Senate File 2363 S-5077 Amend Senate File 2363 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 692A.128, Code 2022, is amended to read 4 as follows: 5 692A.128 Modification. 6 1. A sex offender who is on probation, parole, work release, 7 special sentence, or any other type of conditional release may 8 file an application in district court seeking to modify the 9 registration requirements under this chapter . 10 2. An For an offender whose requirement to register as a sex 11 offender commenced prior to July 1, 2022, an application shall 12 not be granted unless all of the following apply: 13 a. The date of the commencement of the requirement to 14 register occurred at least two years prior to the filing of the 15 application for a tier I offender and five years prior to the 16 filing of the application for a tier II or III offender. 17 b. The sex offender has successfully completed all sex 18 offender treatment programs that have been required. 19 c. A risk assessment has been completed and the sex offender 20 was classified as a low risk to reoffend. The risk assessment 21 used to assess an offender as a low risk to reoffend shall 22 be a validated risk assessment approved by the department of 23 corrections. 24 d. The sex offender is not incarcerated when the application 25 is filed. 26 e. The director of the judicial district department 27 of correctional services supervising the sex offender, or 28 the director’s designee, stipulates to the modification, 29 and a certified copy of the stipulation is attached to the 30 application. 31 3. For an offender whose requirement to register as a sex 32 offender commenced on or after July 1, 2022, an application 33 shall not be granted unless all of the following apply: 34 a. A period of time has elapsed since the offender’s initial 35 -1- SF 2363.3943 (2) 89 as/rh 1/ 4 #1.

registration as follows: 1 (1) (a) Except as otherwise provided in subparagraph 2 division (b), a tier I offender initially registered at least 3 ten years prior to the filing of the application. 4 (b) A tier I offender who was under twenty years of age at 5 the time the offender committed a violation of section 709.4, 6 subsection 1, paragraph “b” , subparagraph (2), subparagraph 7 division (d), initially registered at least five years prior to 8 the filing of the application. 9 (2) A tier II or tier III offender initially registered at 10 least fifteen years prior to the filing of the application. 11 b. The sex offender has successfully completed all sex 12 offender treatment programs that have been required. 13 c. A risk assessment has been completed and the sex offender 14 was classified as a low risk to reoffend. The risk assessment 15 used to assess an offender as a low risk to reoffend shall 16 be a validated risk assessment approved by the department of 17 corrections. 18 d. The sex offender is not incarcerated when the application 19 is filed has successfully completed any pretrial release, 20 probation, parole, or work release for the offense requiring 21 registration . 22 e. The director of the judicial district department 23 of correctional services supervising the sex offender, or 24 the director’s designee, stipulates to the modification, 25 and a certified copy of the stipulation is attached to the 26 application. 27 f. The sex offender is not incarcerated when the application 28 is filed. 29 (1) A tier I offender must not have been convicted of any 30 criminal offense other than a simple misdemeanor, or a simple 31 or serious misdemeanor or traffic violation under chapter 321, 32 for the ten-year period immediately preceding the filing of the 33 application. 34 (2) A tier II or tier III offender shall not have been 35 -2- SF 2363.3943 (2) 89 as/rh 2/ 4

convicted of any criminal offense other than a simple 1 misdemeanor, or a simple or serious misdemeanor or traffic 2 violation under chapter 321, for the fifteen-year period 3 immediately preceding the filing of the application. 4 3. 4. The application shall be filed in the sex offender’s 5 county of principal residence. 6 4. 5. Notice of any application shall be provided to the 7 county attorney of the county of the sex offender’s principal 8 residence, the county attorney of any county in this state 9 where a conviction requiring the sex offender’s registration 10 occurred, and the department. The county attorney where the 11 conviction occurred shall notify the victim of an application 12 if the victim’s address is known. 13 5. 6. The court may, but is not required to, conduct 14 a hearing on the application to hear any evidence deemed 15 appropriate by the court. The court may modify the 16 registration requirements under this chapter by reducing the 17 registration period . 18 6. A sex offender may be granted a modification if the 19 offender is required to be on the sex offender registry as a 20 result of an adjudication for a sex offense, the offender is 21 not under the supervision of the juvenile court or a judicial 22 district judicial department of correctional services, and the 23 department of corrections agrees to perform a risk assessment 24 on the sex offender. However, all other provisions of this 25 section not in conflict with this subsection shall apply to the 26 application prior to an application being granted except that 27 the sex offender is not required to obtain a stipulation from 28 the director of a judicial district department of correctional 29 services, or the director’s designee. 30 7. If the court modifies the registration requirements 31 under this chapter , the court shall send a copy of the order to 32 the department, the sheriff of the county of the sex offender’s 33 principal residence, any county attorney notified in subsection 34 4 , and the victim, if the victim’s address is known. > 35 -3- SF 2363.3943 (2) 89 as/rh 3/ 4