Violent Crime
3 7 Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,
3 8 shall register as provided in this chapter for an
3 9 indeterminate period terminating only upon a determination by
3 10 the sentencing court of the other state that registration is
3 11 no longer required.
3 12 Sec. 3. NEW SECTION. 692A.3 REGISTRATION PROCESS.
3 13 1. A person required to register under this chapter shall
3 14 register with the sheriff of the county of the person's
3 15 residence within ten days of establishment of residence in
3 16 this state or within ten days of any conviction for which the
3 17 person is not incarcerated, a release from custody, or
3 18 placement on probation, parole, or work release.
3 19 2. A person required to register under this chapter shall,
3 20 within ten days of changing residence within a county in this
3 21 state, notify the sheriff of the county in which the person is
3 22 registered of the change of address and any changes in the
3 23 person's telephone number in writing on a form provided by the
3 24 sheriff. The sheriff shall send a copy of the change of
3 25 address to the department within three working days of receipt
3 26 of notice of the address change.
3 27 3. A person required to register under this chapter shall
3 28 register with the sheriff of a county in which residence has
3 29 been newly established and notify the sheriff of the county in
3 30 which the person was registered, within ten days of changing
3 31 residence to a location outside the county in which the person
3 32 was registered. Registration shall be in writing on a form
3 33 provided by the sheriff and shall include the person's change
3 34 of address and any changes to the person's telephone number.
3 35 The sheriff shall send a copy of the change of address to the
4 1 department within three working days of receipt of notice of
4 2 the address change.
4 3 4. A person required to register under this chapter shall
4 4 notify the sheriff of the county in which the person is
4 5 registered, within ten days of changing residence to a
4 6 location outside this state, of the new residence address and
4 7 any changes in telephone number and shall register in the
4 8 other state within the ten days, if persons are required to
4 9 register under the laws of the other state. The sheriff shall
4 10 send a copy of the change of address to the department within
4 11 three working days of receipt of notice of the address change.
4 12 5. The collection of information by a court or releasing
4 13 agency under section 692A.5 shall serve as the person's
4 14 initial registration for purposes of this section. The court
4 15 or releasing agency shall forward a copy of the registration
4 16 to the department within three working days of completion of
4 17 registration.
4 18 Sec. 4. NEW SECTION. 692A.4 VERIFICATION OF ADDRESS.
4 19 1. The address of a person required to register under this
4 20 chapter shall be verified annually as follows:
4 21 a. On a date which falls within the month in which the
4 22 person was initially required to register, the department
4 23 shall mail a verification form to the last reported address of
4 24 the person. Verification forms shall not be forwarded to the
4 25 person who is required to register under this chapter if the
4 26 person no longer resides at the address, but shall be returned
4 27 to the department.
4 28 b. The person shall complete and mail the verification to
4 29 the department within ten days of receipt of the form.
4 30 c. The verification form shall be signed by the person,
4 31 and state the address at which the person resides. If the
4 32 person is in the process of changing residences, the person
4 33 shall state that fact as well as the old and new addresses or
4 34 places of residence.
4 35 2. Verification of address for a person who has been
5 1 convicted of an offense under the laws of another state which
5 2 would qualify the person as a sexually violent predator under
5 3 the federal Violent Crime Control and Law Enforcement Act of
5 4 1994, Pub. L. No. 103-322, shall be accomplished in the same
5 5 manner as in subsection 1, except that the verification shall
5 6 be done every three months at times established by the
5 7 department.
5 8 Sec. 5. NEW SECTION. 692A.5 DUTY TO FACILITATE
5 9 REGISTRATION.
5 10 1. When a person who is required to register under this
5 11 chapter is released from confinement from a jail, prison,
5 12 juvenile facility, or other correctional institution or
5 13 facility, or when such a person is convicted but not
5 14 incarcerated, the warden or superintendent, or in the case of
5 15 conviction without incarceration, the court, shall do the
5 16 following prior to release or sentencing of the convicted
5 17 person:
5 18 a. Obtain fingerprints and a photograph of the person if
5 19 fingerprints and a photograph have not already been obtained
5 20 in connection with the offense that triggers registration. A
5 21 current photograph may also be required.
5 22 b. Inform the person of the duty to register.
5 23 c. Inform the person that, within ten days of changing
5 24 residence, registration with the sheriff in the county in
5 25 which residence is established is required, if the residence
5 26 is within the state.
