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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