Senate
File
385
S-3036
Amend
Senate
File
385
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
2
and
inserting:
3
<
Section
1.
Section
692A.106,
subsection
2,
Code
4
2013,
is
amended
to
read
as
follows:
5
2.
A
sex
offender
who
has
been
sentenced
to
a
6
special
sentence
under
section
903B.1
or
903B.2
,
shall
7
be
required
to
register
for
a
period
equal
to
the
term
8
of
the
special
sentence,
but
in
no
case
not
less
than
9
the
period
specified
in
subsection
1
,
unless
discharged
10
early
from
the
term
of
the
special
sentence
imposed
11
under
chapter
903B
.
12
Sec.
2.
NEW
SECTION
.
903B.3
Early
discharge
from
13
special
sentence.
14
1.
A
person
who
is
serving
a
special
sentence
prior
15
to,
on,
or
after
the
effective
date
of
this
Act,
may
16
file
an
application
in
district
court
seeking
an
early
17
discharge
from
the
term
of
the
special
sentence
imposed
18
under
this
chapter.
19
2.
An
application
shall
not
be
granted
unless
all
20
of
the
following
apply:
21
a.
The
person
was
eighteen
years
of
age
or
younger
22
when
the
offense
requiring
the
special
sentence
was
23
committed.
24
b.
The
victim
of
the
offense
requiring
the
special
25
sentence
was
thirteen
years
of
age
or
older
when
the
26
offense
was
committed.
27
c.
The
person
has
successfully
completed
all
sex
28
offender
treatment
programs
that
have
been
required.
29
d.
A
risk
assessment
has
been
completed
and
the
sex
30
offender
was
classified
as
a
low
or
low-to-moderate
31
risk
to
reoffend.
The
risk
assessment
used
to
assess
32
an
offender
as
a
low
or
low-to-moderate
risk
to
33
reoffend
shall
be
a
validated
risk
assessment
approved
34
by
the
department
of
corrections.
35
e.
The
person
is
not
incarcerated
when
the
36
application
is
filed.
37
3.
The
application
shall
be
filed
in
the
person’s
38
county
of
principal
residence.
39
4.
Notice
of
any
application
shall
be
provided
40
to
the
county
attorney
of
the
county
of
the
person’s
41
principal
residence,
the
county
attorney
of
the
county
42
where
the
conviction
requiring
the
special
sentence
43
occurred,
and
the
department
of
public
safety.
The
44
county
attorney
where
the
conviction
occurred
shall
45
notify
the
victim
of
an
application
if
the
victim’s
46
address
is
known.
47
5.
The
court
shall
conduct
a
hearing
on
the
48
application
to
hear
any
evidence
deemed
appropriate
49
by
the
court.
A
victim,
as
defined
in
section
915.10
50
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SF385.1021
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2
#1.
shall
be
provided
an
opportunity
to
be
heard
in
any
1
format
permissible
under
section
915.13.
2
6.
The
court,
after
the
hearing,
may
either
refuse
3
to
grant
the
application
or
order
that
the
person
be
4
discharged
early
from
the
term
of
the
special
sentence.
5
7.
A
copy
of
any
court
order
entered
pursuant
to
6
this
section
shall
be
sent
to
the
person,
the
county
7
attorney
of
the
person’s
principal
place
of
residence,
8
the
county
attorney
of
the
county
where
the
conviction
9
requiring
the
special
sentence
occurred,
and
the
10
victim,
if
the
address
of
the
victim
is
known.
11
8.
If
the
court
orders
the
person
discharged
12
early
from
the
term
of
the
special
sentence,
a
copy
13
of
the
early
discharge
order
shall
also
be
sent
to
14
the
department
of
corrections,
the
department
of
15
public
safety,
and
to
the
sheriff
of
the
county
of
the
16
person’s
principal
place
of
residence.
17
9.
If
the
court
orders
the
person
discharged
early
18
from
the
term
of
the
special
sentence,
the
person
shall
19
be
immediately
discharged
from
the
special
sentence,
20
and
the
person’s
name
and
relevant
information
shall
21
be
removed
from
the
sex
offender
registry
in
the
22
same
manner
as
if
the
person’s
required
period
of
23
registration
ended
under
chapter
692A.
>
24
2.
Title
page,
by
striking
lines
1
through
5
and
25
inserting
<
An
Act
modifying
the
imposition
of
certain
26
special
sentences.
>
27
______________________________
NANCY
J.
BOETTGER
______________________________
ROBERT
M.
HOGG
-2-
SF385.1021
(2)
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2
#2.