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Senate Study Bill 194

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  124.401C  MANUFACTURING
  1  2 METHAMPHETAMINE IN PRESENCE OF MINORS.
  1  3    1.  In addition to any other penalties provided in this
  1  4 chapter, a person who is eighteen years of age or older and
  1  5 who either directly or by extraction from natural substances,
  1  6 or independently by means of chemical processes, or both,
  1  7 unlawfully manufactures methamphetamine, its salts, isomers,
  1  8 and salts of its isomers in the presence of a minor shall be
  1  9 sentenced up to an additional term of confinement of five
  1 10 years.
  1 11    2.  For purposes of this section, the term "in the presence
  1 12 of a minor" shall mean any of the following:
  1 13    a.  When a minor is physically present during the activity.
  1 14    b.  When the activity is conducted in the residence of a
  1 15 minor.
  1 16    c.  When the activity is conducted in a residence where
  1 17 minors can reasonably be expected to be present.
  1 18    d.  When the activity is conducted in a room offered to the
  1 19 public for overnight accommodation.
  1 20    Sec. 2.  Section 657.2, Code 1997, is amended by adding the
  1 21 following new subsection:
  1 22    NEW SUBSECTION.  14.  A violation of section 728.4 or 728.5
  1 23 or the knowing dissemination or exhibition of obscene material
  1 24 as defined in section 728.1 to a minor from a place of
  1 25 business.
  1 26    Sec. 3.  Section 724.8, Code 1997, is amended by adding the
  1 27 following new subsection:
  1 28    NEW SUBSECTION.  7.  The person is not the subject of a
  1 29 restraining order or protective order.
  1 30    Sec. 4.  Section 724.13, Code 1997, is amended to read as
  1 31 follows:
  1 32    724.13  REVOCATION OF PERMIT TO CARRY WEAPONS.
  1 33    The issuing officer may shall revoke any permit to carry
  1 34 weapons when the officer learns that any of the conditions
  1 35 required for the issuance of that permit as stated in sections
  2  1 724.6 to through 724.10 have ceased to exist, or when the
  2  2 officer learns that that permit was improperly issued.  When
  2  3 the issuing officer revokes a permit, the officer shall notify
  2  4 the permit holder of such revocation on a form prescribed and
  2  5 published by the commissioner of public safety, and shall
  2  6 forward a copy of the form to the commissioner of public
  2  7 safety.  From the time the permit holder receives notice of
  2  8 revocation, the permit shall cease to have any force or
  2  9 effect.  Permit revocations may be reviewed by writ of
  2 10 certiorari.
  2 11    Sec. 5.  Section 724.15, subsection 1, Code 1997, is
  2 12 amended by adding the following new paragraph:
  2 13    NEW PARAGRAPH.  g.  The person is not the subject of a
  2 14 restraining order or protective order.
  2 15    Sec. 6.  Section 724.15, subsection 3, Code 1997, is
  2 16 amended to read as follows:
  2 17    3.  The annual permit to acquire pistols or revolvers shall
  2 18 authorize the permit holder to acquire one or more pistols or
  2 19 revolvers during the period that the permit remains valid.  If
  2 20 the issuing officer determines that the applicant has become
  2 21 disqualified under the provisions of subsection 1, the issuing
  2 22 officer may shall immediately invalidate the permit.  When the
  2 23 issuing officer invalidates a permit, the officer shall notify
  2 24 the permit holder of the invalidation on a form prescribed and
  2 25 published by the commissioner of public safety.  Upon receipt
  2 26 of the notice of invalidation by the permit holder, the permit
  2 27 shall cease to have any force or effect.  Decisions of an
  2 28 issuing officer to invalidate a permit may be reviewed by the
  2 29 district court and any appellant court which may review the
  2 30 district court decision, pursuant to a writ of certiorari.
  2 31    Sec. 7.  Section 728.1, Code 1997, is amended by adding the
  2 32 following new subsection:
  2 33    NEW SUBSECTION.  5A.  "Place of business" means the
  2 34 premises of a business required to obtain a sales tax permit
  2 35 pursuant to chapter 422, the premises of a nonprofit or not-
  3  1 for-profit organization, and the premises of an establishment
  3  2 which is open to the public at large or where entrance is
  3  3 limited by a cover charge or membership requirement.
