Text: HF02422 Text: HF02424 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692A.2, Code 2001, is amended to read 1 2 as follows: 1 3 692A.2 PERSONS REQUIRED TO REGISTER. 1 4 1. A person who has been convicted of a criminal offense 1 5 against a minor, an aggravated offense, sexual exploitation, 1 6 an other relevant offense, or a sexually violent offense in 1 7 this state or in another state, or in a federal, military, 1 8 tribal, or foreign court, or a person required to register in 1 9 another state under the state's sex offender registry, shall 1 10 register for the rest of the person's life as provided in this 1 11 chapter. A person required to register under this chapter 1 12 shall, upon afirstconviction, registerfor a period of ten1 13yearscommencing as follows: 1 14 a. From the date of placement on probation. 1 15 b. From the date of release on parole or work release. 1 16 c. From the date of release as a juvenile from foster care 1 17 or residential treatment. 1 18 d. From the date of any other release from custody. 1 192. If a person is placed on probation, parole, or work1 20release and the probation, parole, or work release is revoked,1 21the ten years shall commence anew upon release from custody.1 22If the person who is required to register under this chapter1 23is incarcerated for a crime which does not require1 24registration under this chapter, the period of registration is1 25tolled until the person is released from incarceration for1 26that crime.1 273. A person who is required to register under this chapter1 28shall, upon a second or subsequent conviction that requires a1 29second registration, or upon conviction of an aggravated1 30offense, or who has previously been convicted of one or more1 31offenses that would have required registration under this1 32chapter, register for the rest of the person's life.1 334.2. A person is not required to register while 1 34 incarcerated, in foster care, or in a residential treatment 1 35 program. A person who is convicted, as defined in section 2 1 692A.1, of a criminal offense against a minor, sexual 2 2 exploitation, a sexually violent offense, or an other relevant 2 3 offense as a result of adjudication of delinquency in juvenile 2 4 court shall be required to register as required in this 2 5 chapter unless the juvenile court finds that the person should 2 6 not be required to register under this chapter. If a juvenile 2 7 is required to register and the court later modifies the order 2 8 regarding the requirement to register, the court shall 2 9 immediately notify the department.Convictions of more than2 10one offense which require registration under this chapter but2 11which are prosecuted within a single indictment shall be2 12considered as a single offense for purposes of registration.2 135. A person who has been convicted of an offense under the2 14laws of this state or of another state which would qualify the2 15person as a sexually violent predator shall register as2 16provided in this chapter for life.2 17 Sec. 2. Section 692A.7, subsection 2, Code 2001, is 2 18 amended to read as follows: 2 19 2.In determining if a violation is a second or subsequent2 20offense, a conviction for a violation of this section which2 21occurred more than ten years prior to the date of the2 22violation charged shall not be considered in determining that2 23the violation charged is a second, third, or subsequent2 24offense.Violations in any other states under sex offender 2 25 registry provisions that are substantially similar to those 2 26 contained in this section shall be counted as previous 2 27 offenses. The court shall judicially notice the statutes of 2 28 other states which are substantially equivalent to this 2 29 section. 2 30 Sec. 3. Section 692A.8, subsection 1, Code 2001, is 2 31 amended to read as follows: 2 32 1. A person who is registered under this chapter may 2 33 request that the department determine whether the offense for 2 34 which the person has been convicted requires the person to 2 35 register under this chapteror whether the period of time3 1during which the person is obligated to register under this3 2chapter has expired. 3 3 Sec. 4. Section 692A.16, subsection 2, Code 2001, is 3 4 amended to read as follows: 3 5 2. Persons required to register under subsection 1 shall 3 6 registerfor a period of ten yearscommencing with the later 3 7 of either July 1, 1995, or the date of the person's release 3 8 from confinement, release on work release or institutional 3 9 work release, or release on parole or probation. For persons 3 10 released from confinement, registration shall be initiated by 3 11 the warden, sheriff, or superintendent in charge of the place 3 12 of confinement in the same manner as provided in section 3 13 692A.5. For persons who are under parole or probation 3 14 supervision, the person's parole or probation officer shall 3 15 inform the person of the person's duty to register and shall 3 16 obtain the registration information from the person as 3 17 required under section 692A.5. 3 18 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 19 3, shall not apply to this Act. 3 20 EXPLANATION 3 21 This bill relates to registering as a sex offender and to a 3 22 second or subsequent violation for failing to properly 3 23 register as a sex offender. 3 24 The bill requires that all persons required to register as 3 25 a sex offender must register for the rest of the person's 3 26 life. 3 27 Current law generally provides that a person must register 3 28 for a period of 10 years. Also, under current law a sexually 3 29 violent predator or a second conviction for an offense that 3 30 requires registration only requires lifetime registration. 3 31 Current law provides that a person who fails to properly 3 32 register as a sex offender commits an aggravated misdemeanor 3 33 for a first offense, and a class "D" felony for a second or 3 34 subsequent offense. 3 35 The bill provides that for purposes of determining whether 4 1 a second or subsequent offense has occurred, any violation 4 2 which occurred more than 10 years prior to the current 4 3 violation may be used to charge the person with a second or 4 4 subsequent offense. Current law provides that a violation 4 5 which occurred more than 10 years prior to the current 4 6 violation cannot be used to charge a person with a second or 4 7 subsequent offense. 4 8 The bill may include a state mandate as defined in Code 4 9 section 25B.3. The bill makes inapplicable Code section 4 10 25B.2, subsection 3, which would relieve a political 4 11 subdivision from complying with a state mandate if funding for 4 12 the cost of the state mandate is not provided or specified. 4 13 Therefore, political subdivisions are required to comply with 4 14 any state mandate included in the bill. 4 15 LSB 6346YH 79 4 16 jm/cf/24.1
Text: HF02422 Text: HF02424 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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