Text: SSB03053 Text: SSB03055 Text: SSB03000 - SSB03099 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, and pose dangers to other patients 1 16 and staff making them unsuitable for placement in facilities 1 17 designed to treat persons committed under chapter 229 or 1 18 detained under chapter 812. The general assembly finds that 1 19 sexually violent predators' likelihood of engaging in repeat 1 20 acts of predatory sexual violence is high and that the 1 21 existing involuntary commitment procedure and the facilities 1 22 under chapter 229isare inadequate to address the risk these 1 23 sexually violent predators pose to society. The general 1 24 assembly finds that the present danger to public safety posed 1 25 by these sexually violent predators, regardless of whether 1 26 they have committed recent overt acts, is so substantial that 1 27 it warrants placement of the predators in a secure facility. 1 28 Sec. 2. Section 229A.2, subsections 6 and 7, Code 2003, 1 29 are amended to read as follows: 1 30 6. "Predatory" means acts directed toward a person with 1 31 whoma relationshipcontact or interaction has been 1 32 established or promoted for the primary purpose of 1 33 victimization. 1 34 7. "Recent overt act" means any act that has either caused 1 35 harm of a sexually violent nature or creates a reasonable 2 1 apprehension of such harm if the person is not confined. A 2 2 recent overt act committed by a person prior to confinement 2 3 may be considered a recent overt act when the person is 2 4 presently confined. 2 5 Sec. 3. Section 229A.2, Code 2003, is amended by adding 2 6 the following new subsection: 2 7 NEW SUBSECTION. 6A. "Presently confined" means confined 2 8 for any reason. A person who is serving a sentence for any 2 9 public offense, or a person who is otherwise confined on the 2 10 basis of a criminal or civil authority, is presently confined. 2 11 Sec. 4. Section 229A.4, Code 2003, is amended to read as 2 12 follows: 2 13 229A.4 PETITION, TIME, CONTENTS. 2 14 1. If it appears that a person presently confined may be a 2 15 sexually violent predator and the prosecutor's review 2 16 committee has determined that the person meets the definition 2 17 of a sexually violent predator, the attorney general may file 2 18 a petition alleging that the person is a sexually violent 2 19 predator and stating sufficient facts to support such an 2 20 allegation. It is not necessary to allege or prove a recent 2 21 overt act by a person who is presently confined when the 2 22 petition is filed. 2 23 2. A prosecuting attorneyof the county in which the2 24person was convicted or charged, or the attorney general if 2 25 requested by the prosecuting attorney, may file a petition 2 26 alleging that a person is a sexually violent predator and 2 27 stating sufficient facts to support such an allegation, if it 2 28 appears that a person who has committed a recent overt act 2 29 meets any of the following criteria: 2 30 a. The person was convicted of a sexually violent offense 2 31and has been discharged after the completion of the sentence2 32imposed for the offenseand committed a recent overt act. 2 33 b. The person was charged with, but was acquitted of, a 2 34 sexually violent offense by reason of insanity and has been 2 35 released from confinement or any supervision. 3 1 c. The person was charged with, but was found to be 3 2 incompetent to stand trial for, a sexually violent offense and 3 3 has been released from confinement or any supervision. 3 4 Sec. 5. Section 229A.7, subsection 1, Code 2003, is 3 5 amended to read as follows: 3 6 1. If the person charged with a sexually violent offense 3 7 has been found incompetent to stand trial and the person is 3 8 about to be released pursuant to section 812.5, orthe person3 9has been found not guilty of a sexually violent offense by3 10reason of insanity,if a petition has been filed seeking the 3 11 person's commitment under this chapter, the court shall first 3 12 hear evidence and determine whether the person did commit the 3 13 act or acts charged. At the hearing on this issue, the rules 3 14 of evidence applicable in criminal cases shall apply, and all 3 15 constitutional rights available to defendants at criminal 3 16 trials, other than the right not to be tried while 3 17 incompetent, shall apply. After hearing evidence on this 3 18 issue, the court shall make specific findings on whether the 3 19 person did commit the act or acts charged, the extent to which 3 20 the person's incompetenceor insanityaffected the outcome of 3 21 the hearing, including its effect on the person's ability to 3 22 consult with and assist counsel and to testify on the person's 3 23 own behalf, the extent to which the evidence could be 3 24 reconstructed without the assistance of the person, and the 3 25 strength of the prosecution's case. If after the conclusion 3 26 of the hearing on this issue, the court finds, beyond a 3 27 reasonable doubt, that the person did commit the act or acts 3 28 charged, the court shall enter a final order, appealable by 3 29 the person, on that issue, and may proceed to consider whether 3 30 the person should be committed pursuant to this chapter. 3 31 Sec. 6. Section 229A.7, Code 2003, is amended by adding 3 32 the following new subsection: 3 33 NEW SUBSECTION. 1A. If a person has been found not guilty 3 34 by reason of insanity, the court shall determine whether the 3 35 acts charged were proven as a matter of law. If as a matter 4 1 of law, the finding of not guilty by reason of insanity 4 2 requires a finding that the underlying elements of the charged 4 3 offense were proven, then no further fact-finding is required. 4 4 If as a matter of law, the finding of not guilty by reason of 4 5 insanity does not require a finding that the underlying 4 6 elements of the charged offense be proven, the case shall 4 7 proceed in the same manner as if the person were found to be 4 8 incompetent to stand trial as provided in subsection 1. 4 9 EXPLANATION 4 10 This bill relates to the commitment of sexually violent 4 11 predators. 4 12 The bill defines the term "presently confined" to mean a 4 13 person who is serving a sentence for any public offense, or 4 14 who is otherwise confined on the basis of a criminal or civil 4 15 authority. 4 16 The bill changes the definition of the term "predatory" to 4 17 mean acts directed toward a person with whom contact or 4 18 interaction has been established or promoted for the primary 4 19 purpose of victimization. The current definition of 4 20 "predatory" provides that the acts be directed toward a person 4 21 with whom a relationship has been established or promoted for 4 22 the primary purpose of victimization. 4 23 The bill modifies the definition of "recent overt act" to 4 24 include an act that creates a reasonable apprehension of harm 4 25 if the person is not confined. The bill provides that if a 4 26 person is confined for any public offense, it is not necessary 4 27 for the state to file a petition and allege and prove the 4 28 person committed a recent overt act, only that the person is 4 29 confined and may meet the definition of a sexually violent 4 30 predator. Under current law, if a person is confined for an 4 31 offense other than a sexually violent offense, the state must 4 32 allege and prove the person committed a "recent overt act". 4 33 The bill provides that if a sexually violent predator 4 34 petition is filed, and the person is found not guilty by 4 35 reason of insanity, the court shall determine whether the acts 5 1 charged were proven as a matter of law. Under the bill, if as 5 2 a matter of law the finding of not guilty by reason of 5 3 insanity requires a finding that the underlying elements of 5 4 the charge were proven, then no further fact-finding is 5 5 required, and the person shall be subject to civil commitment 5 6 as a sexually violent predator. However, the bill provides 5 7 that if as a matter of law the finding of not guilty by reason 5 8 of insanity does not require a finding that the underlying 5 9 elements of the charge be proven, then the case shall proceed 5 10 as if the person were incompetent under Code section 229A.7 to 5 11 determine whether the person should be committed as a sexually 5 12 violent predator. 5 13 LSB 5209DP 80 5 14 jm/cf/24.1
Text: SSB03053 Text: SSB03055 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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