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PAG LIN 1 1 SENATE FILE 2292 1 2 1 3 AN ACT 1 4 RELATING TO THE SEX OFFENDER REGISTRY AND PROVIDING FOR THE 1 5 ACT'S APPLICABILITY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 692A.1, subsection 3, paragraphs a and 1 10 b, Code Supplement 1997, are amended by striking the 1 11 paragraphs. 1 12 Sec. 2. Section 692A.1, subsection 3, paragraph m, Code 1 13 Supplement 1997, is amended to read as follows: 1 14m.n. An indictable offense committed in another 1 15 jurisdiction which would constitute an indictable offense 1 16 under paragraphs "a" through"l""m". 1 17 Sec. 3. Section 692A.1, subsection 3, Code Supplement 1 18 1997, is amended by adding the following new paragraph after 1 19 paragraph h and by relettering current paragraphs i through l 1 20 as paragraphs j through m: 1 21 NEW PARAGRAPH. i. Incest committed against a minor. 1 22 Sec. 4. Section 692A.1, subsection 6, Code Supplement 1 23 1997, is amended to read as follows: 1 24 6. "Sexually violent offense" means any of the following 1 25 indictable offenses: 1 26 a. Sexual abuse as defined under section 709.1. 1 27 b. Assault with intent to commit sexual abuse in violation 1 28 of section 709.11. 1 29 c. Sexual misconduct with offenders in violation of 1 30 section 709.16. 1 31d. Telephone dissemination of obscene materials in1 32violation of section 728.15.1 33e. Rental or sale of hard-core pornography in violation of1 34section 728.4.1 35f. Indecent exposure in violation of section 709.9.2 1g.d. Any of the following offenses, if the offense 2 2 involves sexual abuse or attempted sexual abuse: murder, 2 3 attempted murder, kidnapping, false imprisonment, burglary, or 2 4 manslaughter. 2 5h.e. A criminal offense committed in another jurisdiction 2 6 which would constitute an indictable offense under paragraphs 2 7 "a" through"g""d" if committed in this state. 2 8 Sec. 5. Section 692A.1, Code Supplement 1997, is amended 2 9 by adding the following new subsections: 2 10 NEW SUBSECTION. 4A. "Other relevant offense" means any of 2 11 the following offenses: 2 12 a. Telephone dissemination of obscene materials in 2 13 violation of section 728.15. 2 14 b. Rental or sale of hard-core pornography in violation of 2 15 section 728.4. 2 16 c. Indecent exposure in violation of section 709.9. 2 17 d. A criminal offense committed in another jurisdiction 2 18 which would constitute an indictable offense under paragraphs 2 19 "a" through "c" if committed in this state. 2 20 NEW SUBSECTION. 8. "Sexually violent predator" means a 2 21 person who has been convicted of an offense under the laws of 2 22 this state or of another state which would qualify the person 2 23 as a sexually violent predator under the federal Violent Crime 2 24 Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 2 25 108 Stat. 1798. 2 26 Sec. 6. Section 692A.2, Code 1997, is amended to read as 2 27 follows: 2 28 692A.2 PERSONS REQUIRED TO REGISTER. 2 29 1. A person who has been convicted ofeithera criminal 2 30 offense against a minor, sexual exploitation, an other 2 31 relevant offense, or a sexually violent offense in this state 2 32 or in another state, or in a federal, military, tribal, or 2 33 foreign court, or a person required to register in another 2 34 state under the state's sex offender registry, shall register 2 35 as provided in this chapter. A person required to register 3 1 under this chapter shall, upon a first conviction, register 3 2 for a period of ten years commencingfromas follows: 3 3 a. From the date of placement on probation,. 3 4 b. From the date of release on parole,or work release,. 3 5 c. From the date of release as a juvenile from foster care 3 6 or residential treatment, or. 3 7 d. From the date of any other release from custody. 3 8 2. If a person is placed on probation, parole, or work 3 9 release and the probation, parole, or work release is revoked, 3 10 the ten years shall commence anew upon release from custody. 3 11 If the person who is required to register under this chapter 3 12 is incarcerated for a crime which does not require 3 13 registration under this chapter, the period of registration is 3 14 tolled until the person is released from incarceration for 3 15 that crime. 3 16 3. A person who is required to register under this chapter 3 17 shall, upon a second or subsequent conviction, register for 3 18 the rest of the person's life. 3 19 4. A person is not required to register while 3 20 incarcerated, in foster care, or in a residential treatment 3 21 program. A person who is convicted, as defined in section 3 22 692A.1, of either a criminal offense against a minoror, 3 23 sexual exploitation, a sexually violent offense, or an other 3 24 relevant offense as a result of adjudication of delinquency in 3 25 juvenile court shallnotbe required to register as required 3 26 in this chapterifunless the juvenile court finds that the 3 27 person should not be required to register under this chapter. 