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House File 2338

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2338
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO A PERSON REGISTERING AS A SEX OFFENDER IN A
  1  5    COUNTY WHERE AN INSTITUTION OF HIGHER EDUCATION IS LOCATED,
  1  6    AND PROVIDING PENALTIES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  NEW SECTION.  692A.3A  REGISTRATION IN A COUNTY
  1 11 WHERE AN INSTITUTION OF HIGHER EDUCATION IS LOCATED.
  1 12    1.  REGISTRATION IN COUNTY OTHER THAN COUNTY OF RESIDENCE.
  1 13 In addition to the registration requirements in section
  1 14 692A.3, a person required to register under this chapter, who
  1 15 is a full-time or part-time student or is employed or engaged
  1 16 in a vocation on a full-time or part-time basis at an
  1 17 institution of higher education in a county other than the
  1 18 county of residence, shall register with the sheriff of the
  1 19 county in which the institution is located, and provide the
  1 20 sheriff with the name of the institution.  The person must
  1 21 register within five days of becoming a student, being
  1 22 employed, or engaging in a vocation at the institution.
  1 23    2.  REGISTRATION IN A COUNTY OF RESIDENCE.  In addition to
  1 24 the registration requirements in section 692A.3, a person
  1 25 required to register under this chapter, who is a full-time or
  1 26 part-time student or is employed or engaged in a vocation on a
  1 27 full-time or part-time basis at an institution of higher
  1 28 education in the county of residence, shall notify the sheriff
  1 29 of the name of the institution.  The person must notify the
  1 30 sheriff within five days of becoming a student, being
  1 31 employed, or engaging in a vocation at the institution.
  1 32    3.  CHANGE IN STATUS.  A person required to register under
  1 33 this chapter, within five days of the person's change in
  1 34 status as a student, or in employment or vocation, shall
  1 35 notify the sheriff of the county in which the information was
  2  1 provided of the changes.  The sheriff shall send a copy of the
  2  2 information regarding the change to the department within
  2  3 three working days of receipt of the notice of the change.
  2  4    Sec. 2.  Section 692A.5, subsection 1, Code 2001, is
  2  5 amended by adding the following new paragraph:
  2  6    NEW PARAGRAPH.  g.  Inform the person that if the person is
  2  7 a resident or a nonresident of a county where the person is a
  2  8 full-time or part-time student, or employed or engaged in a
  2  9 vocation on a full-time or part-time basis at an institution
  2 10 of higher education, the person must register in the county
  2 11 where the institution is located and notify the sheriff of the
  2 12 name of the institution, within five days of becoming a
  2 13 student, being employed, or engaging in a vocation at the
  2 14 institution.  Inform the person that if the person changes
  2 15 status as a student, or in employment or vocation, the person
  2 16 shall notify the sheriff of the county in which the
  2 17 information was provided of the change within five days of the
  2 18 change.
  2 19    Sec. 3.  Section 692A.7, subsection 1, Code 2001, is
  2 20 amended to read as follows:
  2 21    1.  A person required to register under this chapter who
  2 22 knowingly violates any requirements specified under sections
  2 23 692A.2 through, 692A.3, and 692A.4 commits an aggravated
  2 24 misdemeanor for a first offense and a class "D" felony for a
  2 25 second or subsequent offense.  A person required to register
  2 26 under this chapter who violates any requirements specified
  2 27 under section 692A.3A commits a serious misdemeanor for a
  2 28 first offense and a class "D" felony for a second or
  2 29 subsequent offense.  However, a person required to register
  2 30 under this chapter who knowingly violates any of the
  2 31 requirements specified under sections section 692A.2 through,
  2 32 692A.3, 692A.3A, or 692A.4 and who commits a criminal offense
  2 33 against a minor, sexual exploitation, an other relevant
  2 34 offense, or a sexually violent offense is guilty of a class
  2 35 "C" felony.  Any fine imposed for a second or subsequent
  3  1 violation shall not be suspended.  The court shall not defer
  3  2 judgment or sentence for any violation of any requirements
  3  3 specified under sections section 692A.2 through, 692A.3,
  3  4 692A.3A, or 692A.4.  A knowing violation of a person who is on
  3  5 probation, parole, work release, or any other form of release
  3  6 to comply with any requirements specified under sections
  3  7 section 692A.2 through, 692A.3, 692A.3A, or 692A.4 shall
  3  8 result in the automatic revocation of the person's probation,
  3  9 parole, or work release.  For purposes of this subsection, a
  3 10 violation occurs when a person knows or reasonably should know
  3 11 of the duty to fulfill a requirement specified in the offense
  3 12 charged.  
  3 13 
  3 14 
  3 15                                                             
  3 16                               BRENT SIEGRIST
  3 17                               Speaker of the House
  3 18 
  3 19 
  3 20                                                             
  3 21                               MARY E. KRAMER
  3 22                               President of the Senate
  3 23 
  3 24    I hereby certify that this bill originated in the House and
  3 25 is known as House File 2338, Seventy-ninth General Assembly.
  3 26 
  3 27 
  3 28                                                             
  3 29                               MARGARET THOMSON
  3 30                               Chief Clerk of the House
  3 31 Approved                , 2002
  3 32 
  3 33 
  3 34                            
  3 35 THOMAS J. VILSACK
  4  1 Governor
     

Text: HF02337                           Text: HF02339
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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