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House Journal: Page 1573: Tuesday, April 14, 1998

14   offense involves sexual abuse, attempted sexual abuse,
15   or intent to commit sexual abuse:
16     (1)  Murder as defined in section 707.1.
17     (2)  Kidnapping as defined in section 710.1.
18     (3)  Burglary as defined in section 713.1.
19     (4)  Child endangerment under section 726.6,
20   subsection 1, paragraph "e".
21     c.  Sexual exploitation of a minor in violation of
22   section 728.12, subsection 1.
23     d.  Pandering involving a minor in violation of
24   section 725.3, subsection 2.
25     e.  An offense involving an attempt or conspiracy
26   to commit any offense referred to in this subsection.
27     f.  An offense under prior law of this state or an
28   offense committed in another jurisdiction which would
29   constitute an equivalent offense under paragraphs "a"
30   through "e".
31     g.  Any act which, either at the time of sentencing
32   for the offense or subsequently during civil
33   commitment proceedings pursuant to this chapter, has
34   been determined beyond a reasonable doubt to have been
35   sexually motivated.
36     6.  "Sexually violent predator" means a person who
37   has been convicted of or charged with a sexually
38   violent offense and who suffers from a mental
39   abnormality which makes the person likely to engage in
40   predatory acts constituting sexually violent offenses,
41   if not confined in a secure facility.
42     Sec. ___.  NEW SECTION.  229A.3  NOTICE OF
43   DISCHARGE OF SEXUALLY VIOLENT PREDATOR - IMMUNITY
44   FROM LIABILITY - MULTIDISCIPLINARY TEAM -
45   PROSECUTOR'S REVIEW COMMITTEE - ASSESSMENT OF PERSON.
46     1.  When it appears that a person may meet the
47   definition of a sexually violent predator, the agency
48   with jurisdiction shall give written notice to the
49   attorney general and the multidisciplinary team
50   established in subsection 4, no later than ninety days

Page 3

 1   prior to any of the following events:
 2     a.  The anticipated discharge of a person who has
 3   been convicted of a sexually violent offense from
 4   total confinement, except that in the case of a person
 5   who is returned to prison for no more than ninety days
 6   as a result of revocation of parole, written notice
 7   shall be given as soon as practicable following the
 8   person's readmission to prison.
 9     b.  The discharge of a person who has been charged
10   with a sexually violent offense and who has been
11   determined to be incompetent to stand trial pursuant
12   to chapter 812.
13     c.  The discharge of a person who has been found

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URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01573.html
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