3 28If a person is placed on probation, parole, or work release3 29and the probation, parole, or work release is revoked, the ten3 30years shall commence anew upon release from custody.If a 3 31 juvenile is required to register and the court later modifies 3 32 the order regarding the requirement to register, the court 3 33 shall immediately notify the department. Convictions of more 3 34 than one offense which require registration under this chapter 3 35 but which are prosecuted within a single indictment shall be 4 1 considered as a single offense for purposes of registration. 4 22.5. A person who has been convicted of an offense under 4 3 the laws of this state or of another state which would qualify 4 4 the person as a sexually violent predatorunder the federal4 5Violent Crime Control and Law Enforcement Act of 1994, Pub. L.4 6No. 103-322,shall register as provided in this chapter for an 4 7 indeterminate period terminating only upon a determination by 4 8 the sentencing court that registration is no longer required. 4 9 Sec. 7. Section 692A.3, subsections 2, 3, and 4, Code 4 10 1997, are amended to read as follows: 4 11 2. A person required to register under this chapter shall, 4 12 within ten days of changing residence within a county in this 4 13 state or within ten days of a change in the person's name as a 4 14 result of marriage, dissolution of marriage, or a legal name 4 15 change, notify the sheriff of the county in which the person 4 16 is registered of the change of address, name, and any changes 4 17 in the person's telephone number in writing on a form provided 4 18 by the sheriff. The sheriff shall send a copy of the change 4 19 ofaddressinformation to the department within three working 4 20 days of receipt of notice of theaddresschange. The sex 4 21 offender registry shall maintain and make available 4 22 information from the registry cross-referenced by name at the 4 23 time of conviction and by name subsequent to any change. 4 24 3. A person required to register under this chapter shall 4 25 register with the sheriff of a county in which residence has 4 26 been newly established and notify the sheriff of the county in 4 27 which the person was registered, within ten days of changing 4 28 residence to a location outside the county in which the person 4 29 was registered. Registration shall be in writing on a form 4 30 provided by the sheriff and shall include the person's change 4 31 of address and any changes to the person's telephone number or 4 32 name. The sheriff shall send a copy of the change ofaddress4 33 information to the department within three working days of 4 34 receipt of notice of theaddresschange. 4 35 4. A person required to register under this chapter shall 5 1 notify the sheriff of the county in which the person is 5 2 registered, within ten days of changing residence to a 5 3 location outside this state, of the new residence address and 5 4 any changes in telephone numberand shall register in the5 5other state within the ten days, if persons are required to5 6register under the laws of the other stateor name. The 5 7 sheriff shall send a copy of the changeof addressto the 5 8 department within three working days of receipt of notice of 5 9 theaddresschange. The person must register with the 5 10 registering agency of the other state within ten days of 5 11 changing residency, if persons are required to register under 5 12 the laws of the other state. The department or the sheriff of 5 13 the county in this state in which the person last resided may 5 14 notify the registering agency in the other state of the 5 15 registrant's new address, telephone number, or name. 5 16 Sec. 8. Section 692A.4, subsection 2, Code 1997, is 5 17 amended to read as follows: 5 18 2. Verification of address for a person who has been 5 19 convicted of an offense under the laws of this state or of 5 20 another state which would qualify the person as a sexually 5 21 violent predatorunder the federal Violent Crime Control and5 22Law Enforcement Act of 1994, Pub. L. No. 103-322,shall be 5 23 accomplished in the same manner as in subsection 1, except 5 24 that the verification shall be done every three months at 5 25 times established by the department. 5 26 Sec. 9. Section 692A.5, subsection 1, paragraph a, Code 5 27 Supplement 1997, is amended to read as follows: 5 28 a. Obtain fingerprints, the social security number, and a 5 29 photograph of the person if fingerprints and a photograph and 5 30 the social security number have not already been obtained in 5 31 connection with the offense that triggers registration. A 5 32 current photographmayshall also be required. Additional 5 33 information for a person required to register as a sexually 5 34 violent predator shall include, but not be limited to, other 5 35 identifying factors, anticipated future places of residence, 6 1 offense history, and documentation of any treatment received 6 2 by the person for a mental abnormality or personality 6 3 disorder. 