House Amendment 8222
PAG LIN
1 1 Amend House File 2448 as follows:
1 2 #1. Page 1, after line 18 by inserting:
1 3 <Sec. ___. Section 692A.101, subsection 27, Code
1 4 Supplement 2009, is amended to read as follows:
1 5 27. "Sex offense" means an indictable offense for
1 6 which a conviction has been entered that has an element
1 7 involving a sexual act, sexual contact, or sexual
1 8 conduct, and which is enumerated in section 692A.102,
1 9 and means any comparable offense for which a conviction
1 10 has been entered under prior law, or any comparable
1 11 offense for which a conviction has been entered in
1 12 a federal, military, or foreign court, or another
1 13 jurisdiction.
1 14 Sec. ___. Section 692A.101, Code Supplement 2009,
1 15 is amended by adding the following new subsection:
1 16 NEW SUBSECTION. 28A. "Sexually motivated" means the
1 17 same as defined in section 229A.2.>
1 18 #2. Page 1, by striking lines 19 through 31.
1 19 #3. Page 1, before line 32 by inserting:
1 20 <Sec. ___. Section 692A.102, subsection 1,
1 21 paragraph a, subparagraphs (6) and (7), Code Supplement
1 22 2009, are amended to read as follows:
1 23 (6) (a) Harassment in violation of section 708.7,
1 24 subsection 1, 2, or 3, if a determination is made that
1 25 the offense was sexually motivated pursuant to section
1 26 692A.126.
1 27 (7) (b) Stalking in violation of section 708.11,
1 28 except a violation of subsection 3, paragraph "b",
1 29 subparagraph (3), if a determination is made that the
1 30 offense was sexually motivated pursuant to section
1 31 692A.126.
1 32 (c) Any other indictable offense in violation of
1 33 chapter 708 if the offense is committed against a minor
1 34 and if a determination is made that the offense was
1 35 sexually motivated pursuant to section 692A.126.
1 36 Sec. ___. Section 692A.102, subsection 1, paragraph
1 37 a, Code Supplement 2009, is amended by adding the
1 38 following new subparagraphs:
1 39 NEW SUBPARAGRAPH. (08) Pimping in violation of
1 40 section 725.2 if the offense was committed against
1 41 a minor or otherwise involves a minor and if a
1 42 determination is made that the offense was sexually
1 43 motivated pursuant to section 692A.126.
1 44 NEW SUBPARAGRAPH. (008) Pandering in violation
1 45 of section 725.3, subsection 2, if a determination is
1 46 made that the offense was sexually motivated pursuant
1 47 to section 692A.126.
1 48 NEW SUBPARAGRAPH. (0008) Any indictable offense in
1 49 violation of chapter 726 if the offense is committed
1 50 against a minor or otherwise involves a minor and if
2 1 a determination is made that the offense was sexually
2 2 motivated pursuant to section 692A.126.
2 3 Sec. ___. Section 692A.102, subsection 1, paragraph
2 4 b, Code Supplement 2009, is amended by adding the
2 5 following new subparagraph:
2 6 NEW SUBPARAGRAPH. (015) Pandering in violation of
2 7 section 725.3.>
2 8 #4. Page 1, line 35, by striking <(5A).> and
2 9 inserting <(06)>
2 10 #5. Page 2, after line 13 by inserting:
2 11 <Sec. ___. Section 692A.113, subsection 1,
2 12 unnumbered paragraph 1, Code Supplement 2009, is
2 13 amended to read as follows:
2 14 A sex offender who has been convicted of a sex
2 15 offense against a minor or a person required to
2 16 register as a sex offender in another jurisdiction for
2 17 an offense involving a minor shall not do any of the
2 18 following:>
2 19 #6. Page 2, after line 28 by inserting:
2 20 <Sec. ___. Section 692A.125, Code Supplement 2009,
2 21 is amended by adding the following new subsection:
2 22 NEW SUBSECTION. 2A. For an offense requiring
2 23 registration due to sexual motivation, the registration
2 24 requirements of section 692A.126 shall apply to a
2 25 person convicted of an offense if the department
2 26 makes the determination that the offense was sexually
2 27 motivated as provided in section 692A.126, subsection
2 28 2.
2 29 Sec. ___. Section 692A.126, Code Supplement 2009,
2 30 is amended to read as follows:
2 31 692A.126 Sexually motivated offense ==
2 32 determination.
2 33 1. If a judge or jury makes a determination, beyond
2 34 a reasonable doubt, that any of the following offenses
2 35 for which a conviction has been entered on or after
2 36 July 1, 2009, are sexually motivated, the person shall
2 37 be required to register as provided in this chapter:
2 38 a. Murder in the first degree in violation of
2 39 section 707.2.
