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PAG LIN
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. NEW SECTION. 901A.1 DEFINITIONS.
1 7 1. As used in this chapter, the term "sexually predatory
1 8 offense" means any serious or aggravated misdemeanor or felony
1 9 which constitutes:
1 10 a. A violation of any provision of chapter 709.
1 11 b. A violation of any of the following if the offense
1 12 involves sexual abuse, attempted sexual abuse, or intent to
1 13 commit sexual abuse:
1 14 (1) Murder as defined in section 707.1.
1 15 (2) Kidnapping as defined in section 710.1.
1 16 (3) Burglary as defined in section 713.1.
1 17 (4) Child endangerment under section 726.6, subsection 1,
1 18 paragraph "e".
1 19 c. Sexual exploitation of a minor in violation of section
1 20 728.12, subsection 1.
1 21 d. Pandering involving a minor in violation of section
1 22 725.3, subsection 2.
1 23 e. Any offense involving an attempt to commit an offense
1 24 contained in this section.
1 25 f. An offense under prior law of this state or an offense
1 26 committed in another jurisdiction which would constitute an
1 27 equivalent offense under paragraphs "a" through "e".
1 28 2. As used in this section, the term "prior conviction"
1 29 includes a plea of guilty, deferred judgment, deferred or
1 30 suspended sentence, or adjudication of delinquency.
1 31 Sec. 3. NEW SECTION. 901A.2 ENHANCED SENTENCING.
1 32 1. A person convicted of a sexually predatory offense
1 33 which is a serious or aggravated misdemeanor, who has a prior
1 34 conviction for a sexually predatory offense, shall be
1 35 sentenced to and shall serve twice the maximum period of
2 1 incarceration for the offense, notwithstanding any other
2 2 provision of the Code to the contrary, prior to being eligible
2 3 for parole or work release. However, a person sentenced under
2 4 this subsection shall not have the person's sentence reduced
2 5 under chapter 903A or otherwise by more than fifteen percent.
2 6 2. A person convicted of a sexually predatory offense
2 7 which is a serious or aggravated misdemeanor, who has two or
2 8 more prior convictions for sexually predatory offenses, shall
2 9 be sentenced to and shall serve a period of incarceration of
2 10 ten years, notwithstanding any other provision of the Code to
2 11 the contrary. A person sentenced under this subsection shall
2 12 not have the person's sentence reduced under chapter 903A or
2 13 otherwise by more than fifteen percent.
2 14 3. A person convicted of a sexually predatory offense
2 15 which is a felony, who has a prior conviction for a sexually
2 16 predatory offense, shall be sentenced to and shall serve twice
2 17 the maximum period of incarceration for the offense, or
2 18 twenty-five years, whichever is greater, notwithstanding any
2 19 other provision of the Code to the contrary. A person
2 20 sentenced under this subsection shall not have the person's
2 21 sentence reduced under chapter 903A or otherwise by more than
2 22 fifteen percent.
2 23 4. A person convicted of a sexually predatory offense
2 24 which is a felony who has previously been sentenced under
2 25 subsection 3 shall be sentenced to life in prison on the same
2 26 terms as a class "A" felon under section 902.1,
2 27 notwithstanding any other provision of the Code to the
2 28 contrary. In order for a person to be sentenced under this
2 29 subsection, the prosecuting attorney shall allege and prove
2 30 that this section is applicable to the person.
2 31 5. A person sentenced under the provisions of this section
2 32 shall not be eligible for deferred judgment, deferred
2 33 sentence, or suspended sentence.
2 34 Sec. 4. NEW SECTION. 901A.3 TRIAL INFORMATION.
2 35 A prosecuting attorney charging a person with an offense
3 1 which is believed to constitute a sexually predatory offense
3 2 for the purpose of enhancement of sentence on subsequent
3 3 offenses shall include a statement to that effect in the trial
3 4 information. The court shall allow the indictment to be
3 5 amended if it does not contain such information. This
3 6 statement shall not be read to a jury.
3 7 Sec. 5. NEW SECTION. 901A.4 NOTICE TO PERSONS ALREADY
3 8 CONVICTED.
3 9 1. The department of corrections shall implement an
3 10 administrative procedure for determining, with respect to
3 11 persons currently incarcerated or in work release status for
3 12 murder, kidnapping, burglary, or child endangerment in
3 13 violation of section 726.6, subsection 1, paragraph "e",
3 14 whether the offense was a sexually predatory offense. A copy
3 15 of the determination and evidence of notification to the
3 16 inmate shall be filed with the sentencing court. Such
3 17 determinations shall be subject to judicial review as provided
3 18 in chapter 17A.
3 19 2. The board of parole shall implement an administrative
3 20 procedure for determining, with respect to persons currently
3 21 on parole for murder, kidnapping, burglary, or child
3 22 endangerment in violation of section 726.6, subsection 1,
3 23 paragraph "e", whether the offense was a sexually predatory
3 24 offense. A copy of the determination and evidence of
3 25 notification shall be filed with the sentencing court. Such
3 26 determinations shall be subject to judicial review as provided
3 27 in chapter 17A.
3 28 Sec. 6. NEW SECTION. 901A.5 SEXUALLY PREDATORY OFFENSES
3 29 – FINDING OF FACT – NOTICE.
