Iowa General Assembly Banner


Text: HF00146                           Text: HF00148
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 147

Partial Bill History

Bill Text

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.  "Convicted" or "conviction" does not mean a plea,
  1 10 sentence, adjudication, deferral of sentence or judgment which
  1 11 has been reversed or otherwise set aside.
  1 12    2.  "Criminal offense against a minor" means any of the
  1 13 following criminal offenses or conduct:
  1 14    a.  Kidnapping of a minor, except when committed by a
  1 15 parent.
  1 16    b.  False imprisonment of a minor, except when committed by
  1 17 a parent.
  1 18    c.  An attempt to commit an offense enumerated in paragraph
  1 19 "a" or "b".
  1 20    d.  A public offense committed in another jurisdiction
  1 21 which would constitute a public offense in this state under
  1 22 this subsection.
  1 23    3.  "Criminal sex offense" means any of the following
  1 24 criminal offenses or conduct:
  1 25    a.  Any public offense involving sexual conduct directed
  1 26 toward a minor.
  1 27    b.  Solicitation of a minor to engage in an illegal sex
  1 28 act.
  1 29    c.  Use of a minor in a sexual performance.
  1 30    d.  Solicitation of a minor to practice prostitution.
  1 31    e.  Any public offense against a minor involving sexual
  1 32 contact with the minor.
  1 33    f.  Sexual abuse as defined under section 709.1.
  1 34    g.  Assault with intent to commit sexual abuse under
  1 35 section 709.11.
  2  1    h.  Sexual exploitation by a counselor or therapist under
  2  2 section 709.15.
  2  3    i.  Sexual misconduct with offenders under section 709.16.
  2  4    j.  Any of the following offenses, if the offense involves
  2  5 sexual abuse or attempted sexual abuse:  murder, kidnapping,
  2  6 or burglary.
  2  7    k.  An attempt to commit an offense enumerated in
  2  8 paragraphs "a" through "g".
  2  9    l.  A public offense committed in another jurisdiction
  2 10 which would constitute a public offense in this state under
  2 11 this subsection.
  2 12    4.  "Department" means the department of public safety.
  2 13    5.  "Law enforcement agency" means an agency or department
  2 14 of federal, state, or local government or an entity which is
  2 15 wholly owned, financed, or controlled by one or more agencies
  2 16 or departments of federal, state, or local government, which
  2 17 performs as its principal function the apprehension,
  2 18 prosecution, adjudication, incarceration, or rehabilitation of
  2 19 criminal offenders.
  2 20    6.  "Residence" means the place where a person sleeps,
  2 21 which may include more than one location, and may be mobile or
  2 22 transitory.
  2 23    Sec. 2.  NEW SECTION.  692A.2  PERSONS REQUIRED TO
  2 24 REGISTER.
  2 25    1.  A person who has been convicted of a criminal offense
  2 26 against a minor or criminal sex offense shall register as
  2 27 provided in this chapter for a period of ten years commencing
  2 28 from the date of placement on probation, parole, work release,
  2 29 or other release from custody.  A person is not required to
  2 30 register while incarcerated.  If a person is placed on
  2 31 probation, parole, or work release and the probation, parole,
  2 32 or work release is revoked, the ten years shall commence anew
  2 33 upon release from custody.
  2 34    2.  A person who has been convicted of an offense under the
  2 35 laws of another state which would qualify the person as a
  3  1 sexually violent predator under the federal Violent Crime
  3  2 Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,
  3  3 shall register as provided in this chapter for an
  3  4 indeterminate period terminating only upon a determination by
  3  5 the sentencing court of the other state that registration is
  3  6 no longer required.
  3  7    Sec. 3.  NEW SECTION.  692A.3  REGISTRATION PROCESS.
