House File 2231
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 509)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the release of sex offender registry records,
2 and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5038HV 80
5 jm/gg/14
PAG LIN
1 1 Section 1. Section 22.7, Code Supplement 2003, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 48. Sex offender registry records under
1 4 chapter 692A, except as provided in section 692A.13.
1 5 Sec. 2. Section 229A.8A, subsection 4, Code Supplement
1 6 2003, is amended to read as follows:
1 7 4. For purposes of registering as a sex offender under
1 8 chapter 692A, a person placed in the transitional release
1 9 program shall be classified a "high=risk" sex offender and
1 10 public notification shall be as provided in section 692A.13A,
1 11 subsection 2. A committed person who refuses to register as a
1 12 sex offender is not eligible for placement in a transitional
1 13 release program.
1 14 Sec. 3. Section 692A.13, Code Supplement 2003, is amended
1 15 by striking the section and inserting in lieu thereof the
1 16 following:
1 17 692A.13 AVAILABILITY OF RECORDS.
1 18 1. The department may provide relevant information from
1 19 the sex offender registry to the following:
1 20 a. A criminal or juvenile justice agency, an agency of the
1 21 state, any sex offender registry of another state, or the
1 22 federal government.
1 23 b. The general public through the sex offender registry's
1 24 web page, except that relevant information about an offender
1 25 who was under twenty years of age at the time the offender
1 26 committed a violation of section 709.4, subsection 2,
1 27 paragraph "c", subparagraph (4), shall not be disclosed on the
1 28 web page.
1 29 c. The single contact repository established pursuant to
1 30 section 135C.33, in accordance with the rules adopted by the
1 31 department.
1 32 2. A criminal or juvenile justice agency may provide
1 33 relevant information from the sex offender registry to the
1 34 following:
1 35 a. A criminal or juvenile justice agency, an agency of the
2 1 state, or any sex offender registry of another state, or the
2 2 federal government.
2 3 b. The general public, including public and private
2 4 agencies, organizations, public places, public and private
2 5 schools, child care facilities, religious and youth
2 6 organizations, neighbors, neighborhood associations, community
2 7 meetings, and employers. Registry information may be
2 8 distributed to the public through printed materials, visual or
2 9 audio press releases, or through a criminal or juvenile
2 10 justice agency's web page.
2 11 3. Any member of the public may contact a county sheriff's
2 12 office or police department to request relevant information
2 13 from the registry regarding a specific person required to
2 14 register under this chapter. The request for information
2 15 shall be in writing, and shall include the name of the person
2 16 and at least one of the following identifiers pertaining to
2 17 the person about whom the information is sought:
2 18 a. The date of birth of the person.
2 19 b. The social security number of the person.
2 20 c. The address of the person.
2 21 4. A county sheriff shall also provide to any person upon
2 22 request access to a list of all registrants in that county.
2 23 However, records of a person protected under 18 U.S.C. } 3521
2 24 shall not be disclosed.
2 25 5. Relevant information provided to the general public may
2 26 include the offender's name, address, a photograph, locations
2 27 frequented by the offender, relevant criminal history
2 28 information from the registry, and any other relevant
2 29 information. Relevant information provided to the public
2 30 shall not include the identity of any victim.
2 31 6. Notwithstanding sections 232.147 through 232.151,
2 32 records concerning convictions which are committed by a minor
2 33 may be released in the same manner as records of convictions
2 34 of adults.
2 35 7. Sex offender registry records are confidential records
3 1 pursuant to section 22.7 and shall only be released as
3 2 provided in this section.
3 3 Sec. 4. Section 901.4, Code Supplement 2003, is amended to
3 4 read as follows:
3 5 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL ==
3 6 DISTRIBUTION.