6 4 Sec. 10. Section 692A.5, subsection 2, unnumbered 6 5 paragraph 2, Code Supplement 1997, is amended to read as 6 6 follows: 6 7 If the offender refuses to register, the sheriff, warden, 6 8 or superintendent shall immediately notify a prosecuting 6 9 attorney in the county in which the offender was convicted or, 6 10 if the offender no longer resides in that county, in the 6 11 county in which the offender resides of the refusal to 6 12 register. The prosecuting attorneymayshall bring a contempt 6 13 of court action against the offender in the county in which 6 14 the offender was convicted or, if the offender no longer 6 15 resides in that county, in the county in which the offender 6 16 resides. An offender who refuses to registermayshall be 6 17 held in contempt and may be incarcerated following the entry 6 18 of judgment by the court on the contempt action until the 6 19 offender complies with the registration requirements. 6 20 Sec. 11. Section 692A.7, subsection 1, Code 1997, is 6 21 amended to read as follows: 6 22 1. A willful failure to register as required under this 6 23 chapter is an aggravated misdemeanor for a first offense and a 6 24 class "D" felony for a second or subsequent offense. However, 6 25 a person who willfully fails to register as required under 6 26 this chapter and who commits a criminal offense against a 6 27 minor, sexual exploitation, an other relevant offense, or a 6 28 sexually violent offense is guilty of a class "C" felony. Any 6 29 fine imposed for a second or subsequent offense shall not be 6 30 suspended. The court shall not defer judgment or sentence for 6 31 any violation of the registration requirements of this 6 32 chapter. The willful failure of a person who is on probation, 6 33 parole, or work release, or any other form of release to 6 34 register as required under this chapter shall result in the 6 35 automatic revocation of the person's probation, parole, or 7 1 work release. 7 2 Sec. 12. Section 692A.9, Code 1997, is amended to read as 7 3 follows: 7 4 692A.9 REGISTRATION FORMS. 7 5 Registration forms shall be prepared by the department and 7 6 shall include the registrant's name at the time of conviction 7 7 and any change of name as a result of marriage, dissolution of 7 8 marriage, or legal name change, the registrant's social 7 9 security number, date of birth, the registrant's current 7 10 address, and, if applicable, the registrant's telephone 7 11 number. The forms may provide for the reporting of additional 7 12 relevant information such as, but not limited to, fingerprints 7 13 and photographs but shall not include information identifying 7 14 the victim of the crime of which the registrant was convicted. 7 15 Additional information for persons required to register as a 7 16 sexually violent predator shall include, but not be limited 7 17 to, other identifying factors, anticipated future places of 7 18 residence, offense history, and documentation of any treatment 7 19 received by the person for mental abnormality or personality 7 20 disorder. Copies of blank forms shall be available upon 7 21 request to any person from the sheriff. 7 22 Sec. 13. Section 692A.13, subsection 3, Code 1997, is 7 23 amended to read as follows: 7 24 3. The department or a criminal or juvenile justice agency 7 25with case-specific authorization from the departmentmay 7 26 release relevant information from the registryregarding a7 27criminal offense against a minor, sexual exploitation, or a7 28sexually violent offense, that is necessary to protect theto 7 29 members of the general public concerning a specific person who 7 30 is required to register under this chapter as follows: 7 31 a. Any person may contact a sheriff's office or a police 7 32 department in writing to request information regarding any 7 33 person required to register. A request for information shall 7 34 include the name and one or more of the following identifiers 7 35 pertaining to the person about whom information is sought: 8 1 (1) The person's date of birth. 8 2 (2) The person's social security number. 8 3 (3) The person's address. 8 4 b. A county sheriff or a police department shall also 8 5 provide to any person upon request a list of all registrants 8 6 in that county who have been classified as "at-risk" in this 8 7 state. 8 8 c. For offenders who have been classified as "at-risk" in 8 9 this state pursuant to an assessment conducted as provided in 8 10 subsection 6, the department or a criminal or juvenile justice 8 11 agency may also release the offender's name, a photograph, 8 12 locations frequented by the offender, and relevant Iowa 8 13 criminal history information from the registry to public and 8 14 private schools, child day care centers, family day care 8 15 providers, businesses, and organizations that serve primarily 8 16 children, women, or vulnerable adults, and neighbors and 8 17 community groups, or to the public at large. The extent of 8 18 public disclosure of the information shall be rationally 8 19 related to the following: 8 20 (1) The level of risk posed by the offender to the 8 21 community. 8 22 (2) The locations where the offender resides, expects to 8 23 reside, or is regularly found. 