  3  4    Sec. 8.  Section 728.4, Code 1997, is amended to read as
  3  5 follows:
  3  6    728.4  RENTAL OR SALE OF HARD-CORE PORNOGRAPHY.
  3  7    A person who knowingly rents, exhibits, disseminates,
  3  8 sells, or offers for rental or sale material depicting
  3  9 patently offensive representations of oral, anal, or vaginal
  3 10 intercourse, actual or simulated, involving humans, or
  3 11 depicting patently offensive representations of masturbation,
  3 12 excretory functions, or bestiality, or lewd exhibition of the
  3 13 genitals, which the average adult taking the material as a
  3 14 whole in applying statewide contemporary community standards
  3 15 would find appeals to the prurient interest; and which
  3 16 material, taken as a whole, lacks serious literary,
  3 17 scientific, political, or artistic value, upon conviction is
  3 18 guilty of an aggravated misdemeanor.  However, second and
  3 19 subsequent violations of this section by a person who has been
  3 20 previously convicted of violating this section are class "D"
  3 21 felonies.  Charges under this section may only be brought by a
  3 22 county attorney or by the attorney general.
  3 23    Sec. 9.  Section 728.5, Code 1997, is amended to read as
  3 24 follows:
  3 25    728.5  PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS.
  3 26    A holder of a liquor license or beer permit or any An
  3 27 owner, manager, or person who exercises direct control over
  3 28 any licensed premises defined in section 123.3, subsection 20
  3 29 a place of business required to obtain a sales tax permit
  3 30 shall be guilty of a serious misdemeanor under any of the
  3 31 following circumstances:
  3 32    1.  If such person allow allows or permit permits the
  3 33 actual or simulated public performance of any sex act upon or
  3 34 in such licensed premises place of business.
  3 35    2.  If such person allow allows or permit permits the
  4  1 exposure of the genitals or buttocks or female breast of any
  4  2 person who acts as a waiter or waitress.
  4  3    3.  If such person allow allows or permit permits the
  4  4 exposure of the genitals or female breast nipple of any person
  4  5 who acts as an entertainer, whether or not the owner of the
  4  6 licensed premises place of business in which the activity is
  4  7 performed employs or pays any compensation to such person to
  4  8 perform such activity.
  4  9    4.  If such person allow allows or permit permits any
  4 10 person to remain in or upon the licensed premises place of
  4 11 business who exposes to public view the person's genitals,
  4 12 pubic hair, or anus.
  4 13    5.  If such person allow or permit the displaying of moving
  4 14 pictures, films, or pictures depicting any sex act or the
  4 15 display of the pubic hair, anus, or genitals upon or in such
  4 16 licensed premises.
  4 17    6 5.  If such person advertises that any activity
  4 18 prohibited by this section is allowed or permitted in such
  4 19 licensed premises place of business.
  4 20    7 6.  If such person allows or permits a minor to engage in
  4 21 or otherwise perform in a live act intended to arouse or
  4 22 satisfy the sexual desires or appeal to the prurient interests
  4 23 of patrons.  However, if such person allows or permits a minor
  4 24 to participate in any act included in subsections 1 through 4,
  4 25 the person shall be guilty of an aggravated misdemeanor.
  4 26    In addition, a holder of a liquor license or beer permit or
  4 27 an owner, manager, or person who exercises direct control over
  4 28 any licensed premises defined in section 123.3, subsection 20,
  4 29 shall be guilty of a serious misdemeanor if such person allows
  4 30 or permits the displaying of moving pictures, films, or
  4 31 pictures depicting any sex act or the displaying of the pubic
  4 32 hair, anus, or genitals upon or in such licensed premises.
  4 33    Provided that the The provisions of this section shall not
  4 34 apply to a theater, concert hall, art center, museum, or
  4 35 similar establishment which is primarily devoted to the arts
  5  1 or theatrical performances and in which any of the
  5  2 circumstances contained in this section were permitted or
  5  3 allowed as part of such art exhibits or performances.
  5  4    Sec. 10.  Section 728.8, Code 1997, is amended to read as
  5  5 follows:
  5  6    728.8  SUSPENSION OF LICENSES OR PERMITS.
  5  7    Any person who knowingly permits a violation of section
  5  8 728.2, 728.3, or 728.5, subsection 7 6, to occur on premises
  5  9 under the person's control shall have all permits and licenses
  5 10 issued to the person under state or local law as a
  5 11 prerequisite for doing business on such premises revoked for a
  5 12 period of six months.  The county attorney shall notify all
  5 13 agencies responsible for issuing licenses and permits of any
  5 14 conviction under section 728.2, 728.3, or 728.5, subsection 7
  5 15 6.