  3  8    1.  A person required to register under this chapter shall
  3  9 register with the sheriff of the county of the person's
  3 10 residence within ten days of establishment of residence in
  3 11 this state or within ten days of any conviction for which the
  3 12 person is not incarcerated, a release from custody, or
  3 13 placement on probation, parole, or work release.
  3 14    2.  A person required to register under this chapter shall,
  3 15 within ten days of changing residence within a county in this
  3 16 state, notify the sheriff of the county in which the person is
  3 17 registered of the change of address and any changes in the
  3 18 person's telephone number in writing on a form provided by the
  3 19 sheriff.  The sheriff shall send a copy of the change of
  3 20 address to the department within three working days of receipt
  3 21 of notice of the address change.
  3 22    3.  A person required to register under this chapter shall
  3 23 register with the sheriff of a county in which residence has
  3 24 been newly established and notify the sheriff of the county in
  3 25 which the person was registered, within ten days of changing
  3 26 residence to a location outside the county in which the person
  3 27 was registered.  Registration shall be in writing on a form
  3 28 provided by the sheriff and shall include the person's change
  3 29 of address and any changes to the person's telephone number.
  3 30 The sheriff shall send a copy of the change of address to the
  3 31 department within three working days of receipt of notice of
  3 32 the address change.
  3 33    4.  A person required to register under this chapter shall
  3 34 notify the sheriff of the county in which the person is
  3 35 registered, within ten days of changing residence to a
  4  1 location outside this state, of the new residence address and
  4  2 any changes in telephone number and shall register in the
  4  3 other state within the ten days, if persons are required to
  4  4 register under the laws of the other state.  The sheriff shall
  4  5 send a copy of the change of address to the department within
  4  6 three working days of receipt of notice of the address change.
  4  7    5.  The collection of information by a court or releasing
  4  8 agency under section 692A.5 shall serve as the person's
  4  9 initial registration for purposes of this section.  The court
  4 10 or releasing agency shall forward a copy of the registration
  4 11 to the department within three working days of completion of
  4 12 registration.
  4 13    Sec. 4.  NEW SECTION.  692A.4  VERIFICATION OF ADDRESS.
  4 14    1.  The address of a person required to register under this
  4 15 chapter shall be verified annually as follows:
  4 16    a.  On a date which falls within the month in which the
  4 17 person was initially required to register, the department
  4 18 shall mail a verification form to the last reported address of
  4 19 the person.  Verification forms shall not be forwarded to the
  4 20 person who is required to register under this chapter if the
  4 21 person no longer resides at the address, but shall be returned
  4 22 to the department.
  4 23    b.  The person shall complete and mail the verification to
  4 24 the department within ten days of receipt of the form.
  4 25    c.  The verification form shall be signed by the person,
  4 26 and state the address at which the person resides.  If the
  4 27 person is in the process of changing residences, the person
  4 28 shall state that fact as well as the old and new addresses or
  4 29 places of residence.
  4 30    2.  Verification of address for a person who has been
  4 31 convicted of an offense under the laws of another state which
  4 32 would qualify the person as a sexually violent predator under
  4 33 the federal Violent Crime Control and Law Enforcement Act of
  4 34 1994, Pub. L. No. 103-322, shall be accomplished in the same
  4 35 manner as in subsection 1, except that the verification shall
  5  1 be done every three months at times established by the
  5  2 department.
  5  3    Sec. 5.  NEW SECTION.  692A.5  DUTY TO FACILITATE
  5  4 REGISTRATION.
  5  5    1.  When a person who is required to register under this
  5  6 chapter is released from confinement from a jail, prison,
  5  7 juvenile facility, or other correctional institution or
  5  8 facility, or when such a person is convicted but not
  5  9 incarcerated, the warden or superintendent, or in the case of
  5 10 conviction without incarceration, the court, shall do the
  5 11 following prior to release or sentencing of the convicted
  5 12 person:
  5 13    a.  Obtain fingerprints and a photograph of the person if
  5 14 fingerprints and a photograph have not already been obtained
  5 15 in connection with the offense that triggers registration.  A
  5 16 current photograph may also be required.
