Text: HSB00573 Text: HSB00575 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692A.1, subsection 3, paragraph k, Code 1 2 Supplement 1995, is amended to read as follows: 1 3 k. Stalking, if it is directed toward a person under the 1 4 age of eighteen years. 1 5 l. Sexual exploitation of a minor in violation of section 1 6 728.12, subsection 2 or 3. 1 7 m. An indictable offense committed in another jurisdiction 1 8 which would constitute an indictable offense under paragraphs 1 9 "a" through"j""l". 1 10 Sec. 2. Section 692A.1, subsection 6, Code Supplement 1 11 1995, is amended by adding the following new paragraphs after 1 12 paragraph c: 1 13 NEW PARAGRAPH. d. Telephone dissemination of obscene 1 14 materials in violation of section 728.15. 1 15 NEW PARAGRAPH. e. Rental or sale of hard-core pornography 1 16 in violation of section 728.4. 1 17 NEW PARAGRAPH. f. Indecent exposure in violation of 1 18 section 709.9. 1 19 Sec. 3. Section 692A.1, subsection 6, paragraph d, Code 1 20 Supplement 1995, is amended to read as follows: 1 21d.g. Any of the following offenses, if the offense 1 22 involves sexual abuse or attempted sexual abuse: murder, 1 23 attempted murder, kidnapping,orburglary, or manslaughter. 1 24 Sec. 4. Section 692A.1, Code Supplement 1995, is amended 1 25 by adding the following new subsection: 1 26 NEW SUBSECTION. 3A. "Criminal offense requiring 1 27 registration" means a criminal offense which is not defined in 1 28 this section but which the court determines to require 1 29 registration pursuant to section 692A.2, subsection 3. 1 30 Sec. 5. Section 692A.2, Code Supplement 1995, is amended 1 31 by adding the following new subsection: 1 32 NEW SUBSECTION. 3. A prosecuting attorney may petition 1 33 the court at the time of sentencing to require that an 1 34 offender register as a sex offender where the offense is not 1 35 classified as a criminal offense against a minor, sexually 2 1 violent offense, or sexual exploitation. The court shall hold 2 2 a hearing on the petition and shall only require the person to 2 3 register if the prosecuting attorney proves by a preponderance 2 4 of the evidence that the offense for which an offender has 2 5 been convicted involved a sexual motivation. 2 6 Sec. 6. Section 692A.5, subsection 2, Code Supplement 2 7 1995, is amended by adding the following new unnumbered 2 8 paragraph: 2 9 NEW UNNUMBERED PARAGRAPH. If the offender refuses to 2 10 register, the sheriff, warden, or superintendent shall 2 11 immediately notify a prosecuting attorney of the refusal to 2 12 register. The prosecuting attorney may bring a contempt of 2 13 court action against the offender in the county in which the 2 14 offender was convicted. An offender who refuses to register 2 15 may be held in contempt and incarcerated following the entry 2 16 of judgment by the court on the contempt action until the 2 17 offender complies with the registration requirements. 2 18 Sec. 7. Section 692A.13, Code Supplement 1995, is amended 2 19 by adding the following new subsection: 2 20 NEW SUBSECTION. 8. Records regarding the persons 2 21 requesting registry information shall be maintained for ten 2 22 years. 2 23 EXPLANATION 2 24 This bill provides that criminal offenses against a minor 2 25 for the purposes of registration requirements for the sex 2 26 offender registry include stalking if the target is a person 2 27 age 17 or under and sexual exploitation of a minor which 2 28 involve knowingly promoting or possessing any material 2 29 visually depicting a live performance of a minor engaging in 2 30 prohibited sexual conduct. Sexual exploitation of a minor 2 31 involving inducing or knowingly permitting a minor to engage 2 32 in prohibited sexual conduct is currently considered a 2 33 criminal offense against a minor for the purposes of the 2 34 registry. 2 35 The bill also adds the following offenses to the definition 3 1 of sexually violent offenses: indecent exposure; telephone 3 2 dissemination of obscenity; rental or sale of hard-core 3 3 pornography; and attempted murder or manslaughter, if either 3 4 involves sexual abuse or attempted sexual abuse. 3 5 In addition, the bill authorizes a prosecuting attorney to 3 6 petition the court to require a person convicted of a crime 3 7 other than one of the crimes requiring registration to 3 8 register. The court must hold a hearing on the petition and 3 9 shall not require the person to register unless the 3 10 prosecuting attorney proves by a preponderance of the evidence 3 11 that the crime for which the offender was convicted had a 3 12 sexual motivation. 3 13 The bill further provides that a person who refuses to 3 14 register may be prosecuted for contempt of court and jailed 3 15 until the person registers. Also, records under the sex 3 16 offender registry are required to be kept for 10 years. 3 17 BACKGROUND STATEMENT 3 18 SUBMITTED BY THE AGENCY 3 19 The Iowa sex offender registry law was enacted in 1995 3 20 following a requirement in the federal crime bill directing 3 21 states to adopt such legislation or face loss of federal drug 3 22 funds. At this time, 47 states have enacted registry laws. 3 23 The Iowa law follows federal guidelines regarding which crimes 3 24 are covered, who has access to the information, and the 3 25 duration of the registration requirement, among other factors. 3 26 The Iowa sex offender registry is administered by the division 3 27 of criminal investigation within the department of public 3 28 safety. 3 29 The Iowa program has been in operation since July 1, 1995, 3 30 and has experienced a dramatic response from offenders, and 3 31 personnel in the state justice system. The total number of 3 32 registrants as of December 31, 1995, was 999. 3 33 The crimes that require registration include sex abuse, 3 34 lascivious acts with a child, indecent contact with a child, 3 35 assault with intent to commit sexual abuse, sexual 4 1 exploitation of a minor, among many others. 4 2 The proposed amendments address situations which the 4 3 program has experienced in its short time in existence, but 4 4 which have posed significant challenges. One of the 4 5 challenges that has arisen has resulted from the effect that 4 6 plea bargains have on the registration requirement. For 4 7 example, the crime that is committed may have clearly involved 4 8 sexual abuse on a child, but for various reasons the charge is 4 9 plea bargained to a simple assault. The plea bargain results 4 10 in a sex offender avoiding the registration requirement. This 4 11 amendment is proposed in order to not infringe on county 4 12 attorneys' authority to plea bargain, but also provides a 4 13 mechanism for requiring perpetrators of sexually motivated 4 14 crimes to register. 4 15 Another challenge that has arisen is that the crime of 4 16 indecent exposure requires registration only if the victim is 4 17 a minor. It is the opinion of the registry program that the 4 18 crime of indecent exposure if the victim is an adult should 4 19 also require registration. 4 20 The process for pursuing an action against an offender who 4 21 refuses to register is unclear in the current statute. 4 22 Establishing a clear procedure such as contained in the bill 4 23 would be beneficial. 4 24 The sheriffs' association requests that a deadline be 4 25 placed on the time that they are required to maintain written 4 26 records of requests for information. 4 27 LSB 3291DP 76 4 28 mk/sc/14.1
Text: HSB00573 Text: HSB00575 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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