  5 16    Sec. 11.  NEW SECTION.  728.16  PUBLIC NUISANCE.
  5 17    A person who violates section 728.4 or 728.5 or who
  5 18 knowingly disseminates or exhibits obscene material to a minor
  5 19 from a place of business operates a public nuisance subject to
  5 20 the provisions of chapter 657.
  5 21    Sec. 12.  Section 901.2, Code 1997, is amended by adding
  5 22 the following new subsection:
  5 23    NEW SUBSECTION.  4.  If the person has been convicted of a
  5 24 serious sex offense as defined in section 903B.1, subsection
  5 25 3, a plan for initiation of medroxyprogesterone acetate
  5 26 treatment in the manner provided in that section.
  5 27    Sec. 13.  NEW SECTION.  903B.1  HORMONAL INTERVENTION
  5 28 THERAPY – CERTAIN SEX OFFENSES.
  5 29    1.  A person who has been convicted of a serious sex
  5 30 offense may, upon a first conviction and in addition to any
  5 31 other punishment provided by law, be required to undergo
  5 32 medroxyprogesterone acetate treatment as part of any
  5 33 conditions of release imposed by the court or the board of
  5 34 parole.  Upon a second or subsequent conviction, the court or
  5 35 the board of parole shall require the person to undergo
  6  1 medroxyprogesterone acetate treatment as a condition of
  6  2 release.  This section shall not apply if the person
  6  3 voluntarily undergoes a permanent surgical alternative
  6  4 approved by the court or the board of parole.
  6  5    2.  If a person is placed on probation and is not in
  6  6 confinement at the time of sentencing, the presentence
  6  7 investigation shall include a plan for initiation of treatment
  6  8 as soon as is reasonably possible after the person is
  6  9 sentenced.  If the person is in confinement prior to release
  6 10 on probation or parole, treatment shall commence prior to the
  6 11 release of the person from confinement.  Conviction of a
  6 12 serious sex offense shall constitute exceptional circumstances
  6 13 warranting a presentence investigation under section 901.2.
  6 14    3.  For purposes of this section, a "serious sex offense"
  6 15 means any of the following offenses in which the victim was a
  6 16 child who was, at the time the offense was committed, twelve
  6 17 years of age or younger:
  6 18    a.  Sexual abuse in the first degree, in violation of
  6 19 section 709.2.
  6 20    b.  Sexual abuse in the second degree, in violation of
  6 21 section 709.3.
  6 22    c.  Sexual abuse in the third degree, in violation of
  6 23 section 709.4.
  6 24    d.  Lascivious acts with a child, in violation of section
  6 25 709.8.
  6 26    e.  Assault with intent, in violation of section 709.11.
  6 27    f.  Indecent contact with a minor, in violation of section
  6 28 709.12.
  6 29    g.  Lascivious conduct with a minor, in violation of
  6 30 section 709.14.
  6 31    h.  Sexual exploitation by a counselor in violation of
  6 32 section 709.15.
  6 33    i.  Sexual exploitation of a minor, in violation of section
  6 34 728.12.
  6 35    4.  The department of corrections, in consultation with the
  7  1 board of parole, shall adopt rules which provide for the
  7  2 initiation of medroxyprogesterone acetate treatment prior to
  7  3 the parole or work release of a person who has been convicted
  7  4 of a serious sex offense and who is required to undergo
  7  5 treatment as a condition of release by the board of parole.
  7  6 The department's rules shall also establish standards for the
  7  7 supervision of the treatment by the judicial district
  7  8 department of correctional services during the period of
  7  9 release.  Each district department of correctional services
  7 10 shall adopt policies and procedures which provide for the
  7 11 initiation or continuation of medroxyprogesterone acetate
  7 12 treatment as a condition of release for each person who is
  7 13 required to undergo the treatment by the court or the board of
  7 14 parole.  The board of parole shall, in consultation with the
  7 15 department of corrections, adopt rules which relate to
  7 16 initiation or continuation of medroxyprogesterone acetate
  7 17 treatment as a condition of any parole or work release.
  7 18    Sec. 14.  Section 907.2, unnumbered paragraph 2, Code 1997,
  7 19 is amended to read as follows:
  7 20    Probation officers employed by the judicial district
  7 21 department of correctional services, while performing the
  7 22 duties prescribed by that department, are peace officers.
