Senate File 2263
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 3085)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act making changes to the residency restrictions that apply to
2 certain sex offenders residing near a school or child care
3 facility, and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6417SV 80
6 jm/gg/14
PAG LIN
1 1 Section 1. Section 692A.2A, Code 2003, is amended to read
1 2 as follows:
1 3 692A.2A RESIDENCY RESTRICTIONS == CHILD CARE FACILITIES
1 4 AND SCHOOLS.
1 5 1. For purposes of this section, "person" means a person
1 6 who has committed a criminal offense against a minor, or an
1 7 aggravated offense, sexually violent offense, or other
1 8 relevant offense that involved a minor.
1 9 2. A person shall not reside within two one thousand feet
1 10 of the real property comprising a public or nonpublic
1 11 elementary or secondary school or a child care facility.
1 12 3. A person who resides within two one thousand feet of
1 13 the real property comprising a public or nonpublic elementary
1 14 or secondary school, or a child care facility, commits an
1 15 aggravated misdemeanor.
1 16 4. A person residing within two one thousand feet of the
1 17 real property comprising a public or nonpublic elementary or
1 18 secondary school or a child care facility does not commit a
1 19 violation of this section if any of the following apply:
1 20 a. The person is required to serve a sentence at a jail,
1 21 prison, juvenile facility, or other correctional institution
1 22 or facility.
1 23 b. The person is subject to an order of commitment under
1 24 chapter 229A.
1 25 c. The person has established a residence prior to July 1,
1 26 2002, or a school or child care facility is newly located on
1 27 or after July 1, 2002.
1 28 d. The person is a minor or a ward under a guardianship.
1 29 Sec. 2. Section 692A.5, subsection 1, paragraph h, Code
1 30 2003, is amended to read as follows:
1 31 h. Inform the person, if the person's residency is
1 32 restricted under section 692A.2A, that the person shall not
1 33 reside within two one thousand feet of the real property
1 34 comprising a public or nonpublic elementary or secondary
1 35 school, or a child care facility.
2 1 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 2 immediate importance, takes effect upon enactment.
2 3 EXPLANATION
2 4 This bill makes changes to the residency restrictions that
2 5 apply to certain sex offenders residing near a school or child
2 6 care facility.
2 7 The bill provides that a person required to register as a
2 8 sex offender shall not reside within 1,000 feet of the real
2 9 property comprising a public or nonpublic elementary or
2 10 secondary school, or a child care facility. Current law
2 11 provides that a sex offender shall not reside within 2,000
2 12 feet of a public or nonpublic elementary or secondary school.
2 13 Current law and the bill also provide that a sex offender
2 14 who resides within the restricted area does not violate the
2 15 bill under any of the following circumstances: the person is
2 16 required to serve a sentence at a jail, prison, or juvenile
2 17 facility; the person is subject to an order of commitment
2 18 under Code chapter 229A; the person has previously established
2 19 residency in the restricted area prior to July 1, 2002; a
2 20 school or child care facility newly locates; or the person is
2 21 a minor or a ward under a guardianship.
2 22 A person who violates the bill commits an aggravated
2 23 misdemeanor. An aggravated misdemeanor is punishable by
2 24 confinement for no more than two years and a fine of at least
2 25 $500 but not more than $5,000.
2 26 The bill takes effect upon enactment.
2 27 LSB 6417SV 80
2 28 jm/gg/14