Text: SF02184 Text: SF02186 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.756, subsection 83A, Code 1 2 Supplement 2003, is amended to read as follows: 1 3 83A. Carry out the duties imposed undersections 915.121 4andsection 915.13. 1 5 Sec. 2. Section 915.10, subsections 1 and 2, Code 2003, 1 6 are amended to read as follows: 1 7 1. "Notification" means mailing by regular mail or 1 8 providing for hand delivery of appropriate information or 1 9 papers. However, this notification procedure does not 1 10 prohibit an office, agency, or department from also providing 1 11 appropriate information to a registered victim by telephone, 1 12 electronic mail, or other means. 1 13 2. "Registered" means having provided thecountyattorney 1 14 general with the victim's written request for registration and 1 15 current mailing address and telephone number. 1 16 Sec. 3. NEW SECTION. 915.10A CRIME VICTIM AND WITNESS 1 17 NOTIFICATION SYSTEM. 1 18 1. There is established in the department of justice under 1 19 the direction of the attorney general a crime victim and 1 20 witness notification system to assist public officials in 1 21 informing crime victims and witnesses as provided in this 1 22 subchapter and where otherwise specifically provided. The 1 23 system shall receive necessary information from participating 1 24 officials and agencies and disseminate the information to 1 25 registered victims and witnesses through telephonic, 1 26 electronic, or other means of access established by the crime 1 27 victim and witness notification advisory council. The 1 28 attorney general may enter into necessary contracts and 1 29 arrangements to implement and operate the system. 1 30 2. The department of corrections, department of human 1 31 services, board of parole, clerks of the district court, 1 32 county attorneys, and local correctional facilities shall 1 33 assist the attorney general with the implementation of the 1 34 system and provide information as necessary for the effective 1 35 operation of the system. 2 1 3. An office, agency, or department may satisfy a 2 2 notification obligation to registered victims required by this 2 3 subchapter through participation in the system to the extent 2 4 information is available for dissemination through the system. 2 5 Nothing in this section shall relieve a notification 2 6 obligation under this subchapter due to the unavailability of 2 7 information for dissemination through the system. 2 8 4. The attorney general may provide necessary equipment, 2 9 software, or training necessary to implement the system to 2 10 those entities participating in the system. 2 11 5. The attorney general may adopt rules to provide for the 2 12 registration of certain witnesses of crime and any other rules 2 13 necessary to implement the crime victim and witness 2 14 notification system. 2 15 Sec. 4. NEW SECTION. 915.10B CRIME VICTIM AND WITNESS 2 16 NOTIFICATION ADVISORY COUNCIL. 2 17 1. A crime victim and witness notification advisory 2 18 council is established in the department of justice. The 2 19 council shall advise the attorney general on matters 2 20 pertaining to the implementation and operation of the crime 2 21 victim and witness notification system. 2 22 2. The council shall consist of seven voting members 2 23 appointed by the attorney general. The members shall be 2 24 persons representing victim advocates, juvenile officers, 2 25 sheriffs and local law enforcement, the department of 2 26 corrections, the board of parole, and any other interested 2 27 persons appointed by the attorney general. Each member shall 2 28 serve a two-year term or a length of time as adopted by rule 2 29 pursuant to this section. The attorney general shall serve as 2 30 an ex officio, nonvoting member. 2 31 3. The council, with the assistance of the attorney 2 32 general, may establish rules regarding terms of office, the 2 33 election of council officers, meeting dates and locations, and 2 34 any other procedural requirements necessary to maintain the 2 35 council. 3 1 Sec. 5. Section 915.11, Code 2003, is amended to read as 3 2 follows: 3 3 915.11 INITIAL NOTIFICATION BY LAW ENFORCEMENT. 3 4 A local police department or county sheriff's department 3 5 shall advise a victim of the right to register with thecounty3 6 attorney general, and shall provide a request-for-registration 3 7 form to each victim. 3 8 Sec. 6. Section 915.12, Code 2003, is amended to read as 3 9 follows: 3 10 915.12 REGISTRATION. 3 11 1. Thecountyattorney general shall be the sole registrar 3 12 of victims under this subchapter. 