  7 23 Probation officers shall investigate all persons referred to
  7 24 them for investigation by the director of the judicial
  7 25 district department of correctional services which employs
  7 26 them.  They shall furnish to each person released under their
  7 27 supervision or committed to a community corrections
  7 28 residential facility operated by the judicial district
  7 29 department of correctional services, a written statement of
  7 30 the conditions of probation or commitment.  They shall keep
  7 31 informed of each person's conduct and condition and shall use
  7 32 all suitable methods prescribed by the judicial district
  7 33 department of correctional services to aid and encourage the
  7 34 person to bring about improvements in the person's conduct and
  7 35 condition.  Probation officers shall keep records of their
  8  1 work and, unless section 907.8A applies, shall make reports to
  8  2 the court when alleged violations occur and within no less
  8  3 than thirty days before the period of probation will expire.
  8  4 If section 907.8A applies, the probation officers shall make
  8  5 the reports of alleged violations to the administrative
  8  6 probation judge within no less than thirty days before the
  8  7 period of probation will expire.  Probation officers shall
  8  8 coordinate their work with other social welfare agencies which
  8  9 offer services of a corrective nature operating in the area to
  8 10 which they are assigned.
  8 11    Sec. 15.  Section 907.7, unnumbered paragraphs 1 and 2,
  8 12 Code 1997, are amended to read as follows:
  8 13    The length of the probation shall be for such term as the
  8 14 court may shall fix but not to exceed five years if the
  8 15 offense is a felony or not to exceed two years if the offense
  8 16 is a misdemeanor.
  8 17    The length of the probation shall not be less than one year
  8 18 if the offense is a misdemeanor and shall not be less than two
  8 19 years if the offense is a felony.  However, the court or the
  8 20 administrative parole and probation judge, if section 907.8A
  8 21 applies, may subsequently reduce the length of the probation
  8 22 if the court or the administrative parole and probation judge
  8 23 determines that the purposes of probation have been fulfilled.
  8 24 The purposes of probation are to provide maximum opportunity
  8 25 for the rehabilitation of the defendant and to protect the
  8 26 community from further offenses by the defendant and others.
  8 27    Sec. 16.  Section 907.8, unnumbered paragraph 3, Code 1997,
  8 28 is amended to read as follows:
  8 29    Jurisdiction of Except as otherwise provided in section
  8 30 907.8A, the court shall retain jurisdiction over these persons
  8 31 shall remain with the sentencing court.  Jurisdiction may be
  8 32 transferred to a court in another jurisdiction, or to the
  8 33 administrative parole and probation judge under section
  8 34 907.8A, if a person's probation supervision is transferred to
  8 35 a judicial district department of correctional services in a
  9  1 district other than the district in which the person was
  9  2 sentenced.
  9  3    Sec. 17.  NEW SECTION.  907.8A  SIXTH JUDICIAL DISTRICT –
  9  4 DETERMINATION OF ISSUES DURING PROBATIONARY PERIOD.
  9  5    1.  Except for those persons who are granted a deferred
  9  6 judgment or deferred sentence, for each adult, and each
  9  7 juvenile who has been prosecuted, convicted, and sentenced as
  9  8 an adult, who is released on probation by the court in the
  9  9 sixth judicial district, the jurisdiction of the sentencing
  9 10 court shall cease upon approval by the sentencing court of the
  9 11 conditions established by the judicial district department of
  9 12 correctional services.  If a person is granted a deferred
  9 13 judgment or deferred sentence, jurisdiction shall be retained
  9 14 by the court.
  9 15    2.  All issues relating to whether the probationer has
  9 16 violated or fulfilled the terms and conditions of probation,
  9 17 including but not limited to express violations of a specific
  9 18 term of probation, new violations of the law, and changes of
  9 19 the term of probation as provided in sections 907.7, 908.11,
  9 20 and 910.4, which would otherwise be determined by the court,
  9 21 shall be determined instead by an administrative parole and
  9 22 probation judge.  The administrative parole and probation
  9 23 judge, who shall be an attorney, shall be appointed by the
  9 24 board of parole, notwithstanding chapter 17A.  The costs of
  9 25 employing the administrative parole and probation judge shall
  9 26 be borne by the board of parole.
