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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 justice agency" means an agency or department
1 13 of any level of government or an entity wholly owned,
1 14 financed, or controlled by one or more such agencies or
1 15 departments, which performs as its principal function the
1 16 apprehension, prosecution, adjudication, incarceration, or
1 17 rehabilitation of criminal offenders.
1 18 3. "Criminal offense against a minor" means any of the
1 19 following criminal offenses or conduct:
1 20 a. Kidnapping of a minor, except when committed by a
1 21 parent.
1 22 b. False imprisonment of a minor, except when committed by
1 23 a parent.
1 24 c. Any public offense involving sexual conduct directed
1 25 toward a minor.
1 26 d. Solicitation of a minor to engage in an illegal sex
1 27 act.
1 28 e. Use of a minor in a sexual performance.
1 29 f. Solicitation of a minor to practice prostitution.
1 30 g. Any public offense against a minor involving sexual
1 31 contact with the minor.
1 32 h. Dissemination and exhibition of obscene material to
1 33 minors in violation of section 728.2.
1 34 i. Admitting minors to premises where obscene material is
1 35 exhibited in violation of section 728.3.
2 1 j. An attempt to commit an offense enumerated in this
2 2 subsection.
2 3 k. A public offense committed in another jurisdiction
2 4 which would constitute a public offense under paragraphs "a"
2 5 through "j".
2 6 4. "Department" means the department of public safety.
2 7 5. "Residence" means the place where a person sleeps,
2 8 which may include more than one location, and may be mobile or
2 9 transitory.
2 10 6. "Sexually violent offense" means any of the following
2 11 public offenses:
2 12 a. Sexual abuse as defined under section 709.1.
2 13 b. Assault with intent to commit sexual abuse in violation
2 14 of section 709.11.
2 15 c. Sexual exploitation by a counselor or therapist in
2 16 violation of section 709.15.
2 17 d. Sexual misconduct with offenders in violation of
2 18 section 709.16.
2 19 e. Incest in violation of section 726.2.
2 20 f. Any of the following offenses, if the offense involves
2 21 sexual abuse or attempted sexual abuse: murder, kidnapping,
2 22 or burglary.
2 23 g. A public offense committed in another jurisdiction
2 24 which would constitute a public offense under paragraphs "a"
2 25 through "f" if committed in this state.
2 26 Sec. 2. NEW SECTION. 692A.2 PERSONS REQUIRED TO
2 27 REGISTER.
2 28 1. A person who has been convicted of either a criminal
2 29 offense against a minor or a sexually violent offense shall
2 30 register as provided in this chapter for a period of ten years
2 31 commencing from the date of placement on probation, parole,
2 32 work release, or other release from custody. A person is not
2 33 required to register while incarcerated. If a person is
2 34 placed on probation, parole, or work release and the
2 35 probation, parole, or work release is revoked, the ten years
3 1 shall commence anew upon release from custody.
3 2 2. A person who has been convicted of an offense under the
3 3 laws of another state which would qualify the person as a
3 4 sexually violent predator under the federal Violent Crime
3 5 Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,
3 6 shall register as provided in this chapter and in rules
3 7 adopted by the department for an indeterminate period
3 8 terminating only upon a determination by the sentencing court
3 9 of the other state that registration is no longer required.
3 10 Sec. 3. NEW SECTION. 692A.3 REGISTRATION PROCESS.
3 11 1. A person required to register under this chapter shall
3 12 register with the sheriff of the county of the person's
3 13 residence within ten days of establishment of residence in
3 14 this state or within ten days of any conviction for which the
3 15 person is not incarcerated, a release from custody, or
3 16 placement on probation, parole, or work release.
3 17 2. A person required to register under this chapter shall,
3 18 within ten days of changing residence within a county in this
3 19 state, notify the sheriff of the county in which the person is
3 20 registered of the change of address and any changes in the
3 21 person's telephone number in writing on a form provided by the
3 22 sheriff. The sheriff shall send a copy of the change of
3 23 address to the department within three working days of receipt
3 24 of notice of the address change.
3 25 3. A person required to register under this chapter shall
3 26 register with the sheriff of a county in which residence has
3 27 been newly established and notify the sheriff of the county in
3 28 which the person was registered, within ten days of changing
3 29 residence to a location outside the county in which the person
3 30 was registered. Registration shall be in writing on a form
3 31 provided by the sheriff and shall include the person's change
3 32 of address and any changes to the person's telephone number.