  5 17    b.  Inform the person of the duty to register.
  5 18    c.  Inform the person that, within ten days of changing
  5 19 residence, registration with the sheriff in the county in
  5 20 which residence is established is required, if the residence
  5 21 is within the state.
  5 22    d.  Inform the person that if the person moves their
  5 23 residence to another state, the person must give the person's
  5 24 new address to the sheriff's department in the county of the
  5 25 person's old residence within ten days of changing addresses,
  5 26 and that, if the other state has a registration requirement,
  5 27 the person is also required to register in the new state of
  5 28 residence, not later than ten days after establishing
  5 29 residence in the other state.
  5 30    e.  Require the person to read and sign a form stating that
  5 31 the duty of the person to register under this chapter has been
  5 32 explained.  If the person cannot read, is unable to write, or
  5 33 refuses to cooperate, the duty and the form shall be explained
  5 34 orally and a written record maintained by the person
  5 35 explaining the duty and the form.
  6  1    2.  When a person who is required to register under this
  6  2 chapter is released from confinement from a jail, prison,
  6  3 juvenile facility, or other correctional institution or
  6  4 facility, or when such a person is convicted but not
  6  5 incarcerated, the warden or superintendent, or in the case of
  6  6 conviction without incarceration, the court, shall verify that
  6  7 the person has completed initial registration forms, and
  6  8 accept the forms on behalf of the sheriff of the county of
  6  9 registration.  The warden or superintendent or the court shall
  6 10 send a copy of the initial registration form to the department
  6 11 within three working days of completion of the registration.
  6 12 Probation, parole, work release, or any other form of release
  6 13 after conviction shall not be granted unless the person has
  6 14 registered as required under this chapter.
  6 15    3.  The warden or superintendent, or in the case the person
  6 16 is placed on probation, the court, shall forward one copy of
  6 17 the registration to the department and one copy to the sheriff
  6 18 of the county in which the person is to reside within three
  6 19 days after completion of the registration.
  6 20    Sec. 6.  NEW SECTION.  692A.6  BODILY FLUID SAMPLES.
  6 21    1.  A person required to register under this chapter shall,
  6 22 prior to placement on probation, parole, work release, or
  6 23 other release from custody, provide two specimens of blood and
  6 24 a saliva sample to the warden or superintendent, or in case of
  6 25 conviction without incarceration, to the court.  The
  6 26 department shall provide assistance to the warden or
  6 27 superintendent, or the court, to ensure that the collection of
  6 28 the specimens is in accordance with accepted medical
  6 29 procedures.
  6 30    2.  The specimens shall be forwarded to the division which
  6 31 shall carry out DNA analysis and profiling and other genetic
  6 32 typing analysis.  The division may contract with private
  6 33 entities for DNA profiling.  "DNA profiling" means the
  6 34 procedure established by the division for determining a
  6 35 person's genetic identity.  The DNA profiling and other
  7  1 genetic typing analysis shall be used for law enforcement
  7  2 purposes only.
  7  3    3.  The deoxyribonucleic acid and other genetic typing
  7  4 information shall be filed with the person's registry file at
  7  5 the department of public safety.
  7  6    4.  The requirements of this section shall only apply if
  7  7 the commissioner of public safety determines that the
  7  8 department has sufficient resources to carry out the
  7  9 requirements of this section.
  7 10    Sec. 7.  NEW SECTION.  692A.7  CIVIL PENALTY FOR SEX
  7 11 OFFENDERS.
  7 12    1.  In addition to any other penalty, at the time of
  7 13 conviction for a public offense committed on or after the
  7 14 effective date of this chapter which requires a person to
  7 15 register under this chapter, the person shall be assessed a
  7 16 civil penalty of one hundred dollars, to be payable in the
  7 17 same manner as a fine.
