House File 2096 - Introduced
HOUSE FILE
BY HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the residency restriction for a sex offender
2 near a school or child care facility.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5676YH 81
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PAG LIN
1 1 Section 1. Section 692A.2A, Code 2005, 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 been convicted of a criminal offense against
1 7 a minor, or an offense involving a minor that is an aggravated
1 8 offense, sexually violent offense, or other relevant offense
1 9 that involved a minor. For purposes of measuring the distance
1 10 from the real property comprising a public or nonpublic
1 11 elementary or secondary school or a child care facility to a
1 12 residence, the distance shall be measured from the real
1 13 property comprising the school or child care facility to the
1 14 real property comprising the residence where the person
1 15 resides.
1 16 2. A person shall not reside within two thousand feet of
1 17 the real property comprising a public or nonpublic elementary
1 18 or secondary school or a child care facility.
1 19 3. A person who resides within two thousand feet of the
1 20 real property comprising a public or nonpublic elementary or
1 21 secondary school, or a child care facility, commits an
1 22 aggravated misdemeanor.
1 23 4. A person residing within two thousand feet of the real
1 24 property comprising a public or nonpublic elementary or
1 25 secondary school or a child care facility does not commit a
1 26 violation of this section if any of the following apply:
1 27 a. The person is required to serve a sentence at a jail,
1 28 prison, juvenile facility, or other correctional institution
1 29 or facility.
1 30 b. The person is subject to an order of commitment under
1 31 chapter 229A.
1 32 c. The person has established a residence prior to July 1,
1 33 2002, or a school or child care facility is newly located on
1 34 or after July 1, 2002.
1 35 d. The person has established a residence prior to any
2 1 newly located school or child care facility being established.
2 2 d. e. The person is a minor or a ward under a
2 3 guardianship.
2 4 f. The person is a ward in a guardianship.
2 5 g. The person is enrolled in a secondary school.
2 6 Sec. 2. Section 692A.4A, Code Supplement 2005, is amended
2 7 to read as follows:
2 8 692A.4A ELECTRONIC MONITORING.
2 9 A person required to register under this chapter who is
2 10 placed on probation, parole, work release, special sentence,
2 11 or any other type of conditional release, may be supervised by
2 12 an electronic tracking and monitoring system in addition to
2 13 any other conditions of supervision. However, if the person
2 14 committed has been convicted of a criminal offense against a
2 15 minor, or an offense involving a minor that is an aggravated
2 16 offense, sexually violent offense, or other relevant offense
2 17 that involved a minor, the person shall be supervised for a
2 18 period of at least five years by an electronic tracking and
2 19 monitoring system in addition to any other conditions of
2 20 release.
2 21 EXPLANATION
2 22 This bill relates to residency restrictions applicable to
2 23 sex offenders.
2 24 The bill provides that for purposes of measuring the
2 25 distance from the real property comprising a public or
2 26 nonpublic elementary or secondary school or a child care
2 27 facility to a residence, the distance shall be measured from
2 28 the real property compromising the school or child care
2 29 facility to the real property comprising the residence of the
2 30 offender.
2 31 The bill amends current language to provide that the 2,000=
2 32 foot residency restriction generally applies to residences
2 33 within 2,000 feet of a newly located school or child care
2 34 facility. However, under the bill, the restriction does not
2 35 apply to a sex offender who has an established residence prior
3 1 to the establishment of a newly located school or child care
3 2 facility.
3 3 The bill also provides that the residency restriction does
3 4 not apply to an offender who is enrolled in a secondary
3 5 school.
3 6 The bill also specifies the offenses which subject a
3 7 convicted person to the residency restrictions.
3 8 LSB 5676YH 81
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