Senate
File
385
S-3048
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
offense
requiring
the
special
sentence
did
28
not
involve
force
or
a
threat
of
force
and
was
not
done
29
against
the
will
of
the
victim.
30
d.
The
person
has
successfully
completed
all
sex
31
offender
treatment
programs
that
have
been
required.
32
e.
A
risk
assessment
has
been
completed
and
the
sex
33
offender
was
classified
as
a
low
or
low-to-moderate
34
risk
to
reoffend.
The
risk
assessment
used
to
assess
35
an
offender
as
a
low
or
low-to-moderate
risk
to
36
reoffend
shall
be
a
validated
risk
assessment
approved
37
by
the
department
of
corrections.
38
f.
The
person
is
not
incarcerated
when
the
39
application
is
filed.
40
3.
The
application
shall
be
filed
in
the
person’s
41
county
of
principal
residence.
42
4.
Notice
of
any
application
shall
be
provided
43
to
the
county
attorney
of
the
county
of
the
person’s
44
principal
residence,
the
county
attorney
of
the
county
45
where
the
conviction
requiring
the
special
sentence
46
occurred,
and
the
department
of
public
safety.
The
47
county
attorney
where
the
conviction
occurred
shall
48
notify
the
victim
of
an
application
if
the
victim’s
49
address
is
known.
50
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2
#1.
5.
The
court
shall
conduct
a
hearing
on
the
1
application
to
hear
any
evidence
deemed
appropriate
2
by
the
court.
A
victim,
as
defined
in
section
915.10
3
shall
be
provided
an
opportunity
to
be
heard
in
any
4
format
permissible
under
section
915.13.
5
6.
The
court,
after
the
hearing,
may
either
refuse
6
to
grant
the
application
or
order
that
the
person
be
7
discharged
early
from
the
term
of
the
special
sentence.
8
7.
A
copy
of
any
court
order
entered
pursuant
to
9
this
section
shall
be
sent
to
the
person,
the
county
10
attorney
of
the
person’s
principal
place
of
residence,
11
the
county
attorney
of
the
county
where
the
conviction
12
requiring
the
special
sentence
occurred,
and
the
13
victim,
if
the
address
of
the
victim
is
known.
14
8.
If
the
court
orders
the
person
discharged
15
early
from
the
term
of
the
special
sentence,
a
copy
16
of
the
early
discharge
order
shall
also
be
sent
to
17
the
department
of
corrections,
the
department
of
18
public
safety,
and
to
the
sheriff
of
the
county
of
the
19
person’s
principal
place
of
residence.
20
9.
If
the
court
orders
the
person
discharged
early
21
from
the
term
of
the
special
sentence,
the
person
shall
22
be
immediately
discharged
from
the
special
sentence,
23
and
the
person’s
name
and
relevant
information
shall
24
be
removed
from
the
sex
offender
registry
in
the
25
same
manner
as
if
the
person’s
required
period
of
26
registration
ended
under
chapter
692A.
>
27
2.
Title
page,
by
striking
lines
1
through
5
and
28
inserting
<
An
Act
modifying
the
imposition
of
certain
29
special
sentences.
>
30
______________________________
NANCY
J.
BOETTGER
______________________________
ROBERT
M.
HOGG
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(2)
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2/
2
#2.