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House File 2316

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  1  1    Section 1.  Section 692.15, Code Supplement 1995, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  8.  The fact that a person was convicted
  1  4 for a sexually predatory offense under chapter 901A shall be
  1  5 reported with other conviction data regarding that person.
  1  6    Sec. 2.  Section 710.10, Code 1995, is amended by adding
  1  7 the following new subsection:
  1  8    NEW SUBSECTION.  3.  A person's intent to commit an illegal
  1  9 act upon the child may be inferred when the individual is not
  1 10 known to the child and the individual does not have the
  1 11 permission of the child's parent, guardian, or custodian to
  1 12 contact the child.
  1 13    Sec. 3.  NEW SECTION.  901A.1  DEFINITIONS.
  1 14    1.  As used in this chapter, the term "sexually predatory
  1 15 offense" means any serious or aggravated misdemeanor or felony
  1 16 which constitutes:
  1 17    a.  A violation of any provision of chapter 709.
  1 18    b.  A violation of any of the following if the offense
  1 19 involves sexual abuse, attempted sexual abuse, or intent to
  1 20 commit sexual abuse:
  1 21    (1)  Murder as defined in section 707.1.
  1 22    (2)  Kidnapping as defined in section 710.1.
  1 23    (3)  Burglary as defined in section 713.1.
  1 24    (4)  Child endangerment under section 726.6, subsection 1,
  1 25 paragraph "e".
  1 26    c.  Sexual exploitation of a minor in violation of section
  1 27 728.12, subsection 1.
  1 28    d.  Pandering involving a minor in violation of section
  1 29 725.3, subsection 2.
  1 30    e.  Any offense involving an attempt to commit an offense
  1 31 contained in this section.
  1 32    f.  An offense under prior law of this state or an offense
  1 33 committed in another jurisdiction which would constitute an
  1 34 equivalent offense under paragraphs "a" through "e".
  1 35    2.  As used in this section, the term "prior conviction"
  2  1 includes a plea of guilty, deferred judgment, deferred or
  2  2 suspended sentence, or adjudication of delinquency.
  2  3    Sec. 4.  NEW SECTION.  901A.2  ENHANCED SENTENCING.
  2  4    1.  A person convicted of a sexually predatory offense
  2  5 which is a serious or aggravated misdemeanor, who has a prior
  2  6 conviction for a sexually predatory offense, shall be
  2  7 sentenced to and shall serve twice the maximum period of
  2  8 incarceration for the offense, notwithstanding any other
  2  9 provision of the Code to the contrary, prior to being eligible
  2 10 for parole or work release.  However, a person sentenced under
  2 11 this subsection shall not have the person's sentence reduced
  2 12 under chapter 903A or otherwise by more than fifteen percent.
  2 13    2.  A person convicted of a sexually predatory offense
  2 14 which is a serious or aggravated misdemeanor, who has two or
  2 15 more prior convictions for sexually predatory offenses, shall
  2 16 be sentenced to and shall serve a period of incarceration of
  2 17 ten years, notwithstanding any other provision of the Code to
  2 18 the contrary.  A person sentenced under this subsection shall
  2 19 not have the person's sentence reduced under chapter 903A or
  2 20 otherwise by more than fifteen percent.
  2 21    3.  A person convicted of a sexually predatory offense
  2 22 which is a felony, who has a prior conviction for a sexually
  2 23 predatory offense, shall be sentenced to and shall serve twice
  2 24 the maximum period of incarceration for the offense, or
  2 25 twenty-five years, whichever is greater, notwithstanding any
  2 26 other provision of the Code to the contrary.  A person
  2 27 sentenced under this subsection shall not have the person's
  2 28 sentence reduced under chapter 903A or otherwise by more than
  2 29 fifteen percent.
  2 30    4.  A person convicted of a sexually predatory offense
  2 31 which is a felony who has previously been sentenced under
  2 32 subsection 3 shall be sentenced to life in prison on the same
  2 33 terms as a class "A" felon under section 902.1,
  2 34 notwithstanding any other provision of the Code to the
  2 35 contrary.  In order for a person to be sentenced under this
  3  1 subsection, the prosecuting attorney shall allege and prove
  3  2 that this section is applicable to the person.
  3  3    5.  A person sentenced under the provisions of this section
  3  4 shall not be eligible for deferred judgment, deferred
  3  5 sentence, or suspended sentence.
  3  6    6.  In addition to any other sentence imposed on a person
  3  7 convicted of a sexually predatory offense pursuant to
  3  8 subsection 1, 2, or 3, the person shall be sentenced to an
  3  9 additional term of parole or work release not to exceed two
  3 10 years.  The board of parole shall determine whether the person
  3 11 should be released on parole or placed in a work release
  3 12 program.  The sentence of parole supervision shall commence
  3 13 immediately upon the person's release by the board of parole
  3 14 and shall be under the terms and conditions as set out in
  3 15 chapter 906.  Violations of parole or work release shall be
  3 16 subject to the procedures set out in chapter 905 or 908 or
  3 17 rules adopted under those chapters.  For purposes of
  3 18 disposition of a parole violator upon revocation of parole or
  3 19 work release, the sentence of an additional term of parole or
  3 20 work release shall be considered part of the original term of
  3 21 commitment to the department of corrections.
  3 22    Sec. 5.  NEW SECTION.  901A.3  TRIAL INFORMATION.
  3 23    A prosecuting attorney charging a person with an offense
  3 24 which is believed to constitute a sexually predatory offense
  3 25 for the purpose of enhancement of sentence on subsequent
  3 26 offenses shall include a statement to that effect in the trial
  3 27 information.  The court shall allow the indictment to be
  3 28 amended if it does not contain such information.  This
  3 29 statement shall not be read to a jury.
  3 30    Sec. 6.  NEW SECTION.  901A.4  SEXUALLY PREDATORY OFFENSES
  3 31 – FINDING OF FACT – NOTICE.
  3 32    1.  Prior to pronouncing judgment and sentence, the finder
  3 33 of fact shall, if the offense is murder, kidnapping, burglary,
  3 34 or child endangerment in violation of section 726.6,
  3 35 subsection 1, paragraph "e", make a factual determination
  4  1 whether the offense constitutes a sexually predatory offense
  4  2 as defined in section 901A.1 for the purpose of enhancement of
  4  3 future offenses.
  4  4    2.  Upon conviction for a sexually predatory offense as
  4  5 defined in section 901A.1, the court shall provide written
  4  6 notice to the person that the conviction meets the definition
  4  7 of a sexually predatory offense for the purpose of enhancing
  4  8 future punishment for similar offenses.
  4  9    Sec. 7.  REPEAL.  Sections 709C.1, 709C.2, 709C.3, 709C.4,
  4 10 and 709C.6 through 709C.10, Code 1995, are repealed.
  4 11    Sec. 8.  REPEAL.  Sections 709C.2A, 709C.5, 709C.11, and
  4 12 709C.12, Code Supplement 1995, are repealed.  
  4 13 HF 2316
  4 14 mk/pk/25
     

Text: HF02315                           Text: HF02317
Text: HF02300 - HF02399                 Text: HF Index
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