Text: HSB00508 Text: HSB00510 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code Supplement 2003, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 48. Sex offender registry records under 1 4 chapter 692A, except as provided in section 692A.13. 1 5 Sec. 2. Section 229A.8A, subsection 4, Code Supplement 1 6 2003, is amended to read as follows: 1 7 4.For purposes of registering as a sex offender under1 8chapter 692A, a person placed in the transitional release1 9program shall be classified a "high-risk" sex offender and1 10public notification shall be as provided in section 692A.13A,1 11subsection 2.A committed person who refuses to register as a 1 12 sex offender is not eligible for placement in a transitional 1 13 release program. 1 14 Sec. 3. Section 692A.13, Code Supplement 2003, is amended 1 15 by striking the section and inserting in lieu thereof the 1 16 following: 1 17 692A.13 AVAILABILITY OF RECORDS. 1 18 1. The department may provide relevant information from 1 19 the sex offender registry to the following: 1 20 a. A criminal or juvenile justice agency, an agency of the 1 21 state, any sex offender registry of another state, or the 1 22 federal government. 1 23 b. The general public through the sex offender registry's 1 24 web page. 1 25 c. The single contact repository established pursuant to 1 26 section 135C.33, in accordance with the rules adopted by the 1 27 department. 1 28 2. A criminal or juvenile justice agency may provide 1 29 relevant information from the sex offender registry to the 1 30 following: 1 31 a. A criminal or juvenile justice agency, an agency of the 1 32 state, or any sex offender registry of another state, or the 1 33 federal government. 1 34 b. The general public, including public and private 1 35 agencies, organizations, public places, public and private 2 1 schools, child care facilities, religious and youth 2 2 organizations, neighbors, neighborhood associations, community 2 3 meetings, and employers. Registry information may be 2 4 distributed to the public through printed materials, visual or 2 5 audio press releases, or through a criminal or juvenile 2 6 justice agency's web page. 2 7 3. Any member of the public may contact a county sheriff's 2 8 office or police department to request relevant information 2 9 from the registry regarding a specific person required to 2 10 register under this chapter. The request for information 2 11 shall be in writing, and shall include the name of the person 2 12 and at least one of the following identifiers pertaining to 2 13 the person about whom the information is sought: 2 14 a. The date of birth of the person. 2 15 b. The social security number of the person. 2 16 c. The address of the person. 2 17 4. A county sheriff shall also provide to any person upon 2 18 request access to a list of all registrants in that county. 2 19 However, records of a person protected under 18 U.S.C. } 3521 2 20 shall not be disclosed. 2 21 5. Relevant information provided to the general public may 2 22 include the offender's name, address, a photograph, locations 2 23 frequented by the offender, relevant criminal history 2 24 information from the registry, and any other relevant 2 25 information. Relevant information provided to the public 2 26 shall not include the identity of any victim. 2 27 6. Notwithstanding sections 232.147 through 232.151, 2 28 records concerning convictions which are committed by a minor 2 29 may be released in the same manner as records of convictions 2 30 of adults. 2 31 7. Sex offender registry records are confidential records 2 32 pursuant to section 22.7 and shall only be released as 2 33 provided in this section. 2 34 Sec. 4. Section 901.4, Code Supplement 2003, is amended to 2 35 read as follows: 3 1 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 3 2 DISTRIBUTION. 3 3 The presentence investigation report is confidential and 3 4 the court shall provide safeguards to ensure its 3 5 confidentiality, including but not limited to sealing the 3 6 report, which may be opened only by further court order. At 3 7 least three days prior to the date set for sentencing, the 3 8 court shall serve all of the presentence investigation report 3 9 upon the defendant's attorney and the attorney for the state, 3 10 and the report shall remain confidential except upon court 3 11 order. However, the court may conceal the identity of the 3 12 person who provided confidential information. The report of a 3 13 medical examination or psychological or psychiatric evaluation 3 14 shall be made available to the attorney for the state and to 3 15 the defendant upon request. The reports are part of the 3 16 record but shall be sealed and opened only on order of the 3 17 court. If the defendant is committed to the custody of the 3 18 Iowa department of corrections and is not a class "A" felon, a 3 19 copy of the presentence investigation report shall be 3 20 forwarded to the director with the order of commitment by the 3 21 clerk of the district court and to the board of parole at the 3 22 time of commitment. Pursuant to section 904.602, the 3 23 presentence investigation report may also be released by the 3 24 department of corrections or a judicial district department of 3 25 correctional services to another jurisdiction for the purpose 3 26 of providing interstate probation and parole compact services 3 27 or evaluations, or to a substance abuse or mental health 3 28 services provider when referring a defendant for services. 3 29 The defendant or the defendant's attorney may file with the 3 30 presentence investigation report, a denial or refutation of 3 31 the allegations, or both, contained in the report. The denial 3 32 or refutation shall be included in the report. If the person 3 33 is sentenced for an offense which requires registration under 3 34 chapter 692A, the court shall release the report to the 3 35 departmentwhich is responsible under section 692A.13A for4 1performing the assessment of risk. 4 2 Sec. 5. Section 692A.13A, Code 2003, is repealed. 4 3 Sec. 6. APPLICABILITY OF AVAILABLE RECORDS IN THE SEX 4 4 OFFENDER REGISTRY. Section 692A.13, as amended by this Act, 4 5 shall apply retroactively to all offenders on the registry. 4 6 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 4 7 immediate importance, takes effect upon enactment. 4 8 EXPLANATION 4 9 This bill relates to the release of sex offender registry 4 10 records. 4 11 The bill repeals a provision requiring the department of 4 12 corrections, the department of human services, the department 4 13 of public safety, and juvenile court officers to perform a 4 14 risk assessment for persons under the jurisdiction of the 4 15 department or juvenile court for purposes of disseminating 4 16 information on the sex offender registry. The bill makes 4 17 corresponding amendments to provisions referencing the 4 18 repealed provision. The bill provides that sex offender 4 19 registry information shall be disseminated in the same manner 4 20 for each offender. Current law provides that sex offender 4 21 information be released in differing ways based upon the risk 4 22 assessment score of the sex offender. 4 23 The bill provides that the department of public safety may 4 24 provide relevant sex offender information to a law enforcement 4 25 agency, another state agency, the federal government, the 4 26 general public via the department's web page, and a single 4 27 contact repository under Code section 135C.33. The bill 4 28 further provides that a law enforcement agency may release sex 4 29 offender information to another law enforcement agency, an 4 30 agency of the state, another state's sex offender registry, 4 31 the federal government, or the general public including public 4 32 and private agencies and neighborhood associations. The bill 4 33 also provides that any member of the general public may 4 34 request, in writing, sex offender registry information from a 4 35 local law enforcement agency. The county sheriff must provide 5 1 a complete list of registered sex offenders in the county if 5 2 requested by any person. 5 3 The bill provides that sex offender information which may 5 4 be provided to the public includes the name, address, 5 5 photograph, locations frequented by the sex offender, and the 5 6 relevant criminal history of the offender. Information 5 7 provided to the public does not include the identity of any 5 8 victim. 5 9 The bill makes sex offender registry records a confidential 5 10 record under Code chapter 22. The release of sex offender 5 11 registry records are governed by this bill. 5 12 The bill applies retroactively to all sex offenders. 5 13 LSB 5038HC 80 5 14 jm/gg/14
Text: HSB00508 Text: HSB00510 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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