8 24 (3) The needs of the affected community members for 8 25 information to enhance their individual and collective safety. 8 26 d. The department shall provide electronic access to 8 27 relevant information from the registry pertaining to offenders 8 28 who are convicted of a criminal offense against a minor, 8 29 sexual exploitation, an other relevant offense, or a sexually 8 30 violent offense on or after the effective date of this Act and 8 31 who have been classified as "at-risk". 8 32 Sec. 14. Section 692A.13, subsections 6 and 7, Code 1997, 8 33 are amended by striking the subsections and inserting in lieu 8 34 thereof the following: 8 35 6. The department of corrections, the department of human 9 1 services, and the department of public safety shall, in 9 2 consultation with one another, develop methods and procedures 9 3 for the assessment of the risk that persons required to 9 4 register under this chapter pose of reoffending. The 9 5 department of corrections, in consultation with the department 9 6 of human services, the department of public safety, and the 9 7 attorney general, shall adopt rules relating to assessment 9 8 procedures. The assessment procedures shall include 9 9 procedures for the sharing of information between the 9 10 department of corrections, department of human services, and 9 11 the division of criminal investigation of the department of 9 12 public safety, as well as the communication of the results of 9 13 the risk assessment to criminal and juvenile justice agencies. 9 14 The assignment of responsibility for the assessment of risk 9 15 shall be as follows: 9 16 a. The department of corrections shall perform the 9 17 assessment of risk for persons who are incarcerated in 9 18 institutions under the control of the director of the 9 19 department of corrections, persons who are under the 9 20 supervision of the department of corrections or a judicial 9 21 district department of correctional services, and persons who 9 22 are under the supervision or control of the department of 9 23 corrections or a judicial district department of correctional 9 24 services through an interstate compact. 9 25 b. The department of human services shall perform the 9 26 assessment of risk for persons who are confined in 9 27 institutions under the control of the director of human 9 28 services, persons who are under the supervision of the 9 29 department of human services, and persons who are under the 9 30 supervision or control of the department of human services 9 31 through an interstate compact. 9 32 c. The division of criminal investigation of the 9 33 department of public safety shall perform the assessment of 9 34 risk for persons who have moved to Iowa but are not under the 9 35 supervision of the department of corrections, a judicial 10 1 district department of correctional services, or the 10 2 department of human services; federal parolees or 10 3 probationers; persons who have been released from a county 10 4 jail but are not under the supervision of the department of 10 5 corrections, a judicial district department of correctional 10 6 services, or the department of human services; juveniles who 10 7 are not incarcerated but who are placed under the supervision 10 8 of juvenile court services; and persons who are convicted and 10 9 released by the courts and are not incarcerated or placed 10 10 under supervision pursuant to the court's sentencing order. 10 11 Assessments of persons who have moved to Iowa and persons on 10 12 federal parole or probation shall be performed on an expedited 10 13 basis if the person was classified as a person with a high 10 14 degree of likelihood of reoffending by the other jurisdiction 10 15 or the federal government. 10 16 7. By January 1, 1999, the department of corrections, the 10 17 department of human services, and the division of criminal 10 18 investigation of the department of public safety shall, in 10 19 consultation with one another and associations which represent 10 20 criminal and juvenile justice agencies, develop a model policy 10 21 for disclosure of information about persons required to 10 22 register under this chapter to members of the general public. 10 23 The model policy shall be designed to further the objectives 10 24 of providing adequate and timely notice to the community 10 25 concerning sex offenders who are or will be residing in the 10 26 community and of assisting community members in developing 10 27 constructive plans to prepare themselves. 10 28 Sec. 15. Section 692A.13, subsection 8, Code 1997, is 10 29 amended to read as follows: 10 30 8. Notwithstanding sections 232.147 through 232.151, 10 31 records concerning convictions for criminal offenses against a 10 32 minor, sexual exploitation, other relevant offenses, or 10 33 sexually violent offenses which are committed by a minor may 10 34 be released in the same manner as records of convictions of 10 35 adults. 11 1 Sec. 16. NEW SECTION. 692A.16 APPLICABILITY OF CHAPTER. 