  7 18    2.  The clerk of the district court shall transmit money
  7 19 collected under this section each month to the treasurer of
  7 20 state, who shall deposit the money in the sex offender
  7 21 registry fund established under section 692A.12.
  7 22    Sec. 8.  NEW SECTION.  692A.8  FAILURE TO COMPLY &endash;
  7 23 PENALTY.
  7 24    1.  Failure to register as required under this chapter is a
  7 25 serious misdemeanor for a first offense, an aggravated
  7 26 misdemeanor for a second offense, and a class "D" felony for a
  7 27 third or subsequent offense.  Any fine imposed for a second or
  7 28 subsequent offense shall not be suspended.  The court shall
  7 29 not defer judgment or sentence for any violation of the
  7 30 registration requirements of this chapter.  The failure of a
  7 31 person who is on probation, parole, or work release, or any
  7 32 other form of release to register as required under this
  7 33 chapter shall result in the automatic revocation of the
  7 34 person's probation, parole, or work release.
  7 35    2.  In determining if a violation is a second or subsequent
  8  1 offense, a conviction for a violation of this section which
  8  2 occurred more than ten years prior to the date of the
  8  3 violation charged shall not be considered in determining that
  8  4 the violation charged is a second, third, or subsequent
  8  5 offense.  Violations in any other states under sex offenders
  8  6 registry provisions that are substantially similar to those
  8  7 contained in this section shall be counted as previous
  8  8 offenses.  The court shall judicially notice the statutes of
  8  9 other states which are substantially equivalent to this
  8 10 section.
  8 11    Sec. 9.  NEW SECTION.  692A.9  DETERMINATION OF REQUIREMENT
  8 12 TO REGISTER.
  8 13    1.  A person who is registered under this chapter may
  8 14 request that the department determine whether the offense for
  8 15 which the person has been convicted requires the person to
  8 16 register under this chapter or whether the period of time
  8 17 during which the person is obligated to register under this
  8 18 chapter has expired.
  8 19    2.  Application for determination shall be made on forms
  8 20 provided by the department and accompanied by copies of
  8 21 sentencing or adjudicatory orders with respect to each offense
  8 22 for which the person asks that a determination be made.
  8 23    3.  The department shall, within ninety days of the filing
  8 24 of the request, determine whether the person is required to
  8 25 register under this chapter.
  8 26    Sec. 10.  NEW SECTION.  692A.10  REGISTRATION FORMS.
  8 27    Registration forms shall be prepared by the department and
  8 28 shall include the registrant's name, the registrant's current
  8 29 address, and, if applicable, the registrant's telephone
  8 30 number.  The forms may provide for the reporting of additional
  8 31 relevant information such as, but not limited to, fingerprints
  8 32 and photographs.  Copies of blank forms shall be available
  8 33 upon request to any person from the sheriff.
  8 34    Sec. 11.  NEW SECTION.  692A.11  DEPARTMENT DUTIES &endash;
  8 35 REGISTRY.
  9  1    The department shall perform all of the following duties:
  9  2    1.  Develop and disseminate standard forms for use in
  9  3 registering of, verifying addresses of, and verifying
  9  4 understanding of registration requirements by persons required
  9  5 to register under this chapter.  Forms used to verify
  9  6 addresses of persons required to register under this chapter
  9  7 shall contain a warning against forwarding of the forms and of
  9  8 the requirement to return the forms if the person to whom the
  9  9 form is directed no longer resides at the address listed on
  9 10 the form or the mailing.
  9 11    2.  Maintain a central registry of information collected
  9 12 from persons required to register under this chapter, which
  9 13 shall be known as the sex offender registry.
  9 14    3.  Adopt rules under chapter 17A, as necessary, to ensure
  9 15 compliance with registration and verification requirements of
  9 16 this chapter, to provide guidelines for persons required to
  9 17 assist in obtaining registry information, and to provide a
  9 18 procedure for the dissemination of information contained in
  9 19 the registry.
