Text: S05401 Text: S05403 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5384, to the House 1 2 amendment, S-5383, to Senate File 2298, as amended, 1 3 passed, and reprinted by the Senate, as follows: 1 4 #1. Page 77, by inserting after line 4 the 1 5 following: 1 6 "DIVISION ___ 1 7 SEX OFFENDER REGISTRY 1 8 Sec. . Section 22.7, Code Supplement 2003, is 1 9 amended by adding the following new subsection: 1 10 NEW SUBSECTION. 48. Sex offender registry records 1 11 under chapter 692A, except as provided in section 1 12 692A.13. 1 13 Sec. . Section 229A.8A, subsection 4, Code 1 14 Supplement 2003, is amended to read as follows: 1 15 4.For purposes of registering as a sex offender1 16under chapter 692A, a person placed in the1 17transitional release program shall be classified a1 18"high-risk" sex offender and public notification shall1 19be as provided in section 692A.13A, subsection 2.A 1 20 committed person who refuses to register as a sex 1 21 offender is not eligible for placement in a 1 22 transitional release program. 1 23 Sec. . Section 692A.13, Code Supplement 2003, 1 24 is amended by striking the section and inserting in 1 25 lieu thereof the following: 1 26 692A.13 AVAILABILITY OF RECORDS. 1 27 1. The department may provide relevant information 1 28 from the sex offender registry to the following: 1 29 a. A criminal or juvenile justice agency, an 1 30 agency of the state, any sex offender registry of 1 31 another state, or the federal government. 1 32 b. The general public through the sex offender 1 33 registry's web page, except that relevant information 1 34 about an offender who was under twenty years of age at 1 35 the time the offender committed a violation of section 1 36 709.4, subsection 2, paragraph "c", subparagraph (4), 1 37 shall not be disclosed on the web page. 1 38 c. The single contact repository established 1 39 pursuant to section 135C.33, in accordance with the 1 40 rules adopted by the department. 1 41 2. A criminal or juvenile justice agency may 1 42 provide relevant information from the sex offender 1 43 registry to the following: 1 44 a. A criminal or juvenile justice agency, an 1 45 agency of the state, or any sex offender registry of 1 46 another state, or the federal government. 1 47 b. The general public, including public and 1 48 private agencies, organizations, public places, public 1 49 and private schools, child care facilities, religious 1 50 and youth organizations, neighbors, neighborhood 2 1 associations, community meetings, and employers. 2 2 Registry information may be distributed to the public 2 3 through printed materials, visual or audio press 2 4 releases, or through a criminal or juvenile justice 2 5 agency's web page. 2 6 3. Any member of the public may contact a county 2 7 sheriff's office or police department to request 2 8 relevant information from the registry regarding a 2 9 specific person required to register under this 2 10 chapter. The request for information shall be in 2 11 writing, and shall include the name of the person and 2 12 at least one of the following identifiers pertaining 2 13 to 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 2 18 person upon request access to a list of all 2 19 registrants in that county. However, records of a 2 20 person protected under 18 U.S.C. } 3521 shall not be 2 21 disclosed. 2 22 5. Relevant information provided to the general 2 23 public may include the offender's name, address, a 2 24 photograph, locations frequented by the offender, 2 25 relevant criminal history information from the 2 26 registry, and any other relevant information. 2 27 Relevant information provided to the public shall not 2 28 include the identity of any victim. 2 29 6. Notwithstanding sections 232.147 through 2 30 232.151, records concerning convictions which are 2 31 committed by a minor may be released in the same 2 32 manner as records of convictions of adults. 2 33 7. Sex offender registry records are confidential 2 34 records pursuant to section 22.7 and shall only be 2 35 released as provided in this section. 2 36 Sec. . Section 901.4, Code Supplement 2003, is 2 37 amended to read as follows: 2 38 901.4 PRESENTENCE INVESTIGATION REPORT 2 39 CONFIDENTIAL – DISTRIBUTION. 2 40 The presentence investigation report is 2 41 confidential and the court shall provide safeguards to 2 42 ensure its confidentiality, including but not limited 2 43 to sealing the report, which may be opened only by 2 44 further court order. At least three days prior to the 2 45 date set for sentencing, the court shall serve all of 2 46 the presentence investigation report upon the 2 47 defendant's attorney and the attorney for the state, 2 48 and the report shall remain confidential except upon 2 49 court order. However, the court may conceal the 2 50 identity of the person who provided confidential 3 1 information. The report of a medical examination or 3 2 psychological or psychiatric evaluation shall be made 3 3 available to the attorney for the state and to the 3 4 defendant upon request. The reports are part of the 3 5 record but shall be sealed and opened only on order of 3 6 the court. If the defendant is committed to the 3 7 custody of the Iowa department of corrections and is 3 8 not a class "A" felon, a copy of the presentence 3 9 investigation report shall be forwarded to the 3 10 director with the order of commitment by the clerk of 3 11 the district court and to the board of parole at the 3 12 time of commitment. Pursuant to section 904.602, the 3 13 presentence investigation report may also be released 3 14 by the department of corrections or a judicial 3 15 district department of correctional services to 3 16 another jurisdiction for the purpose of providing 3 17 interstate probation and parole compact services or 3 18 evaluations, or to a substance abuse or mental health 3 19 services provider when referring a defendant for 3 20 services. The defendant or the defendant's attorney 3 21 may file with the presentence investigation report, a 3 22 denial or refutation of the allegations, or both, 3 23 contained in the report. The denial or refutation 3 24 shall be included in the report. If the person is 3 25 sentenced for an offense which requires registration 3 26 under chapter 692A, the court shall release the report 3 27 to the departmentwhich is responsible under section3 28692A.13A for performing the assessment of risk. 3 29 Sec. . Section 692A.13A, Code 2003, is 3 30 repealed. 3 31 Sec. . APPLICABILITY OF AVAILABLE RECORDS IN 3 32 THE SEX OFFENDER REGISTRY. Section 692A.13, as 3 33 amended by this division of this Act, shall apply 3 34 retroactively to all offenders on the registry. 3 35 Sec. . EFFECTIVE DATE. This division of this 3 36 Act, being deemed of immediate importance, takes 3 37 effect upon enactment."" 3 38 #2. By renumbering as necessary. 3 39 3 40 3 41 3 42 DONALD B. REDFERN 3 43 SF 2298.587 80 3 44 jp/pj
Text: S05401 Text: S05403 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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