Text: SSB01026 Text: SSB01028 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692A.1, subsection 1, paragraph d, Code 1 2 2003, is amended to read as follows: 1 3 d. Lascivious acts with a child in violation of section 1 4 709.8, subsection 1. 1 5 Sec. 2. Section 692A.14, Code 2003, is amended to read as 1 6 follows: 1 7 692A.14 COOPERATION WITH REGISTRATION. 1 8 Each agency of state and local government which possesses 1 9 information relevant to requirements that a person register 1 10 under this chapter shall provide that information to the court 1 11 or the department upon request. Minutes of testimony shall 1 12 also be provided to the department of corrections, the 1 13 department of human services, or the department of public 1 14 safety upon request for the purpose of conducting an 1 15 assessment of risk. All other confidential records provided 1 16 under this section shall remain confidential, unless otherwise 1 17 ordered by a court, by the lawful custodian of the records, or 1 18 by another person duly authorized to release such information. 1 19 Sec. 3. Section 708.7, subsection 1, paragraph a, 1 20 subparagraph (2), Code 2003, is amended to read as follows: 1 21 (2) Places a simulated explosive or simulated incendiary 1 22 device inor near a building, vehicle, airplane, railroad1 23engine or railroad car, or boat occupied by another persona 1 24 manner which would endanger a person or property. 1 25 Sec. 4. Section 712.1, Code 2003, is amended to read as 1 26 follows: 1 27 712.1 ARSON DEFINED. 1 28 Causing a fire or explosion, or placing any burning or 1 29 combustible material, or any incendiary or explosive device or 1 30 material, in or near any property with the intent to destroy 1 31 or damage such property, or with the knowledge that such 1 32 property will probably be destroyed or damaged, is arson, 1 33 whether or not any such property is actually destroyed or 1 34 damaged. Arson is also causing by manufacturing or attempting 1 35 to manufacture a controlled substance in violation of section 2 1 124.401, a fire or explosion that destroys property. 2 2 Provided, that where a person who owns said property which the 2 3 defendant intends to destroy or damage, or which the defendant 2 4 knowingly endangers, consented to the defendant's acts, and 2 5 where no insurer has been exposed fraudulently to any risk, 2 6 and where the act was done in such a way as not to 2 7 unreasonably endanger the life or property of any other person 2 8 the act shall not be arson. 2 9 Sec. 5. Section 712.2, Code 2003, is amended to read as 2 10 follows: 2 11 712.2 ARSON IN THE FIRST DEGREE. 2 12 Arson is arson in the first degree whenthe property which2 13the defendant intends to destroy or damage, or which the2 14defendant knowingly endangers, is property in whichthe 2 15 presence of one or more persons can be reasonably anticipated 2 16 in or near the property which is the subject of the arson, or 2 17 the arson results in the death of a fire fighter, whether paid 2 18 or volunteer. 2 19 Arson in the first degree is a class "B" felony. 2 20 Sec. 6. Section 712.3, Code 2003, is amended to read as 2 21 follows: 2 22 712.3 ARSON IN THE SECOND DEGREE. 2 23 Arson which is not arson in the first degree is arson in 2 24 the second degree when the propertywhich the defendant2 25intends to destroy or damage, or which the defendant knowingly2 26endangers, which is the subject of the arson, is a building or 2 27 a structure, or real property of any kind, or standing crops, 2 28 or is personal property the value of which exceeds five 2 29 hundred dollars. Arson in the second degree is a class "C" 2 30 felony. 2 31 Sec. 7. Section 804.20, Code 2003, is amended to read as 2 32 follows: 2 33 804.20 COMMUNICATIONS BY ARRESTED PERSONS. 2 34 Any peace officer or other person having custody of any 2 35 person arrested or restrained of the person's liberty for any 3 1 reason whatever, shall permit that person, without unnecessary 3 2 delay after arrival at the place of detention, to call, 3 3 consult, and see a member of the person's family or an 3 4 attorney of the person's choice, or both. Such person shall 3 5 be permitted to make a reasonable number of telephone calls as 3 6 may be required to secure an attorney. If a call is made, it 3 7 shall be made in the presence of the person having custody of 3 8 the one arrested or restrained. If such person is 3 9 intoxicated, or a person under eighteen years of age, the call 3 10 may be made by the person having custody. An attorney shall 3 11 be permitted to see and consult confidentially with such 3 12 person alone and in private at the jail or other place of 3 13 custody without unreasonable delay.A violation of this3 14section shall constitute a simple misdemeanor.3 15 EXPLANATION 3 16 This bill relates to criminal law and procedure, including 3 17 the criminal offenses of arson and communications by an 3 18 arrested person, and the sex offender registry. 3 19 Code section 692A.1, relating to the definition of an 3 20 "aggravated offense" in the sex offender registry Code 3 21 chapter, is amended. The bill provides that a person who 3 22 commits any act of lascivious acts with a child commits an 3 23 aggravated offense. Current law provides that a person who 3 24 commits lascivious acts with a child in violation of Code 3 25 section 709.8, subsection 1, commits an aggravated offense. A 3 26 person who commits an aggravated offense is required to 3 27 register as a sex offender for life. 3 28 Code section 692A.14, relating to the sharing of 3 29 confidential information regarding a sex offender between 3 30 departments, is amended. The bill provides that the minutes 3 31 of testimony shall be provided to the department of 3 32 corrections, the department of human services, or the 3 33 department of public safety for the purpose of conducting a 3 34 risk assessment on a sex offender. Current law provides that 3 35 the minutes of testimony are to be provided upon court order. 4 1 The minutes of testimony are a summary of the facts which are 4 2 attached to a criminal indictment or trial information. 4 3 Code section 708.7, relating to the criminal offense of 4 4 harassment, is amended. The bill expands the definition of 4 5 harassment to include placing a simulated explosive or 4 6 simulated incendiary device in a manner which would endanger a 4 7 person or any property. The current definition includes 4 8 placing a simulated explosive or simulated incendiary device 4 9 in or near a building, vehicle, airplane, railroad engine, or 4 10 railroad car, or boat occupied by another person. 4 11 Code sections 712.1, 712.2, and 712.3, relating to the 4 12 crime of arson, are amended. The amendment to Code section 4 13 712.1 changes the definition of arson to provide that a person 4 14 who manufactures or attempts to manufacture a controlled 4 15 substance in violation of Code section 124.401, which then 4 16 results in a fire or explosion that destroys property, commits 4 17 arson. Code sections 712.2 and 712.3 are amended to conform 4 18 with the definitional change in Code section 712.1. 4 19 Code section 804.20, relating to communications by a person 4 20 who has been arrested, is amended. The bill eliminates the 4 21 criminal penalty in Code section 804.20 if a peace officer 4 22 does not comply with the section, but does not eliminate the 4 23 requirement of a peace officer to permit an arrested person to 4 24 speak with a family member of the person or to an attorney 4 25 after an arrest. 4 26 LSB 1037DP 80 4 27 jm/cls/14
Text: SSB01026 Text: SSB01028 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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