  9 27    A probation hearing conducted by an administrative parole
  9 28 and probation judge shall be conducted in the same manner as
  9 29 hearings regarding revocations or modifications of or
  9 30 discharge from parole.  The hearing may be conducted
  9 31 electronically.  The probation officer shall notify the county
  9 32 attorney at least five days prior to any probation hearing.
  9 33 The interests of the state shall be represented by the
  9 34 probation officer at the probation hearing, unless the county
  9 35 attorney or the county attorney's designee elects to assist
 10  1 the probation officer.  The board of parole, the department of
 10  2 corrections, and the clerk of the district court in the sixth
 10  3 judicial district shall devise and implement a system for the
 10  4 filing of documents and records of probation hearings
 10  5 conducted under this section.  The system shall allow for the
 10  6 electronic filing of records and documents where electronic
 10  7 filing is practicable.
 10  8    3.  Appeals from orders of the administrative parole and
 10  9 probation judge which pertain to the revocations or
 10 10 modifications of or discharge from probation shall be
 10 11 conducted in the manner provided in rules adopted by the board
 10 12 of parole.
 10 13    Sec. 18.  Section 907.9, Code 1997, is amended to read as
 10 14 follows:
 10 15    907.9  DISCHARGE FROM PROBATION.
 10 16    1.  At Except as otherwise provided in section 907.8A, at
 10 17 any time that the court determines that the purposes of
 10 18 probation have been fulfilled, the court may order the
 10 19 discharge of a person from probation.
 10 20    2.  At any time that a probation officer determines that
 10 21 the purposes of probation have been fulfilled, the officer may
 10 22 order the discharge of a person from probation after approval
 10 23 of the district director, and notification of the sentencing
 10 24 court, the administrative parole and probation judge if
 10 25 section 907.8A applies, and the county attorney who prosecuted
 10 26 the case.
 10 27    3.  The sentencing judge, unless the judge is no longer
 10 28 serving or is otherwise unable to, or, if section 907.8A
 10 29 applies, the administrative parole and probation judge, may
 10 30 order a hearing on its own motion, or shall order a hearing
 10 31 upon the request of the county attorney, for review of such
 10 32 discharge.  If the sentencing judge is no longer serving or
 10 33 unable to order such hearing, the chief judge of the district
 10 34 or the chief judge's designee shall order any hearing pursuant
 10 35 to this section, if section 907.8A does not apply.  Following
 11  1 the hearing, the court or the administrative parole and
 11  2 probation judge shall approve or rescind such discharge.  If a
 11  3 hearing is not ordered within thirty days after notification
 11  4 by the probation officer, the person shall be discharged and
 11  5 the probation officer shall notify the state court
 11  6 administrator of such discharge.
 11  7    4.  At the expiration of the period of probation, in cases
 11  8 where the court fixes the term of probation, the court or, if
 11  9 section 907.8A applies, the administrative parole and
 11 10 probation judge, shall order the discharge of the person from
 11 11 probation, and the court or administrative parole and
 11 12 probation judge shall forward to the governor a recommendation
 11 13 for or against restoration of citizenship rights to that
 11 14 person.  A person who has been discharged from probation shall
 11 15 no longer be held to answer for the person's offense.  Upon
 11 16 discharge from probation, if judgment has been deferred under
 11 17 section 907.3, the court's criminal record with reference to
 11 18 the deferred judgment shall be expunged.  The record
 11 19 maintained by the state court administrator as required by
 11 20 section 907.4 shall not be expunged.  The court's record shall
 11 21 not be expunged in any other circumstances.
 11 22    5.  A probation officer or the director of the judicial
 11 23 district department of correctional services who acts in
 11 24 compliance with this section is acting in the course of the
 11 25 person's official duty and is not personally liable, either
 11 26 civilly or criminally, for the acts of a person discharged
 11 27 from probation by the officer after such discharge, unless the
 11 28 discharge constitutes willful disregard of the person's duty.
 11 29    Sec. 19.  Section 908.11, Code 1997, is amended to read as
 11 30 follows:
 11 31    908.11  VIOLATION OF PROBATION.
 11 32    1.  A probation officer or the judicial district department
 11 33 of correctional services having probable cause to believe that
 11 34 any person released on probation has violated the conditions
 11 35 of probation shall proceed by arrest or summons as in the case
 12  1 of a parole violation.
