Text: SF02192 Text: SF02194 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2193 1 2 1 3 AN ACT 1 4 RELATING TO THE CIVIL COMMITMENT OF SEXUALLY VIOLENT 1 5 PREDATORS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 229A.7, subsection 1, Code 2003, is 1 10 amended to read as follows: 1 11 1. If the person charged with a sexually violent offense 1 12 has been found incompetent to stand trial and the person is 1 13 about to be released pursuant to section 812.5, orthe person1 14has been found not guilty of a sexually violent offense by1 15reason of insanity,if a petition has been filed seeking the 1 16 person's commitment under this chapter, the court shall first 1 17 hear evidence and determine whether the person did commit the 1 18 act or acts charged. At the hearing on this issue, the rules 1 19 of evidence applicable in criminal cases shall apply, and all 1 20 constitutional rights available to defendants at criminal 1 21 trials, other than the right not to be tried while 1 22 incompetent, shall apply. After hearing evidence on this 1 23 issue, the court shall make specific findings on whether the 1 24 person did commit the act or acts charged, the extent to which 1 25 the person's incompetenceor insanityaffected the outcome of 1 26 the hearing, including its effect on the person's ability to 1 27 consult with and assist counsel and to testify on the person's 1 28 own behalf, the extent to which the evidence could be 1 29 reconstructed without the assistance of the person, and the 1 30 strength of the prosecution's case. If after the conclusion 1 31 of the hearing on this issue, the court finds, beyond a 1 32 reasonable doubt, that the person did commit the act or acts 1 33 charged, the court shall enter a final order, appealable by 1 34 the person, on that issue, and may proceed to consider whether 1 35 the person should be committed pursuant to this chapter. 2 1 Sec. 2. Section 229A.7, Code 2003, is amended by adding 2 2 the following new subsection: 2 3 NEW SUBSECTION. 1A. If a person has been found not guilty 2 4 by reason of insanity, the court shall determine whether the 2 5 acts charged were proven as a matter of law. If as a matter 2 6 of law, the finding of not guilty by reason of insanity 2 7 requires a finding that the underlying elements of the charged 2 8 offense were proven, then no further fact-finding is required. 2 9 If as a matter of law, the finding of not guilty by reason of 2 10 insanity does not require a finding that the underlying 2 11 elements of the charged offense be proven, the case shall 2 12 proceed in the same manner as if the person were found to be 2 13 incompetent to stand trial as provided in subsection 1. 2 14 2 15 2 16 2 17 JEFFREY M. LAMBERTI 2 18 President of the Senate 2 19 2 20 2 21 2 22 CHRISTOPHER C. RANTS 2 23 Speaker of the House 2 24 2 25 I hereby certify that this bill originated in the Senate and 2 26 is known as Senate File 2193, Eightieth General Assembly. 2 27 2 28 2 29 2 30 MICHAEL E. MARSHALL 2 31 Secretary of the Senate 2 32 Approved , 2004 2 33 2 34 2 35 3 1 THOMAS J. VILSACK 3 2 Governor
Text: SF02192 Text: SF02194 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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