Text: HF02315 Text: HF02317 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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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 Bills and Amendments: General Index Bill History: General Index
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