Text: HSB00103                          Text: HSB00105
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 104

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  229A.5B  ESCAPE FROM CUSTODY.
  1  2    1.  A respondent who is in custody under this chapter shall
  1  3 remain in custody unless released by court order, or
  1  4 discharged under section 229A.10.  A respondent in custody
  1  5 under this chapter shall not do any of the following:
  1  6    a.  Leave or attempt to leave a facility without the
  1  7 accompaniment of authorized personnel.
  1  8    b.  Knowingly and voluntarily be absent from a place where
  1  9 the respondent is required to be present.
  1 10    c.  Leave or attempt to leave the custody of personnel
  1 11 transporting or guarding the respondent while the respondent
  1 12 is away from a facility.
  1 13    2.  A respondent who violates subsection 1 commits a simple
  1 14 misdemeanor or may be subject to punishment for contempt.  If
  1 15 the respondent pleads guilty to, or is convicted of, an
  1 16 offense under this section, or is found in contempt, or both,
  1 17 and is sentenced to a term of confinement, the civil
  1 18 commitment proceedings or treatment process may be stayed by
  1 19 court order until the term of confinement is served by the
  1 20 respondent.
  1 21    3.  If a respondent commits a violation of subsection 1 and
  1 22 remains unconfined, the attorney general or the chief law
  1 23 enforcement officer of the political subdivision where the
  1 24 violation occurs may make a public announcement that the
  1 25 respondent is unconfined and may provide relevant information
  1 26 about the respondent to the community.  The attorney general
  1 27 may also notify a victim or the family of a victim of the
  1 28 respondent that the respondent is unconfined.
  1 29    4.  This section shall not be construed to prohibit the use
  1 30 of the interstate compact on mental health as provided in
  1 31 chapter 221.  
  1 32                           EXPLANATION 
  1 33    This bill creates a new criminal offense of escape from
  1 34 custody by a sexually violent predator civilly committed under
  1 35 Code chapter 229A and provides a penalty.
  2  1    The bill prohibits a person who has been placed in or
  2  2 committed to a facility from leaving or attempting to leave
  2  3 such a facility without being accompanied by authorized
  2  4 personnel unless the person has been released or discharged.
  2  5 The bill also prohibits a person from knowingly and
  2  6 voluntarily being absent from a place where the person should
  2  7 be present or leaving or attempting to leave the custody of
  2  8 personnel transporting or guarding the person while away from
  2  9 a facility.
  2 10    The bill provides that the attorney general or the chief
  2 11 law enforcement officer of the jurisdiction where a violation
  2 12 occurs may notify the public if the person is unconfined and
  2 13 is at large.  The attorney general may also notify the victim
  2 14 or the family of the victim.
  2 15    In addition, the bill does not prevent the state from
  2 16 transferring a person to another state under the interstate
  2 17 compact on mental health under Code chapter 221.
  2 18    A person who commits a violation of the bill commits a
  2 19 simple misdemeanor or may be subject to contempt.  A simple
  2 20 misdemeanor is punishable by confinement for no more than 30
  2 21 days or a fine of at least $50 but not more than $500 or by
  2 22 both.  Contempt before a district judge or district associate
  2 23 judge is punishable by a fine not to exceed $500 or
  2 24 confinement not to exceed six months or both.  Contempt before
  2 25 a judicial magistrate is punishable by a fine not to exceed
  2 26 $100 or confinement not to exceed 30 days.  Any civil
  2 27 commitment proceeding or treatment process may be stayed by
  2 28 court order until a term of confinement is served for
  2 29 committing a violation of the bill.  
  2 30 LSB 1121DP 79
  2 31 jm/pj/5.1
     

Text: HSB00103                          Text: HSB00105
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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