3 13 2. A victim may register by filing a written request-for- 3 14 registration form with thecountyattorney general or by any 3 15 other method approved by the attorney general.The county3 16attorney shall notify the victims in writing and advise them3 17of their registration and rights under this subchapter.3 18 3. Thecountyattorney general shall provide a registered 3 19 victim list to the offices, agencies, and departments required 3 20 to provide information under this subchapter for notification 3 21 purposes. 3 22 4. Notwithstanding chapter 22 or any other contrary 3 23 provision of law, a victim's registration shall be strictly 3 24 maintained in a separate confidential file or other medium, 3 25 and shall be available only to the offices, agencies, and 3 26 departments required to provide information under this 3 27 subchapter. 3 28 Sec. 7. Section 915.13, subsection 1, unnumbered paragraph 3 29 1, Code Supplement 2003, is amended to read as follows: 3 30 The county attorney shall notify a victim registered with 3 31 thecounty attorney'soffice of the attorney general of the 3 32 following: 3 33 Sec. 8. Section 915.18, subsection 2, Code 2003, is 3 34 amended to read as follows: 3 35 2. Offenders who are being considered for release on 4 1 parole may be informed of a victim's registration with the 4 2countyattorney general and the substance of any opinion 4 3 submitted by the victim regarding the release of the offender. 4 4 Sec. 9. Section 915.19, subsection 2, Code 2003, is 4 5 amended to read as follows: 4 6 2. The county attorney may notify an offender being 4 7 considered for a reprieve, pardon, or commutation of sentence 4 8 of a victim's registration with thecountyattorney general 4 9 and the substance of any opinion submitted by the victim 4 10 concerning the reprieve, pardon, or commutation of sentence. 4 11 Sec. 10. Section 915.29, Code 2003, is amended by adding 4 12 the following new unnumbered paragraph: 4 13 NEW UNNUMBERED PARAGRAPH. The notification required 4 14 pursuant to this section may occur through the crime victim 4 15 and witness notification system established in section 915.10A 4 16 to the extent such information is available for dissemination 4 17 through the system. 4 18 Sec. 11. Section 915.45, Code 2003, is amended by adding 4 19 the following new unnumbered paragraph: 4 20 NEW UNNUMBERED PARAGRAPH. The notification required 4 21 pursuant to this section may occur through the crime victim 4 22 and witness notification system established in section 915.10A 4 23 to the extent such information is available for dissemination 4 24 through the system. 4 25 Sec. 12. TRANSITIONAL PROVISION. The attorney general 4 26 shall establish a schedule by which each county attorney shall 4 27 transfer all registrations under section 915.12 existing prior 4 28 to the effective date of this Act to the attorney general. 4 29 Sec. 13. EFFECTIVE DATE. This Act takes effect July 1, 4 30 2005. 4 31 EXPLANATION 4 32 This bill establishes a crime victim and witness 4 33 notification system and advisory council in the department of 4 34 justice under the direction of the attorney general. The 4 35 purpose of the system is to assist public officials in 5 1 informing crime victims of information required to be provided 5 2 to the victim which may include a schedule of court 5 3 proceedings or parole hearings, and the release, escape, 5 4 transfer, or pardon of an offender. Notifications required to 5 5 victims of juvenile and sexual offenders are also permitted 5 6 through the system. The attorney general may permit certain 5 7 witnesses access to the system by rule and may enter into 5 8 necessary contracts to implement and operate the system. 5 9 A crime victim and witness notification advisory council is 5 10 established to advise the attorney general regarding the 5 11 implementation and operation of the system. The attorney 5 12 general shall appoint seven voting members and participate as 5 13 a nonvoting member. The council may establish by rule 5 14 provisions regarding terms of office, election of officers, 5 15 and other requirements necessary to maintain the council. The 5 16 bill transfers current victim registration authority from the 5 17 county attorneys to the attorney general and requires the 5 18 attorney general to establish a schedule by which to make the 5 19 transition. 5 20 The bill has an effective date of July 1, 2005. 5 21 LSB 5122XS 80 5 22 kk/cf/24
Text: SF02184 Text: SF02186 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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