3 33 The sheriff shall send a copy of the change of address to the
3 34 department within three working days of receipt of notice of
3 35 the address change.
4 1 4. A person required to register under this chapter shall
4 2 notify the sheriff of the county in which the person is
4 3 registered, within ten days of changing residence to a
4 4 location outside this state, of the new residence address and
4 5 any changes in telephone number and shall register in the
4 6 other state within the ten days, if persons are required to
4 7 register under the laws of the other state. The sheriff shall
4 8 send a copy of the change of address to the department within
4 9 three working days of receipt of notice of the address change.
4 10 5. The collection of information by a court or releasing
4 11 agency under section 692A.5 shall serve as the person's
4 12 initial registration for purposes of this section. The court
4 13 or releasing agency shall forward a copy of the registration
4 14 to the department within three working days of completion of
4 15 registration.
4 16 Sec. 4. NEW SECTION. 692A.4 VERIFICATION OF ADDRESS.
4 17 1. The address of a person required to register under this
4 18 chapter shall be verified annually as follows:
4 19 a. On a date which falls within the month in which the
4 20 person was initially required to register, the department
4 21 shall mail a verification form to the last reported address of
4 22 the person. Verification forms shall not be forwarded to the
4 23 person who is required to register under this chapter if the
4 24 person no longer resides at the address, but shall be returned
4 25 to the department.
4 26 b. The person shall complete and mail the verification to
4 27 the department within ten days of receipt of the form.
4 28 c. The verification form shall be signed by the person,
4 29 and state the address at which the person resides. If the
4 30 person is in the process of changing residences, the person
4 31 shall state that fact as well as the old and new addresses or
4 32 places of residence.
4 33 2. Verification of address for a person who has been
4 34 convicted of an offense under the laws of another state which
4 35 would qualify the person as a sexually violent predator under
5 1 the federal Violent Crime Control and Law Enforcement Act of
5 2 1994, Pub. L. No. 103-322, shall be accomplished in the same
5 3 manner as in subsection 1, except that the verification shall
5 4 be done every three months at times established by the
5 5 department.
5 6 Sec. 5. NEW SECTION. 692A.5 DUTY TO FACILITATE
5 7 REGISTRATION.
5 8 1. When a person who is required to register under this
5 9 chapter is released from confinement from a jail, prison,
5 10 juvenile facility, or other correctional institution or
5 11 facility, or when such a person is convicted but not
5 12 incarcerated, the warden or superintendent, or in the case of
5 13 conviction without incarceration, the court, shall do the
5 14 following prior to release or sentencing of the convicted
5 15 person:
5 16 a. Obtain fingerprints and a photograph of the person if
5 17 fingerprints and a photograph have not already been obtained
5 18 in connection with the offense that triggers registration. A
5 19 current photograph may also be required.
5 20 b. Inform the person of the duty to register.
5 21 c. Inform the person that, within ten days of changing
5 22 residence, registration with the sheriff in the county in
5 23 which residence is established is required, if the residence
5 24 is within the state.
5 25 d. Inform the person that if the person moves their
5 26 residence to another state, the person must give the person's
5 27 new address to the sheriff's department in the county of the
5 28 person's old residence within ten days of changing addresses,
5 29 and that, if the other state has a registration requirement,
5 30 the person is also required to register in the new state of
5 31 residence, not later than ten days after establishing
5 32 residence in the other state.
5 33 e. Require the person to read and sign a form stating that
5 34 the duty of the person to register under this chapter has been
5 35 explained. If the person cannot read, is unable to write, or
6 1 refuses to cooperate, the duty and the form shall be explained
6 2 orally and a written record maintained by the person
6 3 explaining the duty and the form.
6 4 2. When a person who is required to register under this
6 5 chapter is released from confinement from a jail, prison,
6 6 juvenile facility, or other correctional institution or
6 7 facility, or when such a person is convicted but not
6 8 incarcerated, the warden or superintendent, or in the case of
6 9 conviction without incarceration, the court, shall verify that
6 10 the person has completed initial registration forms, and
6 11 accept the forms on behalf of the sheriff of the county of
6 12 registration. The warden or superintendent or the court shall
6 13 send a copy of the initial registration form to the department
6 14 within three working days of completion of the registration.
6 15 Probation, parole, work release, or any other form of release
6 16 after conviction shall not be granted unless the person has
6 17 registered as required under this chapter.