3 30 1. Prior to pronouncing judgment and sentence, the court
3 31 shall, if the offense is murder, kidnapping, burglary, or
3 32 child endangerment in violation of section 726.6, subsection
3 33 1, paragraph "e", make a factual determination whether the
3 34 offense constitutes a sexually predatory offense as defined in
3 35 section 901A.1 for the purpose of enhancement of future
4 1 offenses.
4 2 2. Upon conviction for a sexually predatory offense as
4 3 defined in section 901A.1, the court shall provide written
4 4 notice to the person that the conviction meets the definition
4 5 of a sexually predatory offense for the purpose of enhancing
4 6 future punishment for similar offenses.
4 7 Sec. 7. REPEAL. Sections 709C.1, 709C.2, 709C.3, 709C.4,
4 8 and 709C.6 through 709C.10, Code 1995, are repealed.
4 9 Sec. 8. REPEAL. Sections 709C.2A, 709C.5, 709C.11, and
4 10 709C.12, Code Supplement 1995, are repealed.
4 11 EXPLANATION
4 12 This bill repeals chapter 709C regarding the commitment of
4 13 sexually violent predators and establishes enhanced sentences
4 14 for persons convicted of sexually predatory offenses.
4 15 Section 692.15 is amended to require that reports of
4 16 conviction data for inclusion in criminal history records
4 17 include whether the person who is the subject of the report
4 18 was convicted of a sexually predatory offense.
4 19 New chapter 901A is created regarding the enhanced
4 20 sentencing provisions for sexually predatory offenses.
4 21 Section 901A.1 defines sexually predatory offenses. Sexually
4 22 predatory offenses include any violation of chapter 709 or
4 23 murder, kidnapping, burglary, or certain offenses of child
4 24 endangerment which involve sexual abuse, attempted sexual
4 25 abuse, or intent to commit sexual abuse and similar offenses
4 26 from other states.
4 27 Section 901A.2 provides that a person convicted of a
4 28 sexually predatory offense or offenses shall serve the
4 29 following enhanced sentences for an additional sexually
4 30 predatory offense:
4 31 1. If the person has one prior conviction for a sexually
4 32 predatory offense and is convicted of a second sexually
4 33 predatory offense which is a serious or aggravated
4 34 misdemeanor, the person shall serve twice the maximum period
4 35 of incarceration for the second offense. A serious
5 1 misdemeanor has a maximum sentence of one year in jail and an
5 2 aggravated misdemeanor has a maximum sentence of two years at
5 3 a department of corrections' institution.
5 4 2. A person with two or more prior convictions for
5 5 sexually predatory offenses who is convicted of a serious or
5 6 aggravated misdemeanor, shall be incarcerated for a period of
5 7 10 years.
5 8 3. A person with one prior conviction for a sexually
5 9 predatory offense who is convicted of a second sexually
5 10 predatory offense which is a felony shall serve twice the
5 11 maximum term of incarceration for the offense or 25 years,
5 12 whichever is greater.
5 13 4. A person convicted of a felony sexually predatory
5 14 offense who has two prior convictions for sexually predatory
5 15 offenses, one of which must have been a felony, shall be
5 16 sentenced to life in prison. To be sentenced to life in
5 17 prison, the prosecuting attorney must prove that the person
5 18 has two prior convictions for a sexually predatory offense.
5 19 A person sentenced for a sexually predatory act, other than
5 20 to life in prison, shall not have the person's sentence
5 21 reduced by more than 15 percent.
5 22 A person receiving an enhanced sentence for a sexually
5 23 predatory offense is not eligible to receive a deferred
5 24 judgment, deferred sentence, or suspended sentence.
5 25 Section 901A.3 requires the prosecuting attorney to state
5 26 in the trial information that the prosecuting attorney
5 27 believes the offense committed is a sexually predatory offense
5 28 for the purposes of enhanced sentencing for subsequent
5 29 offenses. This statement will not be read to the jury.
5 30 Section 901A.4 provides that the department of corrections
5 31 and the board of parole are to implement administrative
5 32 proceedings to determine whether a person at a corrections
5 33 institution or on parole for murder, kidnapping, burglary, or
5 34 certain acts of child endangerment committed a sexually
5 35 predatory offense. A determination that an offense is a
6 1 sexually predatory offense is subject to judicial review in
6 2 accordance with chapter 17A (administrative procedure Act).
6 3 Section 901A.5 requires the court, prior to pronouncing
6 4 judgment and sentence to make a finding of fact whether a
6 5 person convicted of murder, kidnapping, burglary, or child
6 6 endangerment committed a sexually predatory offense. The
6 7 court is required to notify the person in writing that the
6 8 person has been convicted of a sexually predatory act for the
6 9 purposes of future sentence enhancement.
6 10 This bill may contain a state mandate under chapter 25B.
6 11 Under section 25B.2, subsection 3, the state mandate need not
6 12 be performed if the state does not appropriate funds to cover
6 13 all or a proportion of the costs of the mandate.
6 14 LSB 3686XL 76
6 15 mk/sc/14.1
Text: HSB00660 Text: HSB00662 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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