  9 20    Sec. 12.  NEW SECTION.  692A.12  SEX OFFENDER REGISTRY
  9 21 FUND.
  9 22    A sex offender registry fund is established as a separate
  9 23 fund within the state treasury under the control of the
  9 24 department.  The fund shall consist of moneys received as a
  9 25 result of the imposition of the penalty imposed under section
  9 26 692A.7 and other funds allocated for purposes of establishing
  9 27 and maintaining the sex offender registry, conducting research
  9 28 and analysis related to sex crimes and offenders, and to
  9 29 perform other duties required under this chapter.
  9 30 Notwithstanding section 8.33, unencumbered or unobligated
  9 31 moneys and any interest remaining in the fund on June 30 of
  9 32 any fiscal year shall not revert to the general fund of the
  9 33 state, but shall remain available for expenditure in
  9 34 subsequent fiscal years.
  9 35    Sec. 13.  NEW SECTION.  692A.13  DUTIES OF THE SHERIFF.
 10  1    The sheriff of each county shall comply with the
 10  2 requirements of this chapter and rules adopted by the
 10  3 department pursuant to this chapter.
 10  4    Sec. 14.  NEW SECTION.  692A.14  CONFIDENTIALITY OF
 10  5 RECORDS.
 10  6    Information contained in the sex offender registry is a
 10  7 confidential record under section 22.7, subsection 9, and
 10  8 shall only be disseminated or redisseminated as follows:
 10  9    1.  The department or a sheriff may disclose information to
 10 10 law enforcement agencies for law enforcement or prosecution
 10 11 purposes.
 10 12    2.  The department may disclose information to government
 10 13 agencies which are conducting confidential background
 10 14 investigations.
 10 15    3.  The department or a law enforcement agency with case-
 10 16 specific authorization from the department may release
 10 17 relevant information, other than the identity of a victim of a
 10 18 criminal offense against a minor or a sexually violent
 10 19 offense, that is necessary to protect the public concerning a
 10 20 specific person who is required to register under this
 10 21 chapter.
 10 22    4.  The department may disseminate departmental analyses of
 10 23 information contained in the sex offender registry to persons
 10 24 conducting bona fide research, if the data does not contain
 10 25 individually identified information, as defined under section
 10 26 692A.1.
 10 27    5.  Criminal history information contained in the registry
 10 28 may be released as provided in chapter 692 or used by law
 10 29 enforcement agencies as an index for purposes of locating a
 10 30 relevant conviction record.
 10 31    Sec. 15.  NEW SECTION.  692A.15  COOPERATION WITH
 10 32 REGISTRATION.
 10 33    Each agency of state and local government which possesses
 10 34 information relevant to requirements that a person register
 10 35 under this chapter shall provide that information to the court
 11  1 or the department upon request.  All confidential records
 11  2 provided under this section shall remain confidential, unless
 11  3 otherwise ordered by a court, by the lawful custodian of the
 11  4 records, or by another person duly authorized to release such
 11  5 information.
 11  6    Sec. 16.  NEW SECTION.  692A.16  IMMUNITY FOR GOOD FAITH
 11  7 CONDUCT.
 11  8    Law enforcement agencies and employees of law enforcement
 11  9 agencies and state agencies and their employees shall be
 11 10 immune from liability for good faith conduct under this
 11 11 chapter.
 11 12    Sec. 17.  NEW SECTION.  692A.17  SUPREME COURT RULES.
 11 13    The supreme court shall prescribe rules relating to the
 11 14 judicial department's administration of procedures required
 11 15 under this chapter.  