 12  2    2.  The Except as otherwise provided in sections 907.8 and
 12  3 907.8A, the functions of the liaison officer and the board of
 12  4 parole shall be performed by the judge or magistrate who
 12  5 placed the alleged violator on probation if that judge or
 12  6 magistrate is available, otherwise by another judge or
 12  7 magistrate who would have had jurisdiction to try the original
 12  8 offense.
 12  9    3.  If the probation officer proceeds by arrest and section
 12 10 907.8A does not apply, any magistrate may receive the
 12 11 complaint, issue an arrest warrant, or conduct the initial
 12 12 appearance and probable cause hearing if it is not convenient
 12 13 for the judge who placed the alleged violator on probation to
 12 14 do so.  The initial appearance, probable cause hearing, and
 12 15 probation revocation hearing, or any of them, may at the
 12 16 discretion of the court be merged into a single hearing when
 12 17 it appears that the alleged violator will not be prejudiced
 12 18 thereby by the merger.
 12 19    4.  If the person who is believed to have violated the
 12 20 conditions of probation was sentenced and placed on probation
 12 21 in the sixth judicial district under section 907.8A, or
 12 22 jurisdiction over the person was transferred to the sixth
 12 23 judicial district as a result of transfer of the person's
 12 24 probation supervision, the functions of the liaison officer
 12 25 and the board of parole shall be performed by the
 12 26 administrative parole and probation judge as provided in
 12 27 section 907.8A.
 12 28    5.  If the probation officer proceeds by arrest and section
 12 29 907.8A applies, the administrative parole and probation judge
 12 30 may receive the complaint, issue an arrest warrant, or conduct
 12 31 the initial appearance and probable cause hearing.  The
 12 32 initial appearance, probable cause hearing, and probation
 12 33 revocation hearing, or any of them, may, at the discretion of
 12 34 the administrative parole and probation judge, be merged into
 12 35 a single hearing when it appears that the alleged violator
 13  1 will not be prejudiced by the merger.
 13  2    6.  If the violation is established, the court or the
 13  3 administrative parole and probation judge may continue the
 13  4 probation with or without an alteration of the conditions of
 13  5 probation.  If the defendant is an adult the court may hold
 13  6 the defendant in contempt of court and sentence the defendant
 13  7 to a jail term while continuing the probation, order the
 13  8 defendant to be placed in a violator facility established
 13  9 pursuant to section 904.207 while continuing the probation, or
 13 10 revoke the probation and require the defendant to serve the
 13 11 sentence imposed or any lesser sentence, and, if imposition of
 13 12 sentence was deferred, may impose any sentence which might
 13 13 originally have been imposed.  The administrative parole and
 13 14 probation judge may revoke the probation and require the
 13 15 defendant to serve the sentence which was originally imposed.
 13 16 The administrative parole and probation judge may grant credit
 13 17 against the sentence, for any time served while the defendant
 13 18 was on probation.  The continuation or revocation of probation
 13 19 by an administrative parole and probation judge is not a
 13 20 contested case as defined in section 17A.2.
 13 21    Sec. 20.  Sections 906.16, 908.4, 908.5, 908.6, 908.7,
 13 22 908.10, and 908.10A, Code 1997, are amended by striking from
 13 23 the sections the words "administrative parole judge" and
 13 24 inserting in lieu thereof the words "administrative parole and
 13 25 probation judge".
 13 26    Sec. 21.  EFFECTIVE DATE.  Sections 2 and 7 through 11 of
 13 27 this Act, being deemed of immediate importance, take effect
 13 28 upon enactment.  
 13 29                           EXPLANATION
 13 30    This bill makes a variety of changes relating to criminal
 13 31 justice.  A new section 124.401C is created to provide for an
 13 32 additional penalty of five years of confinement for persons
 13 33 who manufacture methamphetamine, its salts, isomers, or salts
 13 34 of isomers, in the presence of a minor, in the residence of a
 13 35 minor, in a residence where minors can reasonably be expected
 14  1 to be present, or in a room offered to the public for
 14  2 overnight accommodation.
 14  3    Code section 657.2, which lists several items deemed to be
 14  4 nuisances, is amended to include violations of prohibitions
 14  5 against the rental or sale of hard-core pornography and
 14  6 prohibitions against public indecent exposure in certain
 14  7 establishments and the knowing dissemination or exhibition of
 14  8 obscene material to a minor from a place of business.