2 40 b. Murder in the second degree in violation of
2 41 section 707.3.
2 42 c. Voluntary manslaughter in violation of section
2 43 707.4.
2 44 d. Involuntary manslaughter in violation of section
2 45 707.5.
2 46 e. Attempt to commit murder in violation of section
2 47 707.11.
2 48 f. Harassment in violation of section 708.7,
2 49 subsection 1, 2, or 3.
2 50 g. Stalking in violation of section 708.11,
3 1 subsection 3, paragraph "b", subparagraph (3).
3 2 h. Any other indictable offense in violation of
3 3 chapter 708 if the offense was committed against a
3 4 minor or otherwise involves a minor.
3 5 h. i. Kidnapping in the first degree in violation
3 6 of section 710.2.
3 7 i. j. Kidnapping in the second degree in violation
3 8 of section 710.3.
3 9 j. k. Kidnapping in the third degree in violation
3 10 of section 710.4.
3 11 k. l. Child stealing in violation of section
3 12 710.5.
3 13 l. m. Purchase or sale or attempted purchase or
3 14 sale of an individual in violation of section 710.11.
3 15 m. n. Burglary in the first degree in violation
3 16 of section 713.3, subsection 1, paragraph "a", "b", or
3 17 "c".
3 18 n. o. Attempted burglary in the first degree in
3 19 violation of section 713.4.
3 20 o. p. Burglary in the second degree in violation
3 21 of section 713.5.
3 22 p. q. Attempted burglary in the second degree in
3 23 violation of section 713.6.
3 24 q. r. Burglary in the third degree in violation of
3 25 section 713.6A.
3 26 r. s. Attempted burglary in the third degree in
3 27 violation of section 713.6B.
3 28 t. Pimping in violation of section 725.2 if the
3 29 offense was committed against a minor or otherwise
3 30 involves a minor.
3 31 u. Pandering in violation of section 725.3,
3 32 subsection 2.
3 33 v. Any indictable offense in violation of chapter
3 34 726 if the offense was committed against a minor or
3 35 otherwise involves a minor.
3 36 2. a. If a The following persons shall be required
3 37 to register as provided in this chapter if the
3 38 department makes a determination that the offense was
3 39 sexually motivated:
3 40 (1) A person convicted of an offense in this state
3 41 specified under subsection 1 prior to July 1, 2009.
3 42 (2) A person is convicted of an offense in another
3 43 jurisdiction, or convicted of an offense that was
3 44 prosecuted in a federal, military, or foreign court,
3 45 prior to, on, or after July 1, 2009, that is comparable
3 46 to an offense specified in subsection 1, the person
3 47 shall be required to register as provided in this
3 48 chapter if the department makes a determination that
3 49 the offense was sexually motivated.
3 50 3. (3) If a A juvenile is convicted of an offense
4 1 in another jurisdiction, or convicted of an offense
4 2 as a juvenile in a similar juvenile court proceeding
4 3 in a federal, military, or foreign court, prior to,
4 4 on, or after July 1, 2009, that is comparable to an
4 5 offense specified in subsection 1, the person shall be
4 6 required to register as provided in this chapter if the
4 7 department makes a determination that the offense was
4 8 sexually motivated.
4 9 b. A determination made pursuant to this subsection
4 10 shall be issued in writing and shall include a summary
4 11 of the information and evidence considered in making
4 12 the determination that the offense was sexually
4 13 motivated.
4 14 c. The determination made by the department shall
4 15 be subject to judicial review in accordance with
4 16 chapter 17A.
4 17 Sec. ___. NEW SECTION. 708.14 Sexual motivation.
4 18 A person convicted of any indictable offense under
4 19 this chapter shall be required to register as a sex
4 20 offender pursuant to the provisions of chapter 692A,
4 21 if the offense was committed against a minor and the
4 22 fact finder makes a determination that the offense was
4 23 sexually motivated pursuant to section 692A.126.>
4 24 #7. Page 3, after line 33 by inserting:
4 25 <Sec. ___. NEW SECTION. 726.10 Sexual motivation.
4 26 A person convicted of any indictable offense under
4 27 this subchapter shall be required to register as a sex
4 28 offender pursuant to the provisions of chapter 692A,
4 29 if the offense was committed against a minor and the
4 30 fact finder makes a determination that the offense was
4 31 sexually motivated pursuant to section 692A.126.>
4 32 #8. Title page, lines 1 and 2, by striking
4 33 <providing penalties, and> and inserting <and providing
4 34 penalties and>
BAUDLER of Adair
HF2448.1466 (6) 83
jm/rj
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