5 27 d. Inform the person that if the person moves their
5 28 residence to another state, the person must give the person's
5 29 new address to the sheriff's department in the county of the
5 30 person's old residence within ten days of changing addresses,
5 31 and that, if the other state has a registration requirement,
5 32 the person is also required to register in the new state of
5 33 residence, not later than ten days after establishing
5 34 residence in the other state.
5 35 e. Require the person to read and sign a form stating that
6 1 the duty of the person to register under this chapter has been
6 2 explained. If the person cannot read, is unable to write, or
6 3 refuses to cooperate, the duty and the form shall be explained
6 4 orally and a written record maintained by the person
6 5 explaining the duty and the form.
6 6 2. When a person who is required to register under this
6 7 chapter is released from confinement from a jail, prison,
6 8 juvenile facility, or other correctional institution or
6 9 facility, or when such a person is convicted but not
6 10 incarcerated, the warden or superintendent, or in the case of
6 11 conviction without incarceration, the court, shall verify that
6 12 the person has completed initial registration forms, and
6 13 accept the forms on behalf of the sheriff of the county of
6 14 registration. The warden or superintendent or the court shall
6 15 send a copy of the initial registration form to the department
6 16 within three working days of completion of the registration.
6 17 Probation, parole, work release, or any other form of release
6 18 after conviction shall not be granted unless the person has
6 19 registered as required under this chapter.
6 20 3. The warden or superintendent, or in the case the person
6 21 is placed on probation, the court, shall forward one copy of
6 22 the registration to the department and one copy to the sheriff
6 23 of the county in which the person is to reside within three
6 24 days after completion of the registration.
6 25 Sec. 6. NEW SECTION. 692A.6 CIVIL PENALTY FOR SEX
6 26 OFFENDERS.
6 27 1. In addition to any other penalty, at the time of
6 28 conviction for a public offense committed on or after the
6 29 effective date of this chapter which requires a person to
6 30 register under this chapter, the person shall be assessed a
6 31 civil penalty of one hundred dollars, to be payable in the
6 32 same manner as a fine.
6 33 2. The clerk of the district court shall transmit money
6 34 collected under this section each month to the treasurer of
6 35 state, who shall deposit the money in the sex offender
7 1 registry fund established under section 692A.11.
7 2 Sec. 7. NEW SECTION. 692A.7 FAILURE TO COMPLY &endash;
7 3 PENALTY.
7 4 1. Failure to register as required under this chapter is a
7 5 serious misdemeanor for a first offense, an aggravated
7 6 misdemeanor for a second offense, and a class "D" felony for a
7 7 third or subsequent offense. Any fine imposed for a second or
7 8 subsequent offense shall not be suspended. The court shall
7 9 not defer judgment or sentence for any violation of the
7 10 registration requirements of this chapter. The failure of a
7 11 person who is on probation, parole, or work release, or any
7 12 other form of release to register as required under this
7 13 chapter shall result in the automatic revocation of the
7 14 person's probation, parole, or work release.
7 15 2. In determining if a violation is a second or subsequent
7 16 offense, a conviction for a violation of this section which
7 17 occurred more than ten years prior to the date of the
7 18 violation charged shall not be considered in determining that
7 19 the violation charged is a second, third, or subsequent
7 20 offense. Violations in any other states under sex offenders
7 21 registry provisions that are substantially similar to those
7 22 contained in this section shall be counted as previous
7 23 offenses. The court shall judicially notice the statutes of
7 24 other states which are substantially equivalent to this
7 25 section.
7 26 Sec. 8. NEW SECTION. 692A.8 DETERMINATION OF REQUIREMENT
7 27 TO REGISTER.
7 28 1. A person who is registered under this chapter may
7 29 request that the department determine whether the offense for
7 30 which the person has been convicted requires the person to
7 31 register under this chapter or whether the period of time
7 32 during which the person is obligated to register under this
7 33 chapter has expired.
7 34 2. Application for determination shall be made on forms
7 35 provided by the department and accompanied by copies of
8 1 sentencing or adjudicatory orders with respect to each offense
8 2 for which the person asks that a determination be made.
8 3 3. The department shall, within ninety days of the filing
8 4 of the request, determine whether the person is required to
8 5 register under this chapter.
8 6 Sec. 9. NEW SECTION. 692A.9 REGISTRATION FORMS.