 14  9    Code section 724.8 is amended to prohibit persons who are
 14 10 subjects of a restraining order or protective order from being
 14 11 eligible for professional or nonprofessional permits to carry
 14 12 weapons.  Code section 724.13 is amended to require revocation
 14 13 of any permits if any of the conditions required for issuance
 14 14 of the permit have ceased to exist.  Currently, revocation is
 14 15 discretionary on the part of the issuing officer.  Code
 14 16 section 724.15 is amended to prohibit persons who are subjects
 14 17 of a restraining order or protective order from being eligible
 14 18 for an annual permit to own a pistol or revolver and to
 14 19 provide procedures for issuing officers to follow in
 14 20 invalidating permits.
 14 21    The obscenity chapter, Code chapter 728, is amended to
 14 22 prohibit the exhibition or dissemination of hard-core
 14 23 pornography, in addition to the existing prohibition against
 14 24 the rental or sale of such pornography, and to prohibit any
 14 25 place of business which is required to obtain a sales tax
 14 26 permit to allow or permit, within the establishment, the
 14 27 actual or simulated public performance of any sex act; the
 14 28 exposure of genitals, buttocks, or female breasts of any
 14 29 waiter or waitress; the exposure of genitals or female breast
 14 30 nipples of any entertainer; persons who expose their genitals,
 14 31 pubic hair, or anus to remain within the establishment; or a
 14 32 minor to engage or perform in a live act in a manner intended
 14 33 to arouse or satisfy the sexual desires or prurient interests
 14 34 of patrons, to engage in simulated or actual performance of
 14 35 sex acts, or to expose their genitals, buttocks, female
 15  1 breasts, pubic hair, or anus.  The advertisement that any
 15  2 prohibited activity is permitted within the place of business
 15  3 is also prohibited.  Holders of liquor licenses or beer
 15  4 permits or the owners, managers, or persons exercising direct
 15  5 control over licensed premises are also prohibited from
 15  6 allowing or permitting the display of moving pictures, films,
 15  7 or pictures depicting any sex act or displaying pubic hair,
 15  8 anus, or genitals upon or in the licensed premises.
 15  9 Violations of the new requirements for businesses required to
 15 10 obtain sales tax permits will result in six-month suspensions
 15 11 of all permits and licenses issued as a prerequisite to doing
 15 12 business.  The bill creates new Code section 728.16, which
 15 13 provides that persons who operate places of business in
 15 14 violation of the new requirements or who knowingly disseminate
 15 15 or exhibit obscene material to a minor are deemed to be
 15 16 operating a public nuisance under chapter 657.  All of the new
 15 17 obscenity and public nuisance changes are effective upon
 15 18 enactment of this bill.
 15 19    The bill creates new Code section 903B.1, which provides
 15 20 that persons who are convicted of certain enumerated "serious
 15 21 sex offenses" may, on a first conviction, and shall, on a
 15 22 second or subsequent conviction, be required to undergo
 15 23 hormonal intervention therapy by the court or board of parole.
 15 24 If the person has been confined, the treatment is to commence
 15 25 before the person is released.  If the person was not confined
 15 26 at the time of sentencing, a plan for commencement of
 15 27 treatment is to be developed and included in the presentence
 15 28 investigation report.  "Serious sex offenses" include sexual
 15 29 abuse in the first, second, or third degree, lascivious acts
 15 30 with a child, assault with intent to commit sexual abuse,
 15 31 sexual exploitation by a counselor, and sexual exploitation of
 15 32 a minor.
 15 33    The bill authorizes probation supervision and revocation
 15 34 functions to be performed in the sixth judicial district by
 15 35 administrative parole and probation judges for persons for
 16  1 whom the court has suspended sentence.  Under the provisions,
 16  2 the jurisdiction of the court over adults, and juveniles
 16  3 sentenced as adults, who have been granted probation,
 16  4 terminates once the conditions of probation are approved.  All
 16  5 subsequent hearings regarding the probation are to be
 16  6 conducted by an administrative parole and probation judge who
 16  7 is to be appointed by the board of parole.  If probation is
 16  8 transferred, jurisdiction over the person is also transferred
 16  9 to the sixth judicial district.  For persons who received
 16 10 deferred judgments or sentences, jurisdiction remains with the
 16 11 court until a sentence is imposed or probation discharged.  
 16 12 LSB 1514XL 77
 16 13 lh/jw/5.1
     

Text: SSB00193                          Text: SSB00195
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