Text: H09142                            Text: H09144
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 9143

Amendment Text

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

Return To Home index


© 1998 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Tue Apr 14 03:46:18 CDT 1998
URL: /DOCS/GA/77GA/Legislation/H/09100/H09143/980413.html
jhf