6 18 3. The warden or superintendent, or in the case the person
6 19 is placed on probation, the court, shall forward one copy of
6 20 the registration to the department and one copy to the sheriff
6 21 of the county in which the person is to reside within three
6 22 days after completion of the registration.
6 23 Sec. 6. NEW SECTION. 692A.6 FAILURE TO COMPLY &endash;
6 24 PENALTY.
6 25 1. Failure to register as required under this chapter is a
6 26 serious misdemeanor for a first offense, an aggravated
6 27 misdemeanor for a second offense, and a class "D" felony for a
6 28 third or subsequent offense. Any fine imposed for a second or
6 29 subsequent offense shall not be suspended. The court shall
6 30 not defer judgment or sentence for any violation of the
6 31 registration requirements of this chapter. The failure of a
6 32 person who is on probation, parole, or work release, or any
6 33 other form of release to register as required under this
6 34 chapter shall result in the automatic revocation of the
6 35 person's probation, parole, or work release.
7 1 2. In determining if a violation is a second or subsequent
7 2 offense, a conviction for a violation of this section which
7 3 occurred more than ten years prior to the date of the
7 4 violation charged shall not be considered in determining that
7 5 the violation charged is a second, third, or subsequent
7 6 offense. Violations in any other states under sex offenders
7 7 registry provisions that are substantially similar to those
7 8 contained in this section shall be counted as previous
7 9 offenses. The court shall judicially notice the statutes of
7 10 other states which are substantially equivalent to this
7 11 section.
7 12 Sec. 7. NEW SECTION. 692A.7 REGISTRATION FORMS.
7 13 Registration forms shall be prepared by the department and
7 14 shall include the registrant's name, the registrant's current
7 15 address, and, if applicable, the registrant's telephone
7 16 number. The forms may provide for the reporting of additional
7 17 relevant information such as, but not limited to, fingerprints
7 18 and photographs. Copies of blank forms shall be available
7 19 upon request to any person from the sheriff.
7 20 Sec. 8. NEW SECTION. 692A.8 DEPARTMENT DUTIES &endash;
7 21 REGISTRY.
7 22 The department shall perform all of the following duties:
7 23 1. Develop and disseminate standard forms for use in
7 24 registering of, verifying addresses of, and verifying
7 25 understanding of registration requirements by persons required
7 26 to register under this chapter. Forms used to verify
7 27 addresses of persons required to register under this chapter
7 28 shall contain a warning against forwarding of the forms and of
7 29 the requirement to return the forms if the person to whom the
7 30 form is directed no longer resides at the address listed on
7 31 the form or the mailing.
7 32 2. Maintain a central registry of information collected
7 33 from persons required to register under this chapter, which
7 34 shall be known as the sex offender registry.
7 35 3. In consultation with the attorney general, adopt rules
8 1 under chapter 17A which list specific offenses under present
8 2 and former law which constitute criminal offenses against a
8 3 minor under this chapter.
8 4 4. Adopt rules under chapter 17A, as necessary, to ensure
8 5 compliance with registration and verification requirements of
8 6 this chapter.
8 7 Sec. 9. NEW SECTION. 692A.9 DUTIES OF THE SHERIFF.
8 8 The sheriff of each county shall comply with the
8 9 requirements of this chapter and rules adopted by the
8 10 department pursuant to this chapter.
8 11 Sec. 10. NEW SECTION. 692A.10 AVAILABILITY OF RECORDS.
8 12 Information contained in the sex offender registry, shall
8 13 be disseminated or redisseminated as follows:
8 14 1. The department or a sheriff may disclose upon request
8 15 the name, address, and the crime for which any person who is
8 16 required to register under this chapter, to any member of the
8 17 general public.
8 18 2. The department or a sheriff may disclose any relevant
8 19 information from the sex offender registry to criminal justice
8 20 agencies for law enforcement or prosecution purposes.
8 21 3. The department or a criminal justice agency with case-
8 22 specific authorization from the department may release
8 23 relevant information from the sex offender registry, other
8 24 than the identity of the victim, that is necessary to protect
8 25 the public concerning a specific person who is required to
8 26 register under this chapter.
8 27 4. The department may disseminate departmental analyses of
8 28 information contained in the sex offender registry to persons
8 29 conducting bona fide research, if the data does not contain
8 30 information identifying the victim.
8 31 5. Criminal history information contained in the registry
8 32 may be released as provided in chapter 692 or used by criminal
8 33 justice agencies as an index for purposes of locating a
8 34 relevant conviction record.