 11 16                           EXPLANATION
 11 17    This bill establishes a central registry within the
 11 18 department of public safety for persons who commit criminal
 11 19 sex offenses.  Criminal sex offenses include kidnapping of a
 11 20 minor, false imprisonment of a minor, public offenses
 11 21 involving sexual conduct which is directed toward a minor,
 11 22 solicitation of a minor to commit an illegal sex act, use of a
 11 23 minor in a sexual performance, solicitation of a minor to
 11 24 practice prostitution, public offenses involving sexual
 11 25 contact with a minor, public offenses under prior law which
 11 26 would be criminal offenses against a minor if they were
 11 27 current law, and offenses committed in another jurisdiction
 11 28 which would be criminal offenses against a minor if committed
 11 29 in this state.  Criminal sex offenses also include sexual
 11 30 abuse, assault with intent to commit sexual abuse, sexual
 11 31 exploitation by a counselor or therapist, sexual misconduct
 11 32 with offenders, and murder, kidnapping, or burglary involving
 11 33 sexual abuse or attempted sexual abuse.
 11 34    Persons who subject to the registration requirement are
 11 35 required to be registered for 10 years from the date that the
 12  1 person is placed on probation, parole, work release, or
 12  2 otherwise released from custody with the sheriff of the county
 12  3 of the person's residence.  When the person is initially
 12  4 released either the court or the agency or person releasing
 12  5 the person will collect the initial registration information,
 12  6 which will be forwarded to the department of public safety and
 12  7 the sheriff of the county in which the person is to reside.
 12  8 In addition, the bill provides that, if sufficient funds are
 12  9 available to the division of criminal investigation of the
 12 10 department of public safety, criminal sex offenders are to
 12 11 provide blood and saliva samples for DNA and other genetic
 12 12 analysis, which will be included in the offender's registry
 12 13 file.
 12 14    Each year the department will verify the address of any
 12 15 persons convicted of committing criminal offenses against
 12 16 minors.  The addresses of persons convicted as sexually
 12 17 violent predators will be verified every three months by the
 12 18 department.  Persons who are required to register under the
 12 19 bill are also required to reregister in the event that the
 12 20 person moves and notify the sheriffs in both locations of the
 12 21 address change.  Penalties are established for a failure to
 12 22 register.  A first offense is a serious misdemeanor; a second
 12 23 offense is an aggravated misdemeanor; and a third or
 12 24 subsequent offense is a class "D" felony.  Any fines imposed
 12 25 for a second or subsequent violation are not to be suspended.
 12 26 Persons who violate the registration requirement are not
 12 27 eligible for a deferred judgment or sentence.
 12 28    Persons who are required to register are, at the time of
 12 29 conviction, also to be assessed a $100 civil penalty, which is
 12 30 to be deposited in a sex offender registry fund.  The fund is
 12 31 used to pay for the costs of maintaining the registry by the
 12 32 department and to pay for research and analysis of the data
 12 33 collected through the registry.
 12 34    Persons who are not sure whether they are subject to the
 12 35 registration requirement may ask the department to issue an
 13  1 opinion on the issue of whether they are required to register.
 13  2    Registry information is considered to be a confidential law
 13  3 enforcement record and its dissemination and redissemination
 13  4 is generally limited to law enforcement agencies, although
 13  5 further dissemination is permitted under certain limited
 13  6 circumstances.  State and local government entities are to
 13  7 cooperate with the court and the department in the provision
 13  8 of information relevant to implementation of the registry.
 13  9    Law enforcement agencies and employees of law enforcement
 13 10 agencies, as well as state agencies and their employees, are
 13 11 immune from liability for good faith conduct under the new
 13 12 chapter established in the bill.  The department of public
 13 13 safety and the supreme court are to adopt rules to implement
 13 14 the provisions of the bill.
 13 15    This bill may create a state mandate under chapter 25B.
 13 16 However, pursuant to section 25B.2, subsection 3, unnumbered
 13 17 paragraph 2, any requirement imposed under the bill may not be
 13 18 a state mandate which requires full state funding.  
 13 19 LSB 1363HH 76
 13 20 lh/cf/24
     

Text: HF00146                           Text: HF00148
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index 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/HF00147/950207.html
jhf