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
  5 jm/je/5

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
  3  9 jm:rj/je/5