8 35 Sec. 11. NEW SECTION. 692A.11 COOPERATION WITH
9 1 REGISTRATION.
9 2 Each agency of state and local government which possesses
9 3 information relevant to requirements that a person register
9 4 under this chapter shall provide that information to the court
9 5 or the department upon request. All confidential records
9 6 provided under this section shall remain confidential, unless
9 7 otherwise ordered by a court, by the lawful custodian of the
9 8 records, or by another person duly authorized to release such
9 9 information.
9 10 Sec. 12. NEW SECTION. 692A.12 IMMUNITY FOR GOOD FAITH
9 11 CONDUCT.
9 12 Criminal justice agencies and employees of criminal justice
9 13 agencies and state agencies and their employees shall be
9 14 immune from liability for good faith conduct under this
9 15 chapter.
9 16 Sec. 13. NEW SECTION. 692A.13 SUPREME COURT RULES.
9 17 The supreme court shall prescribe rules relating to the
9 18 judicial department's administration of procedures required
9 19 under this chapter.
9 20 EXPLANATION
9 21 This bill establishes a central registry within the
9 22 department of public safety for persons who commit criminal
9 23 offenses against a minor and persons who commit sexually
9 24 violent offenses. Criminal offenses against a minor are
9 25 defined to include kidnapping of a minor, false imprisonment
9 26 of a minor, public offenses involving sexual conduct which is
9 27 directed toward a minor, solicitation of a minor to commit an
9 28 illegal sex act, use of a minor in a sexual performance,
9 29 solicitation of a minor to practice prostitution, public
9 30 offenses involving sexual contact with a minor, dissemination
9 31 and exhibition of obscene materials to minors, admitting
9 32 minors to premises where obscene material is exhibited, and
9 33 offenses committed in another jurisdiction which would be
9 34 criminal offenses against a minor if committed in this state.
9 35 Sexually violent offenses include sexual abuse, assault with
10 1 intent to commit sexual abuse, sexual exploitation by a
10 2 counselor or therapist, sexual misconduct with offenders,
10 3 incest, and murder, kidnapping, or burglary involving sexual
10 4 abuse or attempted sexual abuse. Persons who subject to the
10 5 registration requirement are required to be registered for 10
10 6 years from the date that the person is placed on probation,
10 7 parole, work release, or otherwise released from custody with
10 8 the sheriff of the county of the person's residence. When the
10 9 person is initially released either the court or the agency or
10 10 person releasing the person will collect the initial
10 11 registration information, which will be forwarded to the
10 12 department of public safety and the sheriff of the county in
10 13 which the person is to reside. Each year the department will
10 14 verify the address of any persons convicted of committing
10 15 criminal offenses against minors. The addresses of persons
10 16 convicted of committing sexually violent offenses will be
10 17 verified every three months by the department. Persons who
10 18 are required to register under the bill are also required to
10 19 reregister in the event that the person moves and notify the
10 20 sheriffs in both locations of the address change. Penalties
10 21 are established for a failure to register. A first offense is
10 22 a serious misdemeanor; a second offense is an aggravated
10 23 misdemeanor; and a third or subsequent offense is a class "D"
10 24 felony. Any fines imposed for a second or subsequent
10 25 violation are not to be suspended. Persons who violate the
10 26 registration requirement are not eligible for a deferred
10 27 judgment or sentence. Registry information is considered to
10 28 be a public record and the dissemination and redissemination
10 29 of registry information is specifically authorized for
10 30 criminal justice enforcement agencies. The names, addresses,
10 31 and crimes committed by persons who are on the registry will
10 32 be released to members of the general public upon request.
10 33 State and local government entities are to cooperate with the
10 34 court and the department in the provision of information
10 35 relevant to implementation of the registry. Criminal justice
11 1 agencies and employees of criminal justice agencies, as well
11 2 as state agencies and their employees, are immune from
11 3 liability for good faith conduct under the new chapter
11 4 established in the bill. The department of public safety and
11 5 the supreme court are to adopt rules to implement the
11 6 provisions of the bill.
11 7 This bill may create a state mandate under chapter 25B.
11 8 However, pursuant to section 25B.2, subsection 3, unnumbered
11 9 paragraph 2, any requirement imposed under the bill may not be
11 10 a state mandate which requires full state funding.
11 11 LSB 1584XL 76
11 12 lh/cf/24.2
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