Text: SSB01161 Text: SSB01163 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229A.1, unnumbered paragraph 1, Code 1 2 2003, is amended to read as follows: 1 3 The general assembly finds that a small but extremely 1 4 dangerous group of sexually violent predators exists which is 1 5 made up of persons who do not have a mental disease or defect 1 6 that renders them appropriate for involuntary treatment 1 7 pursuant to the treatment provisions for mentally ill persons 1 8 under chapter 229, since that chapter is intended to provide 1 9 short-term treatment to persons with serious mental disorders 1 10 and then return them to the community. In contrast to persons 1 11 appropriate for civil commitment under chapter 229, sexually 1 12 violent predators generally have antisocial personality 1 13 features that are unamenable to existing mental illness 1 14 treatment modalities and that render them likely to engage in 1 15 sexually violent behavior. The general assembly finds that 1 16 sexually violent predators' likelihood of engaging in repeat 1 17 acts of predatory sexual violence is high and that the 1 18 existing involuntary commitment procedure under chapter 229 is 1 19 inadequate to address the risk these sexually violent 1 20 predators pose to society. The general assembly finds that 1 21 the present danger to public safety posed by these sexually 1 22 violent predators, regardless of whether they have committed 1 23 recent overt acts, is so substantial that it warrants 1 24 placement of the predators in a secure facility. 1 25 Sec. 2. Section 229A.2, Code 2003, is amended by adding 1 26 the following new subsection: 1 27 NEW SUBSECTION. 6A. "Presently confined" means confined 1 28 for any reason. A person who is serving a sentence for any 1 29 public offense, or a person who is otherwise confined on the 1 30 basis of a criminal or civil authority, is presently confined. 1 31 Sec. 3. Section 229A.2, subsection 7, Code 2003, is 1 32 amended to read as follows: 1 33 7. "Recent overt act" means any act that has either caused 1 34 harm of a sexually violent nature or creates a reasonable 1 35 apprehension of such harm if the person is not confined. A 2 1 recent overt act committed by a person prior to confinement 2 2 may be considered a recent overt act when the person is 2 3 presently confined. 2 4 Sec. 4. Section 229A.2, subsection 10, Code 2003, is 2 5 amended by adding the following new paragraph before paragraph 2 6 a: 2 7 NEW PARAGRAPH. 0a. A violation of any provision as 2 8 provided in section 692A.7. 2 9 Sec. 5. Section 229A.2, subsection 11, Code 2003, is 2 10 amended to read as follows: 2 11 11. "Sexually violent predator" means a person who has 2 12 ever been convicted of or charged with a sexually violent 2 13 offense at any time and who suffers from a mental abnormality 2 14 which makes the person likely to engage in predatory acts 2 15 constituting sexually violent offenses, if not confined in a 2 16 secure facility. 2 17 Sec. 6. Section 229A.4, subsection 1, Code 2003, is 2 18 amended to read as follows: 2 19 1. If it appears that a person presently confined for any 2 20 public offense or other lawful purpose, may be a sexually 2 21 violent predator and the prosecutor's review committee has 2 22 determined that the person meets the definition of a sexually 2 23 violent predator, the attorney general may file a petition 2 24 alleging that the person is a sexually violent predator and 2 25 stating sufficient facts to support such an allegation. It is 2 26 not necessary to allege or prove a recent overt act by a 2 27 person who is presently confined when the petition is filed. 2 28 Sec. 7. Section 229A.4, subsection 2, Code 2003, is 2 29 amended to read as follows: 2 30 2. A prosecuting attorneyof the county in which the2 31person was convicted or charged,or the attorney generalif2 32requested by the prosecuting attorney,may file a petition 2 33 alleging that a person is a sexually violent predator and 2 34 stating sufficient facts to support such an allegation, if it 2 35 appears that a person who has committed a recent overt act 3 1 meets any of the following criteria: 3 2 a. The person was previously convicted of a sexually 3 3 violent offenseand has been discharged after the completion3 4of the sentence imposed for the offense, and committed a 3 5 recent overt act when the person was not confined. 3 6 b. The person was charged with, but was acquitted of, a 3 7 sexually violent offense by reason of insanity and has been 3 8 released from confinement or any supervision. 3 9 c. The person was charged with, but was found to be 3 10 incompetent to stand trial for, a sexually violent offense and 3 11 has been released from confinement or any supervision. 