House File 2203 - Introduced
HOUSE FILE
BY ALONS, DE BOEF, CHAMBERS,
and J.R. VAN FOSSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the time period a sex offender has to register
2 with or notify the county sheriff and making a penalty
3 applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5273YH 81
6 jm/cf/24
PAG LIN
1 1 Section 1. Section 692A.3, Code 2005, is amended to read
1 2 as follows:
1 3 692A.3 REGISTRATION PROCESS.
1 4 1. A person required to register under this chapter shall
1 5 register with the sheriff of the county of the person's
1 6 residence within five days of prior to the establishment of
1 7 residence in this state or within five days one day of any
1 8 conviction for which the person is not incarcerated, a release
1 9 from custody, or placement on probation, parole, or work
1 10 release. A sheriff shall accept the registration of a
1 11 nonresident of the county if the person required to register
1 12 is a full=time or part=time student or is employed on a full=
1 13 time or part=time basis in the county.
1 14 2. A person required to register under this chapter shall,
1 15 within five days of prior to changing residence within a
1 16 county in this state or within five days of prior to a change
1 17 in the person's name as a result of marriage, dissolution of
1 18 marriage, or a legal name change, notify the sheriff of the
1 19 county in which the person is registered of the change of
1 20 address, name, and any changes in the person's telephone
1 21 number in writing on a form provided by the sheriff. The
1 22 sheriff shall send a copy of the change of information to the
1 23 department within three working days of receipt of notice of
1 24 the change. The sex offender registry shall maintain and make
1 25 available information from the registry cross=referenced by
1 26 name at the time of conviction and by name subsequent to any
1 27 change.
1 28 3. A person required to register under this chapter shall
1 29 register with the sheriff of a county in which residence has
1 30 been newly established and notify the sheriff of the county in
1 31 which the person was registered, within five days of prior to
1 32 changing residence to a location outside the county in which
1 33 the person was registered. Registration shall be in writing
1 34 on a form provided by the sheriff and shall include the
1 35 person's change of address and any changes to the person's
2 1 telephone number or name. The sheriff of the county in which
2 2 the person was registered shall, as soon as possible, notify
2 3 the sheriff of the new county of residence of any change of
2 4 information. The sheriff shall send a copy of the change of
2 5 information to the department within three working days of
2 6 receipt of notice of the change.
2 7 4. A person required to register under this chapter shall
2 8 notify the sheriff of the county in which the person is
2 9 registered, within five days of prior to changing residence to
2 10 a location outside this state, of the new residence address
2 11 and any changes in telephone number or name. The sheriff
2 12 shall send a copy of the change to the department within three
2 13 working days of receipt of notice of the change. The person
2 14 must register with the registering agency of the other state
2 15 within five days of prior to changing residency, if persons
2 16 are required to register under the laws of the other state.
2 17 The department shall notify the registering agency in the
2 18 other state of the registrant's new address, telephone number,
2 19 or name.
2 20 5. The collection of information by a court or releasing
2 21 agency under section 692A.5 shall serve as the person's
2 22 initial registration for purposes of this section. The court
2 23 or releasing agency shall forward a copy of the registration
2 24 to the department within three working days of completion of
2 25 registration.
2 26 Sec. 2. Section 692A.3A, Code 2005, is amended to read as
2 27 follows:
2 28 692A.3A ADDITIONAL REGISTRATION REQUIREMENTS ==
2 29 INSTITUTIONS OF HIGHER EDUCATION.
2 30 1. REGISTRATION IN COUNTY OTHER THAN COUNTY OF RESIDENCE.
2 31 In addition to the registration requirements in section
2 32 692A.3, a person required to register under this chapter, who
2 33 is a full=time or part=time student or is employed or engaged
2 34 in a vocation on a full=time or part=time basis at an
2 35 institution of higher education in a county other than the
3 1 county of residence, shall register with the sheriff of the
3 2 county in which the institution is located, and provide the
3 3 sheriff with the name of the institution. The person must
3 4 register within five days of prior to becoming a student,
3 5 being employed, or engaging in a vocation at the institution.