11 2 1. The registration requirements of this chapter shall 11 3 apply to persons convicted of a criminal offense against a 11 4 minor, sexual exploitation, an other relevant offense, or a 11 5 sexually violent offense prior to July 1, 1995, are released 11 6 on or after July 1, 1995, who are participating in a work 11 7 release or institutional work release program on or after July 11 8 1, 1995, or who are under parole or probation supervision by a 11 9 judicial district department of correctional services on or 11 10 after July 1, 1995. 11 11 2. Persons required to register under subsection 1 shall 11 12 register for a period of ten years commencing with the later 11 13 of either July 1, 1995, or the date of the person's release 11 14 from confinement, release on work release or institutional 11 15 work release, or release on parole or probation. For persons 11 16 released from confinement, registration shall be initiated by 11 17 the warden, sheriff, or superintendent in charge of the place 11 18 of confinement in the same manner as provided in section 11 19 692A.5. For persons who are under parole or probation 11 20 supervision, the person's parole or probation officer shall 11 21 inform the person of the person's duty to register and shall 11 22 obtain the registration information from the person as 11 23 required under section 692A.5. 11 24 Sec. 17. Section 901.4, Code 1997, is amended to read as 11 25 follows: 11 26 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL. 11 27 The presentence investigation report is confidential and 11 28 the court shall provide safeguards to ensure its 11 29 confidentiality, including but not limited to sealing the 11 30 report, which may be opened only by further court order. At 11 31 least three days prior to the date set for sentencing, the 11 32 court shall serve all of the presentence investigation report 11 33 upon the defendant's attorney and the attorney for the state, 11 34 and the report shall remain confidential except upon court 11 35 order. However, the court may conceal the identity of the 12 1 person who provided confidential information. The report of a 12 2 medical examination or psychological or psychiatric evaluation 12 3 shall be made available to the attorney for the state and to 12 4 the defendant upon request. The reports are part of the 12 5 record but shall be sealed and opened only on order of the 12 6 court. If the defendant is committed to the custody of the 12 7 Iowa department of corrections and is not a class "A" felon, a 12 8 copy of the presentence investigation report shall be 12 9 forwarded to the director with the order of commitment by the 12 10 clerk of the district court and to the board of parole at the 12 11 time of commitment. The defendant or the defendant's attorney 12 12 may file with the presentence investigation report, a denial 12 13 or refutation of the allegations, or both, contained in the 12 14 report. The denial or refutation shall be included in the 12 15 report. If the person is sentenced for an offense which 12 16 requires registration under chapter 692A, the court shall 12 17 release the report to the department which is responsible 12 18 under section 692A.13 for performing the assessment of risk. 12 19 Sec. 18. MEGAN'S LAW COMPLIANCE DETERMINATION. The 12 20 department of public safety shall submit a request to the 12 21 United States department of justice for a determination of 12 22 whether the failure of a state to include as criminal offenses 12 23 against a minor the offenses of kidnapping or false 12 24 imprisonment of a minor, committed by someone other than a 12 25 parent and which do not involve sexual abuse or attempted 12 26 sexual abuse, will result in a state being found not to be in 12 27 compliance with the federal Megan's Law amendment to the Jacob 12 28 Wetterling Crimes Against Children and Sexually Violent 12 29 Offender Registration Act specified in section 170101(f) of 12 30 Pub. L. No. 104-145, 110 Stat. 1345 (codified at 42 U.S.C. } 12 31 14071(f)). If the department of public safety receives, as a 12 32 result of the request, an opinion that the failure to include 12 33 those offenses as criminal offenses against a minor will cause 12 34 a state to not be in compliance with the federal Megan's Law 12 35 amendment, the department shall seek an exception to the 13 1 requirement for inclusion of those offenses and shall report 13 2 the information regarding the contents of the United States 13 3 department of justice opinion and any results of the exception 13 4 request at the commencement of the session of the general 13 5 assembly which convenes in January of 1999. 13 6 13 7 13 8 13 9 MARY E. KRAMER 13 10 President of the Senate 13 11 13 12 13 13 13 14 RON J. CORBETT 13 15 Speaker of the House 13 16 13 17 I hereby certify that this bill originated in the Senate and 13 18 is known as Senate File 2292, Seventy-seventh General Assembly. 13 19 13 20 13 21 13 22 MARY PAT GUNDERSON 13 23 Secretary of the Senate 13 24 Approved , 1998 13 25 13 26 13 27 13 28 TERRY E. BRANSTAD 13 29 Governor
Text: SF02291 Text: SF02293 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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