3 12 Sec. 8. Section 229A.7, subsection 1, Code 2003, is 3 13 amended to read as follows: 3 14 1. If the person charged with a sexually violent offense 3 15 has been found incompetent to stand trial and the person is 3 16 about to be released pursuant to section 812.5, orthe person3 17has been found not guilty of a sexually violent offense by3 18reason of insanity,if a petition has been filed seeking the 3 19 person's commitment under this chapter, the court shall first 3 20 hear evidence and determine whether the person did commit the 3 21 act or acts charged. At the hearing on this issue, the rules 3 22 of evidence applicable in criminal cases shall apply, and all 3 23 constitutional rights available to defendants at criminal 3 24 trials, other than the right not to be tried while 3 25 incompetent, shall apply. After hearing evidence on this 3 26 issue, the court shall make specific findings on whether the 3 27 person did commit the act or acts charged, the extent to which 3 28 the person's incompetenceor insanityaffected the outcome of 3 29 the hearing, including its effect on the person's ability to 3 30 consult with and assist counsel and to testify on the person's 3 31 own behalf, the extent to which the evidence could be 3 32 reconstructed without the assistance of the person, and the 3 33 strength of the prosecution's case. If after the conclusion 3 34 of the hearing on this issue, the court finds, beyond a 3 35 reasonable doubt, that the person did commit the act or acts 4 1 charged, the court shall enter a final order, appealable by 4 2 the person, on that issue, and may proceed to consider whether 4 3 the person should be committed pursuant to this chapter. 4 4 Sec. 9. Section 229A.7, Code 2003, is amended by adding 4 5 the following new subsection: 4 6 NEW SUBSECTION. 1A. If a person has been found not guilty 4 7 by reason of insanity, the court shall determine whether the 4 8 acts charged were proven as a matter of law. If as a matter 4 9 of law, the finding of not guilty by reason of insanity 4 10 requires a finding that the underlying elements of the charged 4 11 offense were proven, then no further fact-finding is required. 4 12 If as a matter of law, the finding of not guilty by reason of 4 13 insanity does not require a finding that the underlying 4 14 elements of the charged offense be proven, then the case shall 4 15 proceed in the same manner as if the person were found to be 4 16 incompetent to stand trial as provided in subsection 1. 4 17 EXPLANATION 4 18 This bill relates to the commitment of a sexually violent 4 19 predator. 4 20 The bill defines "presently confined" to mean a person who 4 21 is serving a sentence for any public offense, or who is 4 22 otherwise confined on the basis of a criminal or civil 4 23 authority. 4 24 The bill modifies the definition of "recent overt act" to 4 25 include an act that creates a reasonable apprehension of harm 4 26 if the person is not confined. The bill also provides that a 4 27 recent overt act committed by a person prior to confinement 4 28 may be considered a recent overt act when the person is 4 29 confined. In order for the state to file a petition alleging 4 30 a person who is not confined is a sexually violent predator, 4 31 the state must claim the person has committed a recent overt 4 32 act. 4 33 However, the bill provides that if a person is confined, it 4 34 is not necessary for the state to file a petition and allege 4 35 and prove the person has committed a recent overt act, only 5 1 that the person is confined and may meet the definition of a 5 2 sexually violent predator. Current law provides that a person 5 3 who is confined must be confined for a sexually violent- 5 4 related offense before a sexually violent predator petition 5 5 can be filed. 5 6 The bill includes in the definition of a "sexually violent 5 7 predator" any violation of the provisions of the sex offender 5 8 registry in Code section 692A.7. A person who commits a 5 9 violation of the sex offender registry provisions and who 5 10 suffers from a mental abnormality which makes the person 5 11 likely to engage in predatory acts, may be committed as a 5 12 sexually violent predator under the bill. 5 13 The bill provides that if a sexually violent predator 5 14 petition is filed, and the person is found not guilty by 5 15 reason of insanity, the court shall determine whether the acts 5 16 charged were proven as a matter of law. Under the bill, if as 5 17 a matter of law, the finding of not guilty by reason of 5 18 insanity requires a finding that the underlying elements of 5 19 the charged offense were proven, then no further fact-finding 5 20 is required, and the person shall be subject to civil 5 21 commitment as a sexually violent predator. However, the bill 5 22 provides that if as a matter of law the finding of not guilty 5 23 by reason of insanity does not require a finding that the 5 24 underlying elements of the charge be proven, then the case 5 25 shall proceed as if the person were incompetent under Code 5 26 section 229A.7 to determine whether the person should be 5 27 committed as a sexually violent predator. 5 28 LSB 3082SC 80 5 29 jm/cf/24
Text: SSB01161 Text: SSB01163 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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