8 7 Registration forms shall be prepared by the department and
8 8 shall include the registrant's name, the registrant's current
8 9 address, and, if applicable, the registrant's telephone
8 10 number. The forms may provide for the reporting of additional
8 11 relevant information such as, but not limited to, fingerprints
8 12 and photographs. Copies of blank forms shall be available
8 13 upon request to any person from the sheriff.
8 14 Sec. 10. NEW SECTION. 692A.10 DEPARTMENT DUTIES &endash;
8 15 REGISTRY.
8 16 The department shall perform all of the following duties:
8 17 1. Develop and disseminate standard forms for use in
8 18 registering of, verifying addresses of, and verifying
8 19 understanding of registration requirements by persons required
8 20 to register under this chapter. Forms used to verify
8 21 addresses of persons required to register under this chapter
8 22 shall contain a warning against forwarding of the forms and of
8 23 the requirement to return the forms if the person to whom the
8 24 form is directed no longer resides at the address listed on
8 25 the form or the mailing.
8 26 2. Maintain a central registry of information collected
8 27 from persons required to register under this chapter, which
8 28 shall be known as the sex offender registry.
8 29 3. In consultation with the attorney general, adopt rules
8 30 under chapter 17A which list specific offenses under present
8 31 and former law which constitute criminal offenses against a
8 32 minor under this chapter.
8 33 4. Adopt rules under chapter 17A, as necessary, to ensure
8 34 compliance with registration and verification requirements of
8 35 this chapter, to provide guidelines for persons required to
9 1 assist in obtaining registry information, and to provide a
9 2 procedure for the dissemination of information contained in
9 3 the registry.
9 4 Sec. 11. NEW SECTION. 692A.11 SEX OFFENDER REGISTRY
9 5 FUND.
9 6 A sex offender registry fund is established as a separate
9 7 fund within the state treasury under the control of the
9 8 department. The fund shall consist of moneys received as a
9 9 result of the imposition of the penalty imposed under section
9 10 692A.6 and other funds allocated for purposes of establishing
9 11 and maintaining the sex offender registry, conducting research
9 12 and analysis related to sex crimes and offenders, and to
9 13 perform other duties required under this chapter.
9 14 Notwithstanding section 8.33, unencumbered or unobligated
9 15 moneys and any interest remaining in the fund on June 30 of
9 16 any fiscal year shall not revert to the general fund of the
9 17 state, but shall remain available for expenditure in
9 18 subsequent fiscal years.
9 19 Sec. 12. NEW SECTION. 692A.12 DUTIES OF THE SHERIFF.
9 20 The sheriff of each county shall comply with the
9 21 requirements of this chapter and rules adopted by the
9 22 department pursuant to this chapter.
9 23 Sec. 13. NEW SECTION. 692A.13 CONFIDENTIALITY OF
9 24 RECORDS.
9 25 Information contained in the sex offender registry is a
9 26 confidential record under section 22.7, subsection 9, and
9 27 shall only be disseminated or redisseminated as follows:
9 28 1. The department or a sheriff may disclose information to
9 29 law enforcement agencies for law enforcement or prosecution
9 30 purposes.
9 31 2. The department may disclose information to government
9 32 agencies which are conducting confidential background
9 33 investigations.
9 34 3. The department or a law enforcement agency with case-
9 35 specific authorization from the department may release
10 1 relevant information, other than the identity of a victim of a
10 2 criminal offense against a minor or a sexually violent
10 3 offense, that is necessary to protect the public concerning a
10 4 specific person who is required to register under this
10 5 chapter.
10 6 4. The department may disseminate departmental analyses of
10 7 information contained in the sex offender registry to persons
10 8 conducting bona fide research, if the data does not contain
10 9 individually identified information, as defined under section
10 10 692.1.
10 11 5. Criminal history information contained in the registry
10 12 may be released as provided in chapter 692 or used by law
10 13 enforcement agencies as an index for purposes of locating a
10 14 relevant conviction record.
10 15 Sec. 14. NEW SECTION. 692A.14 COOPERATION WITH
10 16 REGISTRATION.
10 17 Each agency of state and local government which possesses
10 18 information relevant to requirements that a person register
10 19 under this chapter shall provide that information to the court
10 20 or the department upon request. All confidential records
10 21 provided under this section shall remain confidential, unless
10 22 otherwise ordered by a court, by the lawful custodian of the
10 23 records, or by another person duly authorized to release such
10 24 information.