3 7 The presentence investigation report is confidential and
3 8 the court shall provide safeguards to ensure its
3 9 confidentiality, including but not limited to sealing the
3 10 report, which may be opened only by further court order. At
3 11 least three days prior to the date set for sentencing, the
3 12 court shall serve all of the presentence investigation report
3 13 upon the defendant's attorney and the attorney for the state,
3 14 and the report shall remain confidential except upon court
3 15 order. However, the court may conceal the identity of the
3 16 person who provided confidential information. The report of a
3 17 medical examination or psychological or psychiatric evaluation
3 18 shall be made available to the attorney for the state and to
3 19 the defendant upon request. The reports are part of the
3 20 record but shall be sealed and opened only on order of the
3 21 court. If the defendant is committed to the custody of the
3 22 Iowa department of corrections and is not a class "A" felon, a
3 23 copy of the presentence investigation report shall be
3 24 forwarded to the director with the order of commitment by the
3 25 clerk of the district court and to the board of parole at the
3 26 time of commitment. Pursuant to section 904.602, the
3 27 presentence investigation report may also be released by the
3 28 department of corrections or a judicial district department of
3 29 correctional services to another jurisdiction for the purpose
3 30 of providing interstate probation and parole compact services
3 31 or evaluations, or to a substance abuse or mental health
3 32 services provider when referring a defendant for services.
3 33 The defendant or the defendant's attorney may file with the
3 34 presentence investigation report, a denial or refutation of
3 35 the allegations, or both, contained in the report. The denial
4 1 or refutation shall be included in the report. If the person
4 2 is sentenced for an offense which requires registration under
4 3 chapter 692A, the court shall release the report to the
4 4 department which is responsible under section 692A.13A for
4 5 performing the assessment of risk.
4 6 Sec. 5. Section 692A.13A, Code 2003, is repealed.
4 7 Sec. 6. APPLICABILITY OF AVAILABLE RECORDS IN THE SEX
4 8 OFFENDER REGISTRY. Section 692A.13, as amended by this Act,
4 9 shall apply retroactively to all offenders on the registry.
4 10 Sec. 7. EFFECTIVE DATE. This Act, being deemed of
4 11 immediate importance, takes effect upon enactment.
4 12 EXPLANATION
4 13 This bill relates to the release of sex offender registry
4 14 records.
4 15 The bill repeals a provision requiring the department of
4 16 corrections, the department of human services, the department
4 17 of public safety, and juvenile court officers to perform a
4 18 risk assessment for persons under the jurisdiction of the
4 19 department or juvenile court for purposes of disseminating
4 20 information on the sex offender registry. The bill makes
4 21 corresponding amendments to provisions referencing the
4 22 repealed provision. The bill provides that sex offender
4 23 registry information shall be disseminated in the same manner
4 24 for each offender. Current law provides that sex offender
4 25 information be released in differing ways based upon the risk
4 26 assessment score of the sex offender.
4 27 The bill provides that the department of public safety may
4 28 provide relevant sex offender information to a law enforcement
4 29 agency, another state agency, the federal government, a single
4 30 contact repository under Code section 135C.33, and the general
4 31 public via the department's web page, except that information
4 32 relating to offenders under 20 years of age who commit
4 33 statutory rape shall not be disclosed on the department's web
4 34 page. The bill further provides that a law enforcement agency
4 35 may release sex offender information to another law
5 1 enforcement agency, an agency of the state, another state's
5 2 sex offender registry, the federal government, or the general
5 3 public including public and private agencies and neighborhood
5 4 associations. The bill also provides that any member of the
5 5 general public may request, in writing, sex offender registry
5 6 information from a local law enforcement agency. The county
5 7 sheriff must provide a complete list of registered sex
5 8 offenders in the county if requested by any person.
5 9 The bill provides that sex offender information which may
5 10 be provided to the public includes the name, address,
5 11 photograph, locations frequented by the sex offender, and the
5 12 relevant criminal history of the offender. Information
5 13 provided to the public does not include the identity of any
5 14 victim.
5 15 The bill makes sex offender registry records a confidential
5 16 record under Code chapter 22. The release of sex offender
5 17 registry records are governed by this bill.
5 18 The bill applies retroactively to all sex offenders.
5 19 LSB 5038HV 80
5 20 jm/gg/14