3 6 2. REGISTRATION IN A COUNTY OF RESIDENCE. In addition to
3 7 the registration requirements in section 692A.3, a person
3 8 required to register under this chapter, who is a full=time or
3 9 part=time student or is employed or engaged in a vocation on a
3 10 full=time or part=time basis at an institution of higher
3 11 education in the county of residence, shall notify the sheriff
3 12 of the name of the institution. The person must notify the
3 13 sheriff within five days of prior to becoming a student, being
3 14 employed, or engaging in a vocation at the institution.
3 15 3. CHANGE IN STATUS. A person required to register under
3 16 this chapter, within five days of prior to the person's change
3 17 in status as a student, or in employment or vocation, shall
3 18 notify the sheriff of the county in which the information was
3 19 provided of the changes. The sheriff shall send a copy of the
3 20 information regarding the change to the department within
3 21 three working days of receipt of the notice of the change.
3 22 Sec. 3. Section 692A.5, subsection 1, paragraphs b, c, d,
3 23 and g, Code Supplement 2005, are amended to read as follows:
3 24 b. Inform the person of the duty to register within one
3 25 day of conviction, if not in custody.
3 26 c. Inform the person that, within five days of prior to
3 27 changing residence, registration with the sheriff in the
3 28 county in which residence is going to be established is
3 29 required, if the residence is within the state.
3 30 d. Inform the person that if the person moves the person's
3 31 residence to another state, the person must give the person's
3 32 new address to the sheriff's department in the county of the
3 33 person's old residence within five days of prior to changing
3 34 addresses, and that, if the other state has a registration
3 35 requirement, the person is also required to register in the
4 1 new state of residence, not later than five days after prior
4 2 to establishing residence in the other state, and to verify
4 3 the address at least annually.
4 4 g. Inform the person that if the person is a resident or a
4 5 nonresident of a county where the person is a full=time or
4 6 part=time student, or employed or engaged in a vocation on a
4 7 full=time or part=time basis at an institution of higher
4 8 education, the person must register in the county where the
4 9 institution is located and notify the sheriff of the name of
4 10 the institution, within five days of prior to becoming a
4 11 student, being employed, or engaging in a vocation at the
4 12 institution. Inform the person that if the person changes
4 13 status as a student, or in employment or vocation, the person
4 14 shall notify the sheriff of the county in which the
4 15 information was provided of the change within five days of
4 16 prior to the change.
4 17 EXPLANATION
4 18 This bill relates to the time period a sex offender has to
4 19 register with or notify the county sheriff.
4 20 The bill provides that a person required to register as a
4 21 sex offender must register with the county sheriff prior to
4 22 establishing a residence in this state, or within one day of
4 23 conviction or being released from custody. Current law
4 24 permits a person to register within five days of establishing
4 25 a residence in this state, or within five days of being
4 26 convicted or released from custody.
4 27 The bill also requires a sex offender to notify the county
4 28 sheriff prior to any address change or name change. Current
4 29 law requires the sex offender to notify the county sheriff
4 30 within five days of any address or name change.
4 31 The bill also requires a sex offender to register in a
4 32 county other than the county of residence prior to becoming a
4 33 student, being employed, or engaging in a vocation at an
4 34 educational institution that is not in the offender's county
4 35 of residence. The bill also requires the offender to provide
5 1 the county sheriff the name of the institution prior to
5 2 becoming a student, being employed, or engaging in a vocation
5 3 at the educational institution.
5 4 The bill also requires that the sheriff of the county in
5 5 which the person was registered shall, as soon as possible,
5 6 notify the sheriff of the new county of residence of the
5 7 registrant's new information.
5 8 Under the bill and in current law, the court is required to
5 9 inform a sex offender of the time period a sex offender has to
5 10 register with or notify the county sheriff.
5 11 A person who fails to comply with the provisions of the
5 12 bill commits an aggravated misdemeanor for a first offense,
5 13 and a class "D" felony for a second or subsequent offense.
5 14 However, a person who fails to comply with registration
5 15 requirements in a county other than the county of residence in
5 16 Code section 692A.3A commits a serious misdemeanor for a first
5 17 offense and a class "D" felony for a second or subsequent
5 18 offense.
5 19 LSB 5273YH 81
5 20 jm:rj/cf/24.1