House
File
2414
H-8161
Amend
House
File
2414
as
follows:
1
1.
Page
2,
by
striking
lines
21
and
22
and
inserting:
2
<
3.
The
application
shall
be
filed
in
the
sex
offender’s
3
county
of
principal
residence
where
a
conviction
requiring
the
4
sex
offender’s
registration
occurred
.
>
5
2.
Page
2,
line
33,
after
<
period
.
>
by
inserting
<
The
6
court
shall
provide
all
parties
including
the
victim
and
all
7
other
parties
receiving
notice
under
subsection
4
with
the
8
opportunity
to
be
heard.
9
a.
The
victim
may
appear
at
the
hearing
and
may
provide
the
10
court
with
verbal
or
written
testimony.
11
b.
At
the
hearing,
the
sex
offender
must
establish
by
12
clear
and
convincing
evidence
the
offender
is
not
a
current
13
or
potential
threat
to
public
safety
and
it
is
in
the
best
14
interest
of
justice
to
grant
the
offender’s
application.
15
c.
In
determining
whether
to
grant
or
deny
an
application
16
for
a
modification,
the
court
may
consider,
in
addition
to
the
17
factors
specified
in
subsection
2,
any
other
evidence
the
court
18
deems
appropriate,
including
but
not
limited
to
all
of
the
19
following:
20
(1)
The
sex
offender’s
age
and
level
of
maturity
at
the
time
21
of
the
offense.
22
(2)
The
sex
offender’s
age
and
level
of
maturity
at
the
time
23
of
the
application
and
hearing.
24
(3)
Whether
the
sex
offender
has
accepted
responsibility
25
for
the
offender’s
actions.
26
(4)
The
victim’s
age
and
level
of
maturity
at
the
time
of
27
the
offense.
28
(5)
The
nature
of
the
offense.
29
(6)
The
severity
of
the
offense.
30
(7)
Any
mitigating
or
aggravating
factors
surrounding
the
31
offense.
32
(8)
The
sex
offender’s
criminal
history
prior
to
the
33
offense.
34
(9)
The
sex
offender’s
history
subsequent
to
the
offense.
35
-1-
HF2414.3782
(3)
88
as/rh
1/
2
#1.
#2.
(10)
Any
statements
offered
by
the
victim.
1
(11)
Whether
the
sex
offender
has
maintained
a
stable
2
residence,
and
if
not,
whether
the
failure
to
maintain
a
stable
3
residence
was
the
result
of
the
requirement
that
the
sex
4
offender
register.
5
(12)
Whether
the
sex
offender
has
maintained
stable
6
employment,
and
if
not,
whether
the
failure
to
maintain
stable
7
employment
was
the
result
of
the
requirement
that
the
sex
8
offender
register.
9
(13)
Whether
the
sex
offender
has
adequately
addressed
any
10
drug
or
alcohol
abuse
or
addiction.
11
(14)
Whether
the
sex
offender
has
adequately
addressed
any
12
mental
health
concerns.
13
(15)
Any
statements
or
letters
of
support.
14
(16)
Any
evidence
of
the
sex
offender’s
community
service
or
15
community
involvement.
16
d.
After
the
hearing,
the
court
may
grant
or
deny
the
17
application.
>
18
3.
Page
3,
after
line
15
by
inserting:
19
<
7.
A
sex
offender
may
file
an
application
under
this
20
section
not
more
than
once
every
two
years.
>
21
______________________________
HITE
of
Mahaska
-2-
HF2414.3782
(3)
88
as/rh
2/
2
#3.