Text: HSB00506                          Text: HSB00508
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 507

Bill Text

PAG LIN
  1  1    Section 1.  Section 901A.1, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  As used in this chapter, the term "prior conviction"
  1  4 includes a plea of guilty, deferred judgment, deferred or
  1  5 suspended sentence, or adjudication of delinquency, regardless
  1  6 of whether a prior conviction occurred before, on, or after
  1  7 the effective date of this Act.
  1  8    Sec. 2.  Section 901A.4, Code 1999, is amended to read as
  1  9 follows:
  1 10    901A.4  SEXUALLY PREDATORY OFFENSES – FINDING OF FACT –
  1 11 NOTICE.
  1 12    1.  Prior to pronouncing judgment and sentence, the finder
  1 13 of fact shall, if the offense is murder, kidnapping, burglary,
  1 14 or child endangerment in violation of section 726.6,
  1 15 subsection 1, paragraph "e", make a factual determination
  1 16 whether the offense constitutes a sexually predatory offense
  1 17 as defined in section 901A.1 for the purpose of enhancement of
  1 18 future offenses, if there has not been a factual determination
  1 19 of whether the prior offense constitutes a sexually predatory
  1 20 offense.
  1 21    2.  Upon conviction for a sexually predatory offense as
  1 22 defined in section 901A.1, the court shall provide written
  1 23 notice to the person that the conviction meets the definition
  1 24 of a sexually predatory offense for the purpose of enhancing
  1 25 future punishment for similar offenses.
  1 26    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  1 27 immediate importance, takes effect upon enactment.  
  1 28                           EXPLANATION
  1 29    This bill makes changes to the sexually predatory offenses
  1 30 law, which became effective on July 1, 1996.
  1 31    The bill provides that a prior conviction for a sexually
  1 32 predatory offense occurring prior to the effective date of
  1 33 this bill may be used to enhance the penalty for any future
  1 34 conviction of a sexually predatory offense.
  1 35    Under existing law and judicial interpretation, only a
  2  1 conviction for a sexually predatory offense occurring on or
  2  2 after the effective date of the 1996 legislation can be used
  2  3 to enhance a future conviction for a sexually predatory
  2  4 offense.
  2  5    The amendments to Code section 901A.4 require the court to
  2  6 make a factual determination as to whether any prior offense
  2  7 is a sexually predatory offense for purposes of enhancing a
  2  8 new sexually predatory offense.  The bill also eliminates the
  2  9 requirement that the court provide written notice to a person
  2 10 that a conviction of a sexually predatory offense will enhance
  2 11 the future punishment for a similar offense.
  2 12    A sexually predatory act generally is defined to mean any
  2 13 misdemeanor or felony that involves an element of sexual
  2 14 abuse, sexual exploitation of a minor, pandering involving a
  2 15 minor, or any offense defined under Code chapter 709.
  2 16    The bill takes effect upon enactment.  
  2 17 LSB 5099YC 78
  2 18 jm/cf/24
     

Text: HSB00506                          Text: HSB00508
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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