Text: H09142 Text: H09144 Text: H09100 - H09199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8542, to Senate File 2398, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, line 43, by inserting after the word 1 5 "which" the following: "has custody of or". 1 6 #2. Page 1, line 44, by inserting after the word 1 7 "confinement" the following: "or is otherwise in 1 8 confinement". 1 9 #3. Page 1, by inserting after line 48 the 1 10 following: 1 11 "___. "Likely to engage in predatory acts of 1 12 sexual violence" means that the person more likely 1 13 than not will engage in acts of a sexually violent 1 14 nature. If a person is not confined at the time that 1 15 a petition is filed, a person is "likely to engage in 1 16 predatory acts of sexual violence" only if the person 1 17 commits a recent overt act." 1 18 #4. Page 2, by inserting after line 7 the 1 19 following: 1 20 "___. "Recent overt act" means any act that has 1 21 either caused harm of a sexually violent nature or 1 22 creates a reasonable apprehension of such harm." 1 23 #5. Page 2, line 46, by inserting after the word 1 24 "person" the following: "who is confined". 1 25 #6. Page 3, by striking lines 16 through 22. 1 26 #7. Page 3, line 23, by striking the word 1 27 "required" and inserting the following: "given". 1 28 #8. Page 4, line 10, by striking the word "If" and 1 29 inserting the following: "1. If". 1 30 #9. Page 4, by inserting after line 19 the 1 31 following: 1 32 "2. A prosecuting attorney of the county in which 1 33 the person was convicted or charged, or the attorney 1 34 general if requested by the prosecuting attorney, may 1 35 file a petition alleging that a person is a sexually 1 36 violent predator and stating sufficient facts to 1 37 support such an allegation, if it appears that a 1 38 person who has committed a recent overt act meets any 1 39 of the following criteria: 1 40 a. The person was convicted of a sexually violent 1 41 offense and has been discharged after the completion 1 42 of the sentence imposed for the offense. 1 43 b. The person was charged with, but was acquitted 1 44 of, a sexually violent offense by reason of insanity 1 45 and has been released from confinement or any 1 46 supervision. 1 47 c. The person was charged with, but was found to 1 48 be incompetent to stand trial for, a sexually violent 1 49 offense and has been released from confinement or any 1 50 supervision." 2 1 #10. Page 4, line 32, by inserting after the word 2 2 "chapter." the following: "If the person is in 2 3 custody at the time of the filing of the petition, the 2 4 court shall determine whether a transfer of the person 2 5 to an appropriate secure facility is appropriate 2 6 pending the outcome of the proceedings or whether the 2 7 custody order should be delayed until the date of 2 8 release of the person." 2 9 #11. Page 4, line 34, by inserting after the word 2 10 "custody" the following: "or being transferred to an 2 11 appropriate secure facility". 2 12 #12. Page 5, line 26, by inserting after the word 2 13 "respondent" the following: "at state expense". 2 14 #13. Page 6, line 3, by striking the word 2 15 "INTERAGENCY" and inserting the following: "CHAPTER 2 16 28E". 2 17 #14. Page 6, by inserting after line 4, the 2 18 following: 2 19 "___. If the person charged with a sexually 2 20 violent offense has been found incompetent to stand 2 21 trial and the person is about to be released pursuant 2 22 to section 812.5, or the person has been found not 2 23 guilty of a sexually violent offense by reason of 2 24 insanity, if a petition has been filed seeking the 2 25 person's commitment under this chapter, the court 2 26 shall first hear evidence and determine whether the 2 27 person did commit the act or acts charged. At the 2 28 hearing on this issue, the rules of evidence 2 29 applicable in criminal cases shall apply, and all 2 30 constitutional rights available to defendants at 2 31 criminal trials, other than the right not to be tried 2 32 while incompetent, shall apply. After hearing 2 33 evidence on this issue, the court shall make specific 2 34 findings on whether the person did commit the act or 2 35 acts charged, the extent to which the person's 2 36 incompetence or insanity affected the outcome of the 2 37 hearing, including its effect on the person's ability 2 38 to consult with and assist counsel and to testify on 2 39 the person's own behalf, the extent to which the 2 40 evidence could be reconstructed without the assistance 2 41 of the person, and the strength of the prosecution's 2 42 case. If after the conclusion of the hearing on this 2 43 issue, the court finds, beyond a reasonable doubt, 2 44 that the person did commit the act or acts charged, 2 45 the court shall enter a final order, appealable by the 2 46 person, on that issue, and may proceed to consider 2 47 whether the person should be committed pursuant to 2 48 this chapter." 2 49 #15. Page 6, line 5, by striking the words 2 50 "completion of any" and inserting the following: 3 1 "completion of the probable cause". 3 2 #16. Page 6, by striking lines 48 and 49 and 3 3 inserting the following: "enter into a chapter 28E 3 4 agreement with the department of corrections or other 3 5 appropriate agency in this state or another state for 3 6 the confinement of". 3 7 #17. Page 7, line 3, by striking the words "an 3 8 interagency" and inserting the following: "a chapter 3 9 28E". 3 10 #18. Page 7, by striking lines 20 through 48. 3 11 #19. By striking page 10, line 27, through page 3 12 11, line 8. 3 13 #20. Page 11, by inserting after line 38 the 3 14 following: 3 15 "Sec. ___. Section 815.11, Code 1997, is amended 3 16 to read as follows: 3 17 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 3 18 Costs incurred under chapter 229A, section 232.141, 3 19 subsection 3, paragraph "c", sections 814.9, 814.10, 3 20 814.11, 815.4, 815.5, 815.6, 815.7, 815.10, or the 3 21 rules of criminal procedure on behalf of an indigent 3 22 shall be paid from funds appropriated by the general 3 23 assembly to the department of inspections and appeals 3 24 for those purposes." 3 25 #21. By renumbering, relettering, or redesignating 3 26 and correcting internal references as necessary. 3 27 3 28 3 29 3 30 LAMBERTI of Polk 3 31 SF 2398.307 77 3 32 lh/cf/28
Text: H09142 Text: H09144 Text: H09100 - H09199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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