10 25 Sec. 15. NEW SECTION. 692A.15 IMMUNITY FOR GOOD FAITH
10 26 CONDUCT.
10 27 Law enforcement agencies and employees of law enforcement
10 28 agencies and state agencies and their employees shall be
10 29 immune from liability for good faith conduct under this
10 30 chapter.
10 31 Sec. 16. NEW SECTION. 692A.16 SUPREME COURT RULES.
10 32 The supreme court shall prescribe rules relating to the
10 33 judicial department's administration of procedures required
10 34 under this chapter.
10 35 EXPLANATION
11 1 This bill establishes a central registry within the
11 2 department of public safety for persons who commit criminal
11 3 offenses against a minor and persons who commit sexually
11 4 violent offenses. Criminal offenses against a minor are
11 5 defined to include kidnapping of a minor, false imprisonment
11 6 of a minor, public offenses involving sexual conduct which is
11 7 directed toward a minor, solicitation of a minor to commit an
11 8 illegal sex act, use of a minor in a sexual performance,
11 9 solicitation of a minor to practice prostitution, public
11 10 offenses involving sexual contact with a minor, public
11 11 offenses under prior law which would be criminal offenses
11 12 against a minor if they were current law, and offenses
11 13 committed in another jurisdiction which would be criminal
11 14 offenses against a minor if committed in this state. Sexually
11 15 violent offenses include sexual abuse, assault with intent to
11 16 commit sexual abuse, sexual exploitation by a counselor or
11 17 therapist, sexual misconduct with offenders, and murder,
11 18 kidnapping, or burglary involving sexual abuse or attempted
11 19 sexual abuse. Persons who subject to the registration
11 20 requirement are required to be registered for 10 years from
11 21 the date that the person is placed on probation, parole, work
11 22 release, or otherwise released from custody with the sheriff
11 23 of the county of the person's residence. When the person is
11 24 initially released either the court or the agency or person
11 25 releasing the person will collect the initial registration
11 26 information, which will be forwarded to the department of
11 27 public safety and the sheriff of the county in which the
11 28 person is to reside. Each year the department will verify the
11 29 address of any persons convicted of committing criminal
11 30 offenses against minors. The addresses of persons convicted
11 31 of committing sexually violent offenses will be verified every
11 32 three months by the department. Persons who are required to
11 33 register under the bill are also required to reregister in the
11 34 event that the person moves and notify the sheriffs in both
11 35 locations of the address change. Penalties are established
12 1 for a failure to register. A first offense is a serious
12 2 misdemeanor; a second offense is an aggravated misdemeanor;
12 3 and a third or subsequent offense is a class "D" felony. Any
12 4 fines imposed for a second or subsequent violation are not to
12 5 be suspended. Persons who violate the registration
12 6 requirement are not eligible for a deferred judgment or
12 7 sentence. Persons who are required to register are, at the
12 8 time of conviction, also to be assessed a $100 civil penalty,
12 9 which is to be deposited in a sex offender registry fund. The
12 10 fund is used to pay for the costs of maintaining the registry
12 11 by the department and to pay for research and analysis of the
12 12 data collected through the registry. Persons who are not sure
12 13 whether they are subject to the registration requirement may
12 14 ask the department to issue an opinion on the issue of whether
12 15 they are required to register. Registry information is
12 16 considered to be a confidential law enforcement record and its
12 17 dissemination and redissemination is generally limited to law
12 18 enforcement agencies, although further dissemination is
12 19 permitted under certain limited circumstances. State and
12 20 local government entities are to cooperate with the court and
12 21 the department in the provision of information relevant to
12 22 implementation of the registry. Law enforcement agencies and
12 23 employees of law enforcement agencies, as well as state
12 24 agencies and their employees, are immune from liability for
12 25 good faith conduct under the new chapter established in the
12 26 bill. The department of public safety and the supreme court
12 27 are to adopt rules to implement the provisions of the bill.
12 28 This bill may create a state mandate under chapter 25B.
12 29 However, pursuant to section 25B.2, subsection 3, unnumbered
12 30 paragraph 2, any requirement imposed under the bill is not a
12 31 state mandate which requires full state funding.
12 32 LSB 1172HH 76
12 33 lh/cf/24
Text: HF00101 Text: HF00103 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/00100/HF00102/950130.html
jhf