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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